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1970 April Council Proceedings 115 Regular Session April 6, 1970 BOARD OF HEALTH OFFICIAL Regullr Sess'on, April 6, 1970 Bolrd met lit 1:15 P.M. IC.S.T.) P,....nt - Chl"""n DonIld R. Meyers, Messrs. Joseph J. Bitter, Geylord M. Couchmen, Wlyne A. Moldenhluer, Wilier A. Pl'8gler. Dr. Kenneth K. Hulet. Col1S.iderable discussion Wis held relative to eombined health service between the City, County and School and V.N.A. Dr. Hazlet was of the opinion that if the Cil)' would underwrite it, nothing but good could eventulIIy come from it, after ell facets of the Com. bined program have been studied. I Dr. Hazlet was highly pleased with the results of the Rubella earn. paign and again thanked everyone eoncemed. There being no further business I Chairman Donald R. Meyers moved to adjourn. Seconded by Mr. Jo- seph Bitter. Carried by the follow. ing yote: Yeas - Chairman Donald R. Keyers, Messrs. Joseph J. Bitter, Gaylord M. Couchman, Wa7De A. Moldenhauer, Waller A. Pregler. NaYS-None. Leo F. Frommelt Clerk Board of Health Approved ................................. 19'1r. Adopted ..................................... \8'7r ----..-..---....--....-......-..- -.... . ..-..............-.................................-.........-...-. --....--..---...-.--- -. ------.--.-.--.--. -..-......---......--...-...-...........--. Kembers Board of Health Attest: ................................................ Clerk Board of Health Regular Session April 6, 1970 Regular Session April 6, 1970 Code of Iowa, as amended, the Civil Service COmmissionconduet- ed entrance examinations on Feb- ruary 25, 1970, to a group of' ap- plicants seeking positions on the Police Department. The foIlowing named applicants passed both the written and phy- sical examinations and are bereby certified for appointment to the Police Department. Naert, Douglas B. 86'J: DeBolt, Dayid 82% Brosnahan, William C. 79% Kennedy, Leo J. 73% RespectfuIly submitted, Louis F. Fsutsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service COmmission Attest: Leo F. Frommelt Ci!)' Clerk Subscribed and sworn to before me this 1st day of April, 1970. Eugene J. Berens Notary Public Mayor Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of United Fund of Dubuque baving recently adopt- ed a recommendation that the Com m u nit y Services Planning COmmittee provide support to fu- ture efforts toward reorganizing and centralizing Community Health programs by the City, County, Sehool Systems of V.N.A. inviting comments and exploring interest in attendiog a joint meeting, pre- sented and read. Councilman Preg- ler moyed that the, Manager be instructed to set up a meeting with the United Fund Planning COm- mittee in order to explore the feas- ibili!)' of joint action. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. 117 116 April 1, 1970 To the Honorable Mayor and City Council This is to advise that I have ap- proved the following bond and pol- Icy, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Tri-State Paving Company Bituminous Casualty Company SIDEWALK Edwards Construction Company Merchants Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager CounclIman Pregler moved that filing of the policy and bond be approved subject to approyal of the City Solicitor. Seconded by Councilman Bitter. Carried by the folIowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. I April 3, 1970 To the Honorable Mayor and Members of the City Council Attached is a resolution pertain. ing to Dubuque's participation in the National Flood Iosurance Pr0- gram. The resolution is included in Monday night's council agenda. The City COuncil in Resolution 71-69, passed on March 24, 1969, expressed its interest in securing flood insurance coverage by par- ticipating in the National Flood Iosurance Program established by the Housing and Urban Deyelop- ment Act of 1969. Under the 1968 Act, flood insurance coyerage is available only after time-consum- ing actuarial studies have estab- lished insurance premium rates. The Housing and Urban Develop- ment Act of 1968 amended the National Flood Iosurance Program to provide a two year emergency program making it possible for communities which meet federal 'I requirements to obtain flood in- surance without waiting for the eompletion of actuarial studies. To meet the requirements of the emergency program, certain flood and legal information must be sub- mitted and certain assurances must be made by the CIty Council to the Federal Iosurance Agency. The required information Is being prepared by the staff *"d the as- surances are specified in Sections 1, 2, 3, and 4 of the resolution. We have been advised by the Federal Iosurance Administration that they are prepared to make flood insur- anee available within four weeks of the 'receipt of the necessary in- formation. RespectfuIly, Gilbert D. ChaveneIIe CIty Manager Councilman Couchman moyed that the communication be receiv- ed and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 71-70 WHEREAs, the City Council in Resolution No. 71-69 passed on March 24, 1969, expressed its in- terest in securing flood insurance coverage by participating in the National Flood Insurance Program established by the Housing and Urban Development Act of 1968; and WHEREAs, the emergency flood provisions of the Housing and Ur- ban Development Act of 1969 amended the Housing and Urban Act of 1968 to provide flood insur- ance to communities which meet federal requirements without wait- ing for time-consuming actuarial studies to establish insurance pre- mium rates; and WHEREAS, to meet federal re- quirements for flood insurance coverage without time-consuming premium rate making studies, cer- tain assurances must be giyen by the City Council; and WHEREAS, the City Council deems it in the best public interest that the Ci!)' of Dubuque partici- pate in the National Flood Iosur- ance Program as soon as possible. NOW, THEREFoRE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City of Du- buque, Iowa and its City Council does hereby give its assurance to recognize and duly evaluate flood hazards In all official actions re- lating to land Use In the flood plain areas having special flood hazards. CITY COUNCIL OFFICIAL Regullr Session, April 6, 1970 Council met at 7:30 P.M. (C.S.T.) Present - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. City Maneger Gil- bert D. Chevenelle. Mayor Meyers read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such busi- ness as may properly come before the meeting. April 1, 1970 To the Honorable Mayor and Members of the City Council 10 accordance with the provis- ions of Chapter 365 of the 1966 Code of Iowa, as amended, the Civil Service Commission conduct- ed entrance examinations on Feb- ruary 25, 1970 to a group of ap- plicants seeking positions on the Fire Department. The foIlowing named applicant passed hoth the written and phy- sical examination and is hereby certified for appointment to the Fire Department. Fitschen, Michael J. 72.5% RespectfuIly submitted, Louis F. Fautsch Chairman Gerard B. Noonan Leltoy H. Giles Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to hefore me this 1st day of April, 1970. Eugene J. Berens Notar)' Public Mayor Meyers moved that the communication be received and filed and made a matter of record. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. April 1, 1970 To the Honorable Mayor and Members of the City Council 10 accordance with the provis- Ions of Chapter 365 of the 1966 Re(l1lar Session April 6, 1970 Wayne A. Moldenhauer Waller A. Pregler Gaylord M. COuchman J_b J. Bitter COUDCÜIDeD 118 Section 2. That the City of Du- buque, 10- and its Cil)' Council .we. hereby give its assurence to enact by December 31, 1971, end maintain in force for - baYing special flood lIuards, adequate lend use end control m.-res with effective enforcement proYilÌonl consistent with the criteria set forth, in Sub part B of Section 1910 of the Federal Iosurence Admini- stration regulations. Section 3. Tbat the CII)' CouJIIcil of the Cil)' of Dubuque, Iowa does hereby give Its assurance to take such other official actiOb as may be reasonably necessary' to cøry out the objectives of the National Flood Iosurance Prouam. Sw:I1 actions including but not limited to: (a) Assist the Adminiotrator of the Federal Insurance Administra- tion, at his request, In delineating the limits of the flood plain having specie! flood hazard on IYaiIab1e local maps of sufficient scale to identify the location of building sites. (b) After ftood IDNT8Dœ Is made available, furnishing representa- tives of appropriate federal and state agencies or of the National Flood Insurance AesociItion, in- formation, as requested, concern- ing new or substantially Improved structure within the area of special flood hazard. (0) Cooperating with federal. state and local ageneles whidt un- dertake to study, survey, map and identify flood-i>rone areas as _II as cooperation with ~ jurisdietiona with respect to ad- joining flood plains in order to prevent aggrayation of the flood- ing problem. SecHon 4, That the Cit,)' Manaler be and he is hereby authori.led and directed to do any and ell things neceosary and incidental to implementing the COIDIIIitment made herein and hereby. Sectton 5. 'l'hat œrtified eopies of this Resolution be transmitted forthwith by the City Manager to the Federal Insurance Admiaistrat- or of the Department of Housing and Urban DeyelopmeDt in Wash- Ington, D.C. Pasaecl, approved and adopted tbis 6th day of April, 1970- Donald R. Me,yera Mayor Attest: Leo F. Frommelt ClI)' Clerk Mayor Meyers mooed adoption of the reaolution. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, COuncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of COngr........n John C. Culver eddressed to Dr. Wayue IIo1denhauer reletive to the refusal of the OU¡ee of Civil Defense in Washington to gr.ant the application for architect'. f- in the construction of a portion of the Ninth Street Fire Head- quarters, presented and rea d. Councilman Moldenlw1er moved that the communication be receiy- ed and filed. Seconded by Council- man Bitter. carried by the follow- ing vote: Yeas - Mayor Me,.,.., CauDeil- men Bitter, Couchman, Mold.. bauer, Pregler- Naya - Noaa. April 2, II1'ro Honorable Mayor and Members of the City C-C¡l IfirdI)' anyone questions the fact !bat Cil)' Hell is a building widch haz ardùtectural and I1iRœicaI significaaee. Seven! facts have c- to ligilt siaee 1 last taIlœd to you about the desirabilit,)' of --tioa so that third flow could be put to ue aDd 80 that fint and -.I floor could be more effecti..ely used. We could find DO record of the "1IfhyY" of the decision of the 1981 Cit,)' Council to loeste the 1I1UIIki- pal court in the Fischer BkIg. So I called eacIt of the œuncilmen of that ,...,.- Robert Borgen now lives in IUe!unond, VL bat I aUod Idm eIsa. Sewrat .-tionad that tIisea- slons bad started on the 1>C*ibiIity of a Cit,)'-Counl)' building. This dis- couraged putting a lot of money into the present City Hall. City p1amling was sWl in the City Hall. The EDg!neerin¡ de port men t would haye to bave been moyed aDd tJlere aùnp1:v w.. DOt -aIk Regular Session April 6, 1970 room 'in Cil)',HalL They also quest. ioned the soundness of the build- ing. The Fischer Building had ade- quate space and Was willing to meet the needs of the municipal court. The attorneys preferred the dowtown location. Mâny different conditions exist 1Dday. We are diSCUssing the feas- Ibility of the joint COunty-Cil)' law enforcement c en t e r. Presently some 3,400 square feet of city hall is being used for law enforcement. The City Planning and Zoning of- fice and the Urban Renewal office are renting from the Fischer Bldg. The building Commission's office Is now located in temporary quar- ters outside the Cil)' HaIl. 1 would like to propose that we once again consider renovation of Cil)' Hall with the idea of either moving the municipal court to third floor or leaving the munloi- pal conrt where it is and moving the Bnilding COmmission, the Planning and Zoning office and the Urban Renewal office into City I Hall where they belong. Renovation at this time would in no way preclude the possibilil)' of new quarters at some time in the future. It would make the pre- sent' faci1it,)' usable for some other putpose, if and when new quarters were feasible. 10 the meantime it would giye us a facility of which we could all be justly proud and one whieb no other ell)' in the country eould boast. Respectfuny submitted, I WI7De A. Moldenhauer D.D.S. Cll)' Councilman Councilman Coucl1man moved that the communication be receiv- ed and made a matler of record, and the City Manager approach general suggeStions in the letter both as to feasibility from the functional operation of Cil)' GOY- emment and the use of space. Sec- I onded by COuncilman Molden- hauer. Carried by the foUowing Yote; Yeas - M8)'Or Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler- 'Nays-None. Communication of Dubnque Sym- phony' Orellestra Auxiliary an- nouncing their pro- for the twelfth consecutive - by åav- ing a ticket drive April 16 throngh May 3, 1970 and requesting the period be designated as "Dubuque Symphony Orchestra Time", pre- sented and read. Mayor Meyers moved that the eommunication be received and filed and the period of April 16 thru May 3, 1970 be proclaimed as requested. Seconded by Councilman Pregler. Carried by the fOllowing yote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. NaYS-None. March 26, II1'ro Honarable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a propsal to reclassify from Single Fsmily to Multiple Family, property described as Lot A of Block 10 and Lot 16 of Block 11 aU in the plat of Block 10 and 11 in Sunrise Heights Subdivision, all in the City of Dubuque, Iowa. This property lies on the south side of Thirty-second Street and Is a Part of Suurise Heights Subdivision. Ac- cess to the proper!)' will be from Wildwood Drive which wiII inler- sect with Thir!)'-seeond Street. This proposal conforms with the approved plat and the general plan- ning for this area. It is the recom- mendation of the Planning and Zoning COmmission that the pro- posal be approyed. Respectfully submitted. CITY PLANNING AND ZONING COJOlISSIoN DonGiIson Cil)' Planner COuncilman Pregler moYed ap- proval of the recommendation and that same be referred for proper proceedings. Seconded by MaYOr Meyers. Carried by the folIowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, lIIDJdeJ). hauer, Pregler- Nays - None. Ilareh 13, .U170 Hon. ..,. .. Cil)' Council On January 8, mo. Loras E. Hartmea, filed claim against the Cil)' in the amount of $52.24 claim- ing damages to his ftbicle as the result of atriting a rock in the street on Dodge Street ..1Ion the sbet hJter-. "jth Booth "'h 119 Regular Session April 6, 1970 allegedly occurred on December men Bitter, Couchman, Molden- 23, 1969 at 5:00 o'clock p.m. hauer, Pregler. I have made an investigation of Nays-None. said claim and have reviewed pert- Notice of claim of Gerald Nau- inent law and find that there is no mann, in the amount of $50, for ex- actionable negligence on the part pense incurred as the result of a of the City of Dubuque and there- sanitary sewer back-up at 2560 fore recommend that said claim be Pearl Street on March 23, 1970, denied. presented and read. Councilman It is the law of this state that a Couchman moved that the notice of municipal govemm.ent must have claim be referred to the City So- received actual notice or construc- licitorfor investigation and report. tive notice of the existence of an Seconded by Mayor Meyers. Car- alleged defective condition and a ried by the following vote: reasonable time within ,,:hich to Yeas-Mayor Meyers, Council- correct any alleged defective eon- men Bitter Couchman Molden- dition after actual notice thereof or hauer Pregìer. ' constructive notice thereof and, ac- NaÝs-None. cordiogly, this !,laiman~'~ state,!,ent Notice of claim of Ecko Mennen states that sOld conditlOn exISted Jr., in the amount of $150. for ex- as of December 23, 19.6~ and his pense and damage incurred as the contact with said eondltion occur. result of a sanitary sewer back-up red I?~ember .23, .1969. at 2286 St. John Drive on March 31, .OngInal claIm IS returned here- 1970, presented and read. COunclI- wIth. . man Couchman moved that the no- Respectfully submItted, tice of claim be referred to the City ~:t~'A~~s:: Solicitor for investigation and re- I 0 ey port. Seconded by Mayor Meyers. Mayor Meyers ~oved approval of Carried by the following vote: the re!,ommendatlon. Secon~ed by Yeas-Mayor Meyers, Councll- Councllma~ Couchman. Corned by men Bitter Couchman Molden- th'ir:~~~.:~~g:ot~ C il hauer, PregÍer. ' men Bitter; ';;ouc~~~, ;~~~n: Nays-None. hauer, Pregler. Notice of Claim of Helen Rup- Nays-None recht, in the amount of $10,000 for Notice of cialm of Mrs. Myrtle personal in!urie~ received in a f~ Chapman, in an undeterroined on Kresge s SIdewalk on Mam amount, for personal injuries re- Street, on September 12, 1969: pre- ceived in a fall at !be corner of sented and read. Councilman 22nd and Central Avenue on De- Couchman moved that the notice cember 2, 1969, presented and read. o.f .claim b~ refer,red.to the City So- Councilman Couchman moved that hcltor for Investigation and report. the notice of claim be referred to Seconded by Mayor Meyers. Car. the City Solicitor for investigation ried by the following vote: and report. Seconded by Mayor Yeas;- Mayor Meyers, Council. Meyers. Carried by the following men BItter, Couchman, Molden- vote: hauer, Pregler. Yeas-Mayor Meyers, Council- Nays-None. men Bitter, Couchman, Molden- Notice of claim of Mrs. Sally hauer, Pregler. Gl7Dn, in the amount of $26.00, for Nays-None. expense incurred as the result of Notice of claim of Kenneth R. being forced to confine her dog VanderMeulen of 1535 Alta Vista, which was wrongfully identified by in the amount of $150. for sidewalk a child who was hitten by a dog, and terrace damage as the result presented and read. COuncilman of tree removal in the Dutch Elm Couchman moved that the notice removal program, presented and of claim be referred to the CIty read. Councilman Couchman mov- Solicitor for inyestigation and reo ed that the notice of claim be re- port. Seconded by Mayor Meyers. ferred to the City Solicitor for In- Carried by the following vote: vestigation and report. Seconded Year......:4ayor Meyers, CounclI- by Mayor Meyers. Carried by the men Bitter, Couchman, Molden- following vote: hauer, Pregler. Yeas-Mayor Meyers, COuncil- Nays--None. 120 Regular Session April 6, 1970 121 April 3, 1970 Honorable Mayor and City COunclI The matter of preParing an Or- dinance for !be closing of Allison- Heoderson Park pursuant to peti- tion Was referred to me and ac. cordingly, I am returning herewith proposed form of ordinance. Request is herewith made for ad- ditional time on which to report on I8id ordinance as relates to perti- nent law and alternatives that may be suggested. I will be attending a seminar in Washington, D.C. on this subject matter and will haYe my report in your hands by a week from this date and, subject to your Pleasure, I will be prepared to discuss the same at a meeting on the 13th of APril. 1970. 10 the interim, it is respectfully requested that no action on !be enclosed ordinance be taken until you have the report yoU ordered. RespectfUlly submitted, R. N. Russo City Attorney CounctIman Couchman moved that we respect the wishes of the City Attorney and that discussion on the matter be held now due to !be large assembly present, how. eYer would stilI like to hear from the City Attorney personal1y. Sec- onded by COuncilman Pregler. Car. rled by the following vote: Yeas - Mayor Meyers, CounclI- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. Counc11man Couchman moved that the rules be SUSpended In or. der to let anyone present address !be CounctI if they so desire. Sec. onded by COuncilman Pregler. Car. ried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. The' Council Chambers overflow- ed into the haIl and many points were bronght out relative to the proposed hour closing of Allison- Henderson park. The poi n t s brought out at the hearing were not new and OPPOnents to the pro- POsed closing time for the Allison- Henderson Park were of the opin- Ion it could not be enforced. After a lengthy discussion Coun- oi1man Moldenhauer moved that the City Solicitor be instructed to prepare an, alternate to consider an amendment to Ordinance No. 24-69 adding a subsection c to Sec- tion 30 stating that Allison-Hender- son Park shaII be closed from 11:00 P.M. to 7:00 A.M. daily. Seconded by Councilman Bitter. Vote on the motion was as follows: Yeas - Councilmen Bitter, Mol- denhauer. Nays - Mayor Meyers, CounclI- men Couchman, Pregler. MOTION LOST. Councilman Pregler moved that the Ordinance lie on the table and specifiCaIIy be brought back next week. Seconded by Councilman Bit- ter. Carried by tile folloWing Vote: Yeas - Mayor Meyers, Council- men Bitler, Couchmao, Molden- hauer, Pregler. NaYS-None. Petition of Armed Forces Day Committe requesting permission to conduct a parade on May 14, 1970, presented and read. Counc11man Pregler mOVed that the petition be approved and referred to the Cil)' Manager for implementation. Se- conded by Councilman Bitler. Car- ried by tile following vote: Yeas - Mayor Meyers, Council- men Bitter, COuchmao, Molden- hauer, Pregler. Nays-None. Petition of Ed. J. Stoltz et al, all residents of Ridgeway Avenue, re- questing seal coating of Ridgeway from Born Ave. to Missouri Street presented and read. Mayor Meyers moved that the petition be refer. red to the City Manager and staff. Seconded by Councilman Bitter. Carried by the fOIIOwing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of Mrs. Robert Heister et ai (11 signers) requesting re- actiyation of the alley running west from the 1400 block of Glen Oak north to Vernon Slreet, pre- sented and read. Mayor Mèyers moved that the petition be refer- red to the Cly Manager and staff. Seconded by Councilman Couch- man. Carried by the following yote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. NayS-None. l22 Regular Session April 6, 1970 petition of Earl C. Davis et al (4 signers) requesting relief of a I draina¡¡e problem caused by run- off storm water from Luther Ma- nor and the west side of St. Anne's Driye, presented and read. COuncil. man Couchman moyed that the pe. tition be referred to the Cil)' Ma- nager and staff for investigation and report. Seeonded by council- man Bitter. Carried by the foIlow- ing yote: Yeas - Mayor Meyers, COunclI- men Bitter, Couchman, Molden- hauer, Pregler. Naya - None. Petition of Schlitz Deyelopment ~r:,:~o~rer¿~:~g J~~~~~ ! ground wiring at eight different locations In Sunset park, present- ed and read. Councilman Pregler moved approval of the petition eontingent upon approyal of the Cil)' Manager and Electrical 10-, spector. Soeonded b)' Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men, Bitter, COuchman, Molden- hauer, Preglet'. Nays-None. Petition of Roger B. Cox re- questing rezoning of Lot 2 and the Sly. 8.33' of Lot 3 of M. L. 178 from the present classification to Two FsmiIy Residence District Classifi- cation, presented and read. Mayor Meyers moved that the petition be referred to the Planning 8< Zoning Commission for Investiga- tion and report. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of Patrick G. Gross re- questin¡¡ vacation of a portion of a platted aIley abuttin¡ Lot S2 of C" A. Voelker Addn. off Paul Street, presented and read. Mayor Meyers moved that the petition be refer- red to the Planning 8< Zoning COm- mission for investigation and re- port. Seconded by Councilman Pre¡ler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, CouchmaD. Molden- hauer, Pregler. Nays-None. Petition of Dubuque Advisory Commission requesting considera- tion of the contents of their reso- lution urging the Cil)' to adopt an Ordinance to demand a land deye- loper to set aside apP<'oximateIy ten per-cent in Subdivisions for park purposes, presented and reed. Councilman Couchman moYed that the petition be referred to the Planning & Zoning Commission for investi¡¡ation and report. Second- ed by councilman Pregler. Car- ried by the following yote: Yeas - Mayor Meyers, Conncll- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Dubuque Citizens Commission requesting the estab- lishment of a Youth Advisory COm. mission to research youth needs, job opportunities, youth activities etc., presented and read. COuncil- man Pregler moved that the peti. tion be referred to the Council and the Manager be directed to call a meeting with the appropriate agencies. Soeonded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council. men Bitter, Couc\lJlUm, Molden- hauer, Pregler. Nays - None. Mr. Chip Murray of 18'70 Lom- bard, president of the Youth COun- cil was opposed to the idea of the establishment of another Youth COmmission. He was of the opinion that the Youth CounclI have fur- nished many activities and have been very auccessfuL Petition of C. George BIasi re- questing that a study be made of the unpleasant eonditlons as the result of many unfinished ¡lema of construction in and around Oak Brook subdivision, presented and read. Mr. C. George BiaSi. addreSs- ed the Council In behalf of hiape- tition. Councilman Bitter moved that the petition be referred to the ClI)' Engineer for Investi¡ation and report. Seconded by CounclIman Couchman. Carried by the follow. ing vote: Yeas - Mayor Meyers, CounclI- men Bitter, couchman, :a.IoldeÀ- hauer, Pregler. Nays-None. Petition of Leo B. GrU8 request- Ing a refund of $50, on the unex- pired portion of ClaseB Beer Lt- Regular Session April 6, 1970 cause No. 69, as he has discon- FINAL ESTIMATE tinued business on March 26, 1970, RESOLUTION No. 12-70 presented and read. COuncilman WHEREAS, the contract for the COuchman moved that the refund reconstruction of the HEEB be granted and the Auditor in- STREET RETAINING WALL has structed to issue proper warrant. been completed and the City En- Seconded by Mayor Meyers. Car. gineer has submitted his final es- ried by the fOllowing yote: timate shoWing the cost thereof Yeas - Mayor Meyers, Council- including the cost of estimates, no- men Bitter, Couchman, Molden- tices, inspection, and preparing the hauer, Pregler. assesment and plat, now therefore, Naya - None. BE IT RESOLVED, by the City Petition of Leo B. Grass request- COuncil of Dubuque, ing a refund of $25. on the unex. That the cost of said improve. pired POrtion of Cigarette license ment is hereby determined to be No. 96, as he has discontinued hus- $16,460.00. iness on March 26 1970, P<'esented That none of the cost thereof and read. CounciÌman COuchman shaI1 be assessable upon private moved that the refund be granted property and $16,460.00 shall be and the Auditor instructed to is. paid from the Road Use Tax Fund SUe proper warrant. Seconded by of the City of Dubuque. Mayor Meyers. Carried by the fol. Passed, adopted and approved lowing vote: this 6th day of April 1970. Yeas - Mayor Meyers, CounclI- Donald R. Meyers men Bitter, Couchman, Molden. Mayor hauer, Pregler. Walter A. Pregler Nays - None. Wayne A. Moldenhauer Petition of LoUis J. Winkler reo Gaylord M.. Couchman questing a refund of $25. on the Joseph J. Bltter. unexpired portion of cigarette li- Councilmen cense No. 236, as he has discon- Attest: tinued business on October 7, Leo. F. Frommelt 1969, presented and read. CounclI- Cll)' Clerk man Couchman moYed that the pe- COucilman Pregler moYed adop- tition be granted and the Auditor tion of the resolution. Seconded Instructed to issue proper warrant. by Mayor Meyers. Carried by the Seconded by Mayor Meyers. Car- fOllowing vote: ried by the following yote: Yeas - Mayor Meyers, COuncil- Yeas - Mayor Meyers, COuncil- men Bitter, Couchman, Molden- men Bitter, Couchman, Molden- hauer, Pregler. hauer, Pregler. Nays - None. Nays - None. RESOLUTION No. 73-10 March 30, 1970 WHEREAS, the contract for the To the Honorable Mayor reconstruction of the: HEED and Cil)' Council STREET RETAINING WALL has The reconstruction of the Heeb been eompleted and the City Mana- Street Retaining Wall has been ger has examined the work and completed in accordance with the filed his certificate stating that the plans and specifications by the same has been completed aceord- William Beeker and Sons Stone ing to the terms of the contract, Company of Dubuque, Iowa. plans and specifications and re- I recommend the Improvement commends its acceptance, now be accepted. therefore, Respectfully submitted, BE IT RESOLVED, by the CIty Gilbert D. Chayenel1e Council of the Cil)' of Dubuque, Cil)' Mlnager that the recommendation of the Mayor Meyers moYed approval CIty Manager be approved and that of the reCOmmendation. Seconded said improvement be and the same hy Couneilman Pregler. Carried by hereby accepted. the following vote: BE IT FURTHER RESOLVED, Yeas - Mayor Meyers, Council- that the ClI)' Treasurer be and he men Bitter, Couchman, Molden- Is hereby directed to pay to the hauer, Pregler. contractor from the Road Use Tax Nays - None. Fund. 123 Regular Session April 6, 1970 CITY COUNCn. OF THE CITY OF DUBUQUE, IOWA: SECTION I. That the recommen- dation of the City Manager be ap- proved and that said work be and the same is hereby accepted. Passed, approved, adopted this 6th day of April, 1970. Donald A. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter COuncilmen 124 Passed, adopted and approved this 6th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt ClI)' Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. March 31, 1970 To The Honorable Mayor And Cil)' Council Dore Wrecking Company of Kawkawlin, Michigan, has comple- ted the demolition and removal of various structures and other site Urban Renewal Project in accor- dance with the terms of Demoli- tion Contract No. 1-69. I recommend that the work he accepted. Respectfully submitted: Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 74-70 ACCEPTING WORK PERFORMED UNDER DEMOLITION CON- TRACT No. 1-69 FOR THE DOWN- TOWN URBAN RENEWAL PRO- JECT, IOWA R-15 WHEREAS, Demolition Contract No. 1-69 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 Attest: Leo F. Frommelt Cil)' Clerk Mayor Meyers moved adoption of the resolution. Seeonded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of receipt of proposals for construction of John F .Kennedy Road Sanitary Sewer from Spring Valley Road to West 32nd Street- West side, presented and read. Mayor Meyers moved that the proof of publication be received and filed. Seconded by Council- man Couchman. Carried by the fol. lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. April 2, 1970 To the Honorable Mayor and Cil)' CounclI Pursuant to your instructions, sealed bids were received until 10:00 A.M., Thursday, April 2, 1970, for the construction of the John F. Kennedy Road Sanitary Sewer West Side from Spring Val- ley Road to West 32nd Street. The low bid was submitted by Tschiggfrie Excavating of Dubu- que, Iowa. Their bid was 18.1 % under the Engineer's estimate. I recommend that the contract for the improvement be awarded to Tschiggfrie Excavating of Du. buque, Iowa. Respectfully submitted, Gilbert D. Chavenelle Cil)' Manager Regular Session April 6, 1970 Mayor Meyers moved approval of the recommendation. Seconded by 'Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (Awarding Contract) RESOLUTION No. 75-70 WHEREAs, sealed proposals have been submitted by contrac- tors for the JOHN F. IŒNNEDY SANITARY SEWER - WEST SIDE from Spring Valley Road to West 32nd Street pursuant to Resolution No. 46-70 and notice to bidders published In a newspaper publish- ed in said Cil)' on March 11, 1970 and March 18, 1970; and WHEREAs, said sealed propo- sals were opened and read on April 2, 1970, and It has been de- termined that the bid of Tschigg- frie Excavating of Dubuque, Iowa in the amount of $9,257.40 was the lowest bid for the furnishing of all labor and materials and perform- Ing the work as provided for in I the plans and Specifications; now therefore, BE IT RESOLVED by the Cil)' Council of the Cil)' of Dubuque that the contract for the above mentioned Improvement be award- ed to Tscbiggfrie Excavating 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. I BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the CII)' Treasurer Is authorized and instructed to re- turn the b;d deposits of the unsuc. cessful bidders. Passed and adopted this 6th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moYed adoption of the resolution; ,Seconded by COuncilman Couchman. Carried by the folIowing "ote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Urban Renew- al submitting a resolution adopted by the Planning '" Zoning Commis- sion approving that the Main Street PedeS!rianway in the Urban Re- newal Project Iowa R-15, is an ap- propriate use, presented and read. Councilman Bitter moved that the communication be received and fil. ed. Seconded by Mayor Meyers. Carried by the following yote: Yeas-Mayor Meyers, COuncil- men Bitter, COuchman, Molden- hauer, Pregler. NaYS-None. RESOLUTION NO. 70-1 Rey/ewlng the proposed Mlln Street pedestrllnwlY In connec- tIon with the Downtown Uran Renewa' Prolect, lowl R-15 WHEREAs, under date of Febru- ary 16, 1967, the Dubuque Planning and Zoning Commission adopted Resolution No.2 which found and determined that the Urban Renew- al PIan for the Downtown Urban Renewal Project, Iowa R-15, con- formed to the general plan for the development of the City of Dubu- que, Iowa, as a whole; and WHEREAS, on said February 16, 1967, there was submitted, among other documentation, in connection with the said Urban Renewal Plan, Proposals for installing a Main Street Pedestrianway; and WHEREAs, Section 373.10 of the Iowa COde, as amended to date, provides, among other things, that no public improvement shall be erected until and unless the design and proposed location of any such improvement shall 'have been sub- mitted to the City Planning Com- mission, and its recommendations thereon obtained; and WHEREAs, there have been sub- mitted to the Dubuque City Plan- ning and Zoning Commission the final design and proposed location of the Main Street Pedestrianway; now therefore BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF DUBUQUE, IOWA: SECT/ON I. That based upon an analysis and review of the design and location plan of the Main 125 126 Regular Session April 6, 1970 Street Pedestrianway for the Down- town Urban Renewal Project R-15, it is hereby found and determined that the said Main Street Pedes- trianway is an appropriate use both as to design and location. Passed, approved and adopted this the 4th day of February, 1970. Frank J. GIab, Secretary Pianoing and Zoning Commission, Clt)' of Dubuque, Iowa Mayor Meyers moved that the resolution be made a matter of rec- ord. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas-Mayor Meyers. Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 7r.:10 Preliminary approval of propos- ed plans, specifications, form of contract, plat, and all other docu- ments for construction of MAIN STREET PEDESTRIANWAY- DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 SECTION 1 - GENERAL CONTRACT in the area of the proposed right-of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the proposed right- of-way of Eighth Street from ap- proximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street, at an estimated cost of $682,020.40, presented and read. Councilman Couchman m 0 Y e d adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays--Councilman Moldenhauer. (NECESSITY FOR IMPROVEMENT> RESOLUTION NO. 77.70 WHEREAS, proposed p I a n a, specifications, and form of contract have been duly prepared and ap- proved by the City COuncil of the City of Dubuque, Iowa, and are now on file in the office of the CIty Clerk showing among other things the following: (1) The pian of such improve- ment (2) An estimate of the cost of the improvement for the MAIN STREET PEDESTRIANWAY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the Cit)' of Dubuque. Iowa Section I - Generel Contrlct SECTION I Gonerll Contract in the area of the proposed right- of.way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the pr0- posed right-of-way of Eighth Street from approximately the em curh line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street. BE IT THEREFORE RESOLVED that the Cit)' CounclI on its own motion, deems it advisable end nec- essary for the public' welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion haye on file with the City Clerk, objections to the amount of the cost of the improyement, they sha1I he deemed to have waived all objections thereto. Said improvement' shall he con- structed and done in accordance with the plans end specifications which have been approved by the City Council and are now on tile with the Cit)' Clerk. That the cost and expense of making said im- provement wi1I be paid from such funds of the City as may be legally used for such purposes. The above resolution was intro- duced, approved and ordered plac. ed on file with the Cit)' Clerk this 6th day of April, 1970. ApproYed and p!aœd on file for final action. APPROVED: Donlld R. Meyers Mayor Waller A. Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter CounclImen Attest: Leo F. Frommelt Cit)' Clerk Regular Session April 6, 1970 JZ1 Counc11man Couchman moved approyal of !be resolution. Second. ed by Councilman Bitter. Carried by the following yote: Yeas-Mayor Meyers, COuncil- meII Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Passed, adopted and approved this 6th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitler Councilmen (FIXING DATE OF HEARING) RESOLUTION NO. 71-70 WHEREAS, the City Council of !be CIty of Dubuque, Iowa, has giv- en its preliminary approyal on the proposed plans, specifications, and form of contract and placed same on file in the office of the Cit)' Clerk for pnblic inspection for the MAIN STREET PEDESTRIANWAY DOWNTOWN DRBAN RENEwAL PROJECT IOWA R-15 in the Cit)' of Dubuque, Iowa SECTION I General Contract in the area of the proposed right- I of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the propos- ed right-of-way of Eighth Street from approximately the east curb line of Locust Street to the west curb, line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west proper!)' line of the alley east of Main Street. BE IT THEREFoRE RESOLVED that on the 20th day of April, 1970, a public hearing wi1I be at 7:30 P.m. in the COunclI Chamber of the I City of Dubuque at which time the objectors for the proposed improye- ment may appear and make objec- tion to the Proposed plans and Specifications, form of contract and ens! of said improvement, and the City Clerk be and be is hereby di- rected to cause a notice of time and 'place of such hearing to be puh1ished in some newspaper pub- lished in the Cit)' of Dubuque, Iowa, which sha1I be not less than ten (10) days prior to the day fixed for its Consideration, and the City Clerk be 'and he is hereby directed to haye published the notice of pendency for said improvement, and the Cit)' Clerk is hereby direct. ed to advertise for proposals to !be contractors for the construction of the above lnelltioned Improvement. Attest: Leo F. Frommelt Cit)' Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 79-70 Preliminary approval of propos- ed plans, specifications. form of contract, plat, and all other docu- ments for construction of MAIN STREET PEDESTRlANWAY, DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15, SECTION IT -ELECTRICAL CONTRACT in the area of the proposed right-of-way of Main Street from the south curb line of Ninth Street to !be new south right-of-way line of Seventh Street and also the Proposed right- of.way of Eigbth Street from ap- proximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right.of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street, at an estimated cost of $184,685.95, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (NECESSITY FOR IMPROVEMENT) RESOLUTION NO. 80-70 WHEREAs, proposed plans, specifications, and form of con- tract have been duly prepared and approved by the at)' COuncil of the Cit)' of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: Regular Session April 6, 1970 (1) The plan of such improve- Councilman Moldenhauer moved ment approval of the resolution. Second- (2) An estimate of the cost of the ed by ,CounclIman Couchman. Car.. improvement for the ried by the following vote: MAIN STREET PEDESTRIANWAY Yeas-Mayor Meyers, Council- DOWNTOWN URBAN RENEWAL men Bitter, Couchman, Molden- PROJECT IOWA R-15 hauer, Pregler. in the City of Dubuque, Iowa Nays-None. Ele:t~~~:~"":ract (FIXING DATE OF HEARING) in the area of the proposed right- RESOLUTION ~O. 81-70 . of-way of Main Street from the WHEREAS, the CIty CouncIl of south curb line of Ninth Street to the CIty of Dubuque, Iowa, has glv- the new south right-of-way line of en its preliminary approYal on the Seventh Street and also the propos- proposed plans, specifications, and ed right-of-way of Eighth Street form. of .contract ~d placed su,ne from approximately the east curb on fIle m th~ ~ffice of the CIty line of Locust Street to the west Clerk for public inspection for the curb line of Iowa Street and the MAIN STREET PEDESTRIANWAY proposed right-of-way of Seyenth DOWNTOWN URBAN RENEWAL Street from approximately the east . PRO~ IOWA B-15 curb line of Locust Street to the In the CIty of Dubuque, Iowa west property line of the alley east SECTION II of :;i;;, S~ORE RESOLVED. Electricil Contrlct . that the City CounclI on its own m the area of. the proposed nght- motion, deems it advisable and nee- of-way of ~am Str~et from the essary for the public welfare to south curb line ?f NInth S~et to make the herein mentioned im- the new south nght-of-way line of provement, and unless property Seve~th Street and also the propos- owners at the time of the final con- ed nght-of-'!ay of Eighth Street sideration of this proposed resolu- from approXImately the east curb tion have on file with the City lme o~ Locust Street to the west Clerk, objections to the amount of curb lme ~f Iowa Street and the the vost of the improvement, they proposed nght-of-w.ay of Seventh shaH be deemed to have waived all Street .from approXllDately the east objections thereto. curb hne of ,,?cust Street to the Said improvement shall be con. west ~roperty lme of the alley east structed and done in accordance of Mam Street. with the plans and specifications BE IT THEREFORE RESOLVED which have been approyed by the that on the 20th day of April, 1970, City Council and are now on file a public hearing wili be at 7:30 with the City Clerk. That the cost p.m. in the Council Chamber of the and expense of making said im- City of Dubuque at which time the provement will be paid from such objectors for the proposed im- funds of the Cit)' as may be legally provement may appear and make used for such purposes. objection to the proposed plans and The above resolution was intro- specifications, form of contract and duced, approved and ordered plac- cost of said improvement, and the ed on file with the City Clerk this City Clerk be and he is hereby di- 6th day of April, 1970. rected to cause a notice of time and Approved and placed on file for place of such hearing to be publiah- final action. ed In some newspaper publiahed in Approved: the Cit)' of Dubuque, Iowa which Donald R. Meyers shalI be not less than ten (10) days Mayor prior to the day fixed for its con- Walter A. Pregler sideration, and the Cit)' Clerk be Wayoe A. Moldenhauer and he Is hereby directed to have Gaylord M. Couchman published the notice of pendency Joseph J. Bitter for said improvement, and the City Councilmen Clerk is hereby directed to adver- tise for proposals to the contrac- tors for the construction of the above mentioned improvement. 128 Attest: Leo F. Frommelt City Clerk Regular Session April 6, 1970 129 Passed, adopted and approved this 6th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 82.70 WHEREAS, the Cit)' CounclI of the City of Dubuque, Iowa has ex- lmined the feasibility of the idea of a joint CltY.CountY-Law Facilit)' BOd that the City of Dubuque should proceed to enter into a study and planning of such joint law enforcement facility; NOW THEREFoRE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sect'on I. That the Cit)' Council of the City of Dubuque, Iowa be and it does hereby gO formaHy on record as being in favor of a joint Clty-County Law Enforcement Fa- cility and to that end appropriate studies and planning thereof should be made and further, that the City I Manager be and he is hereby auth- orized and directed to take any and all necessary steps to outline for the Clt)' Council the necessary in- itial steps to proceed in the direc- tion herein outlined. Passed, approved and adopted this 6th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer I Gaylord M. Couchman Joseph J. Bitter Councilmen Years-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. April 6, 1970 To the Honorable Mayor I hereby submit the attached sheet No. I inclusive showing a schedule of the proposed valua- tions and assessments for the Cit)' of Dubuque 1970 CONCERTE CURB AND GUTTER PROJECT NO.1 Submitted April 6, 1970. John L. White City Engineer Councilman Pregler moved that the communication be received and filed. Seconded by CounciImao Bitler. Carried by the follOWing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 83-70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: SECTION I. That the attached sheet No.1 is hereby determined to be the schedule of proposed as- sessments for the City of Dubuque 1970 CONCRETE CURB AND GUT- TER PROJECT NO.1 and the Ya- luations set out therein are here- by approved. Adopted this 6th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt- Ion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: 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 Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. RESOLUTION NO. 84-70 Approval of proposed plans, specifications, form of contract, plat and all other documents for the construction of CITY OF DU- BUQUE 1970 CONCRETE CURB - --- 130 AND GUTTER PROJECT NO.1 on the following streets: 1. Locust Street from the S.P.L. of Fourth Street to the S.P.L. of Eighth Street. 2. Pennsylvanis Avenue from the W.P.L. of Lot 2-1-E",-SW"', Sec- tion 21, T. 69 N. R. 2 E westerly to the Corporation limits, at au estimated cost of $88,986.71, pre- sented and read. COunciIJnau Pregler moved that resolution be adopted. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, COuchmao, Molden- hauer, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 85-70 WHEREAS, proposed plaus, specifications, form of contract, plat BUd schedule have been duly prepared and approved by the City COuncil of the Cit)' of Dubuque and are now on file In the office of the Cit)' Clerk showing among other things the following: 1. The assessment limits. 2. The streets to be improved. 3. Tbe width of such improvement, 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the propsed cost of the improvement, stating the same for each different t)'pe of eonstruction and kind of ma- terial to be used. 6. 10 each case the amount there- of which is estimated to be as- sessed against lot, for the CITY OF DUBUQUE 1970 CON- CRETE CURB ... GUTTER PRO- JECT NO.1 1. Locust Street - from the S.P.L. of Fourth Street to the S.P.L. of Eighth Street. 2. Pennsylvanil Avenue - from the W.P.L. of Lot 2 of 1 of E.'" of S.W."', of Section 21 - T. 99N. R.2E. westerly to the Cor- poration Limits. BE IT THEREFORE RESOLVED that the Cit)' COuncil on its own motion or upon petition of proper- t)' owners, deems it adYisable and necessBr)' for the public welfare to make the herein mentioned im- provement, BUd unless property owners at the time of the final consideration of this proposed re- solution haye on file with the CIty Regular Session April 6, 1970 Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. Tbat the cost and expense of making said improvement will be assessed upon and against an privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, propert)' will be assessed whe- ther the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax, Bonds shan be issued BUd sold in anticipation of deferred payments of assess. ment when a contract has been performed and accepted and the proceeds thereof used to pay the eontractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac. ed on file with the City Clerk this 6th day of April, 1970. Approved BUd placed on file for final action. Approved: Donald R. Meyers Mayor Waller A. Pregler Wa7De A. Moldenhauer Gaylord M. COuchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Cit)' Clerk Councilman Couchman moved approval of the resolution. Second- ed by Councilman Bitter. Carried by tbe fonowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (Fixing dote of helrlng) RESOLUTION NO. 86-70 WHEREAS, the CIty Council of the City of Dubuque, Iowa has by Resolution No. 84-70 given Its pre- Regular Session April 6, 1970 !lminary approval on the proPOSed plans, specifications and form of contract and placed same on file 10 the office of the City Clerk for pnblic inspection, for the CITY OF DUBUQUE 1970 CON- CRETE CURB ... GUTTER PRO- JECT NO.1 BUd, WHEREAs, the proposed Resolu- tion of Necessity for said Improve- I ment has been introduced and is now on file in the City Clerk's Of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 4th day of May 1970, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the COuncil Chamber in the City of Dubuque at which time the owners of pro- perty subject to assessment for the proposed Improyement may appear I and make objection to the propos- ed plans and specifications and proPOsed form of contract and at the same time to the boundaries of the ProPOsed district to the cost of the Improyement, to the amount Proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the Cit)' Clerk be and he is hereby directed to cause a notice I of the time and place of such hear- ing to be pubilshed in some news- paper published in the city of Du- buque, the last of which shan be not less than two (2) nor more thin (4) weeks Prior to the day 1Ixed for Its consideration and un. less property owners at the time of final col1S.ideration of said re- solution have on file with the Clerk objections to the amount of the I proPOsed assessment, they shall haye been deemed to haYe waived all objections thereto, at which hearing the Council win hear such objectionl and enter on reœrd its flnel decision thereon. Passed, adopted and approved this 8th day of April, 1970. Donald R. Meyers Mayor Waller A. Pregler Wa7De A. Moldenhauer G8)'i0rd 11(. Conchman Joseph J. Bitler Councilmen Attest; Leo F. FrommeJt Cit)' Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the folIowing vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. April 6, 1970 To the Honorable Mayor and Cit)' COunclI I hereby submit the attached sheets No.1 to 23 inclUsive show- ing a schedule of the proposed Yaluations and assessments for the Cit)' of Dubuque 1970 HOT MIX- HOT LAID ASPHALTIC CONC RETE PAVING PROJECT NO.1. Submitted April 6, 1970. John L. White CIty Engineer Councilman Bitter moved that the communication be receiYed and filed. Seconded by Councilmao Pre- gler- Carried by the fOllowing Yote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 87.70 BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: SECTION I. That the attached sheets No.1 to 23 inclusive are hereby determined to be the sche- dule of propOSed assessments for the Cit)' of Dubuque 1970 HOT MIX-HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT NO.1 and the valuations set out therein are hereby apProved. Adopted this 6th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moyed adop- tion of the resolution. Seconded by COuncilman Couchman. Carried by the fonowing vote: Yeas - Mayor MeYers, Council- men BItter, Couchman, Molden- hauer, Pregler. Naya - None. 131 RESOLUTION NO. 88-70 Preliminary Estimate and ap- proval of proposed plans specifi- cations, form of contract, plat and all other documents for the con- struction of CITY OF DUBUQUE 1970 HOT MIX-HOT LAID' ASP- HALTIC CONCRETE PAVING PROJECT NO.1 on the following named streets; 1. Asbury Road - Maintenance patching near Woodlawn Ioter- section. 2. Control Avenue - from the N.P.L. of Ninth Street to the N.P.L. of Lot 2 of Lot 2 of Mineral Lot 363. 3. South Grlndvl- Avenue - S.P.L. of Kerrigan Itoad to the south end of the street. 4. John F. Kennedy Road - from the N.P.L. of Pennsylvania Ave- nue to the S.P.L. of Asbury Itoad. 5. Locust Street - from the N.P.L. of 4th Street to the N.P.L. of 10th Street. 6. Ninth Street - from the E.P.L. of Locust Street to the E.P.L. of Main Street. 7. Pennsylvlnie Avenue - from the W.P.L. of Lot 2-1-E.'k-S.W.'Io Section 21-T.89 N. R. 2E. west- erly to the Corporation Limits. 8. Pennsylvlnll Avenue - Street reconstruction near Westridge Drive. 9. Rhomberg Avenue - from the N.P.L. of Marshall Street to Wis- consin Bridge. 10. Shires Avenue - Replacement west of Ithomberg Avenue Ioter- section. 11. White Street - from the N.P.L. of 4th Street to the N.P.L. of 10th Street in an estimated a- mount of $321,080.56, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. (Necessity for Improvement) RESOLUTION NO. 89-70 WHEREAS, proposed plans, specifications, form of contract, Regular Session April 6, 1970 plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the Cit)' Clerk showing among the things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of such improve- ment, 4. Each lot proposed to be assess- ed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed inIproyement, stating the same for each different type of construction and kind of material to be used. 6. 10 each case tbe amount there- of which is estimated to be assessed against each lot, for the City of Dubuque 1970 HOT MIX. HOT LAID ASPHALTIC CON- CRETE PAVING PROJECTNNO.l 1. Asbury Road - Maintenance patching near Woodlawn Ioter- section. 2. Central Avenue - from the N.P.L. of Ninth Street to the N.P.L. of Lot 2 of Lot 2 of Mineral Lot 363. 3. South Grlndview Avenue - S.P.L. of Kerrigan Itoad to the south end of the street. 4. John F. Kennedy Road - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Asbury Itoad. 5. Locust Street - from the N.P.L. of 4th Street to the N.P.L. of 10th Street. 6. Ninth Street - from the E.P.L. of Locust Street to the E.P.L. of Main Street. 7. Pennsylvenll Avenue - from the W.P.L. of Lot 2-1-E.'k-S.W. '10 Section 21-T.89 N. R. 2E. westerly to the COrporation LImits. 8. Pennsylvlnle Avenue - Street reconstruction near Westridge Drive. 9. Rhomberg Avenue - from the N.P,L. of Marshall Street to Wisconsin Bridge. 10. Shires Avenue - Replacement west of Ithomberg Avenue 10- terseclIon. 132 '"',- Regular Session April 6, 1970 11. White St-t - from the N.P. L. of 4th Street to the N.P.L. of 10th Street. BE IT THEREFORE REsOLVED that the Clt)' CounclI on its own motion or upon petition of proper- t)' owners, deems it advisable and n~essary for the public welfare to make the herein mentioned im. I proyement, and uuless property owners at the time of the final eonsideration of this proposed reo solution have on file with the Cit)' Clerk objections to the amount of the proposed assessments, they shall be deemed to haye waived all objections thereto. Said iinproyement shan be con- I structed and done in accordance With the plans and specifications which have been prepared there. for by the City Engineer which have been approved by the Cit)' Council and are now on flIe with the City Clerk. That the cost and I expense of making said improve- ment wiII be assessed upon and against all privately owned Pro- perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property Will be assessed whether the same abuts thereon or is adjacent thereto ac- I cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be Paid out of the Itoad Use Tax. 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 I of anv street or assessment dis- trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the Cit)' Clerk this 6th day of April, 1970. Approved and placed on file for I final action. Donaid R. Meyers Mayor Walter A Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk' CounclIman, Pregler moved ap- proval of the resolution. Seconded by Councilman Bitter. Carried by the fonowing yote: Yeas - Mayor Meyers, Council- men Bitter, COuchman, Molden- hauer, Pregler. NaYS-None. (Fixing dote of hearing) RESOLUTION NO. 90-70 WHEREAs, the Cit)' Council of the Cit)' of Dubuque, Iowa, has by Resolution No. 88-70 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1970 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1 and, WHEREAs, the Proposed Resolu. tion of Necessit)' for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFoRE REsOLVED that on the 4th day of May 1970, a public hearing Win be held at 7:30 o'clock p.M. D.S.T. in the Council Chamber in the Cit)' of Du- buque at which time the owners of property subject to assessment for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the Clt)' Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consid- eration of said resolution have on file With the Clerk objections to the amount of the proposed assess- ment, they shan have been deemed to haye waived all objections there- to, at which hearing the Council Will hear sUe!¡ objections and en- ter on record its final decision thereon. ' 133 Regular Session April 6, 1970 Gaylord M. COuchman Joseph J. Bitter COuncIlmen Attest: Leo F. Frommelt, Cit)' Clerk COuncilman Bitter moyed adop- tion of the resolution. Seconded by Councilman Pregler. Nays-None. RESOLUTION No. 92-70 Prelimary estimate and appro- vsl of plans, specüications, form of contract, plat, and all other docu- ments for the construction of CITY OF DUBUQUE 1970 BITUMINOUS CONCRETE PAVING PROJECT NO.1 on the following named streets: 1. ElgIe Point Perle - Roadwar 325' Extension. 2. Fenelon PII.. - from the E.P.L. of Burch Street to the E.P.L. of Raymond Place. 3. Kine Streit - from the W.PL. of Carter Road west to !be end of the street. 4. Key Comers - form the W.P.L. of Sharon Drive to the E.P L. of Richie Drive. 5. Keymont Drlye - from the E.P.L. of Key Knolls Subdi- vision to the W.P.L. of Key Knolls subdivision. 6. Key Wey - from the N.P.L. of Pennsylvania to the N.P.L. of Lot 6 Block "A" of Key Knolls Subdivision. 7. Lei Line - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 8. Richie Drive - from the N.P.L. of Pennsylvania Avenue to !be S.P.L. of Key Corners. 9. Sharon Drive - form the N.P.L. of Pennsylvania Ayenue to the S.P.L. of Key Corners. 10. Veterlns Perk Rold - from W.P.L. of Balboa into Veterans Park. 11. Vizll- Drive - form !be N.P.L. of Pennsylvania Avenue to the S.P.L. of Keyman! DriYe. at an estimated amount of $63,314. 98, presented and read. CounclI- man Pregler moyed adoption of the resolution. Seconded by Council- man Bitter. CarrIed by the follow- ing yote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler; Na)'S - None. 134 Passed, adopted and approved this 6th day of April, 1970- Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. COuchman Joseph J. Bitter Councitmen 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 Meyers, Council- men Bitter, COuchman, Molden- hauer, Pregler. Nays-None. April 6, 1970 To the Honorable Mayor and Cit)' Council I hereby submit tbe attaohed shetes No.1 to 3 inclusive showing a schedule of the proposed valua- tions and assessments for the Cit)' of Dubuque 1970 BfTUMINOUS CONCRETE PAVING PROJECT NO.1. Submitted April 6, 1970. John I.. White, City Engineer Councilman Bitter moYed that the communication be received and filed. Seconded by Mayor Mey- ers. Carried by the following vote: Yeas - Mayor Meyers, COuncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 91-70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the attached sheets No.1 to 3 inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1970 BITUMINOUS CONCRETE PAV- ING PROJECT NO.1 and the val- uations set out therein are hereby approved. Adopted this 6th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Regular Session April 6, 1970 135 <_oily for Improvement) RESOLUTION No. 93-70 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City CounclI of the City of Dubuque and are now on file in the office of the Cit)' Clerk showing among other things the following: 1. The assessment limits. 2. The streets to be improyed. 3. The width of such improve- I men!. 4. Each lot Proposed to be assess- ed together with a yaluation fixed by the oounciI. 5. An estimate of the cost of the proposed improvement, stating the same for each different t)'pe of construction and kind of material to be used. 6. 10 each case the amount there- I of which Is estimated to be Issessed against each lot, for the CITY OF DUBUQUE 1970 BITUMINOUS CONCRETE PA. VING PROJECT NO.1. 1. Elgie Point Perk - Roadway 325' Extension. 2. FaMlon PIece - from the E.P.L. of Burch Street to !be E.P.L. of Raymond Place. 3. Kine Street - from the W.P.L. I of Carter Road west to the end of the streeL 4. Key Corners. from the W.P.L. of Sharon Drive to the E.P.L. of Richie Drive. 5. Keymont ..Drlve..- from the E.P.L. of Key KnoUs Subdi- vision to the W.P.L. of Key Knolls Subdivision. 6. Key WlY - from the N.P.L. of Pennsylvania Ayenue to the N.P.L. of Lot 6 Block "A" of Key KnoIls Subdivision. I 7. Lei Lane - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 8. R'chle Drive - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 9. Sharon Driva - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 10. Vetenns Perk Road . from W.P.L. of Balboa into Veterans Park. 11; Via.... Drive - from the I N.P.L. of Pennsylvania Avenue to the &.P.L. of Keymont Driye. BE IT THEREFoRE RESOLVED that the Cit)' Council On its own motion or upon petition of proper- t)' owners, 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 con- sideration of the proposed resolu- tion have On file with the City Clerk objections to !be amount of the proposed assessments, the)' shaI1 be deemed to haye waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifiCltiOns which have been prepared therefor by the City Engineer which have been approved by the Clt)' Council and are now on file with the Cit)' Clerk. That the cost and expense of making said improyement wiIl be assessed upon and against all pri- vately owned property lying with- in assessable distance proYided by law and in an amount not to ex- ceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proPorqon to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax fund. Bonds shail be issued and sold in antici- pation of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment dis- trict shaIl be assessed to and paid by the railway company. The aboye resolution was Intro- duced, approved and ordered placed on file with the City Clerk this 6th day of April, 1970. Approved and Placed on file for final action. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Counc1imen Attest: Leo F. Frommelt Clt)' Clerk 136 Regular Session April 6, 1970 CounclIman Couchman moved Passed, adopted and approved approval of the resolution. Second- this 6th day of April. 1970. ed by COuncilman Bitter. Carried Donald R. Meyers by the following vote: Mayor Yeas - Mayor Meyers, Council- Walter A. Pregler men Bitter, Couchman, Molden- Wa7De A. Moldenhauer hauer,Pregler. Gaylord M. Couchman Nays - None. Joseph J. B¿=Cilmen (Fixing date of hearing) At~:: F. Frommelt RESOLUTION NO. 94-70 City Clerk WHEREAS, the City Council of . the City of Dubuque, Iowa, has by Co~ncllman COuc~an moved Resolution No. 92-70 given its pre- adopl1on of ~e resol~tion. Seeond- liminary approval on the proposed ed by Counc~ BItter. Carried plans, specifications and form of by the foliowmg vote: contract and placed same on file in Yeas :- Mayor Meyers.. Councll- the office of the CIty Clerk for pub- men BItter, COuchman, Molden- lie inspection, for the hauer, Pregler. City of Dubuque 1970 Nays - None. BITUMINOUS CONCRETE April 6, 1970 PAVING PROJECT NO.1 To the Honorable Mayor and, and City COuncil WHEREAS, the proposed Resoll1- I hereby submit the City of Du. tion of Necessity for said improve- buque 1970 CONCRETE PAVING ment has been introduced and is WITH INTEGRAL CURB PROJECT now on file in the City Clerk's of- NO.1.. . lice for public inspection SubmItted April 6, 1970. , John L. White BE IT THEREFORE RESOLVED Clt)' Engineer that on the 4th day of May, 1970, a public hearing will be held at 7:30 Councilman Bitter moved that o'clock p.m., D.S.T. in the Council the communication be received and Chamber in the City of Dubuque at filed. Seconded by COuncilman which time the owners of property Pregler. Carried by the following subject to assessment for the pro- vote: posed improvement may appear Yeas - Mayor Meyers, Council- and make objection to the proposed men Bitter, Couchman, Molden- plans and specifications and pro- hauer, Pregler. posed form of contract and at the Nays - None. same time to the boundaries of the proposed district, to the cost of the RESOLUTION No. 95-70 improvement, to the amount pro- Preliminary Estimate and appro- posed to be assessed against any lot val of plans, specifications, form and to the passage of the proposed of contract, plat and all other do- Resolution of Necessity and the cuments for the construction of City Clerk be and he is hereby di- CITY OF DUBUQUE 1970 CON- rected to cause a notice of the time CRETE PAVING WITH INTEG- and place of such hearing to be RAL CURB PROJECT NO.1 on the published in some newspaper pub- following named streets: lisbed in ~he Cit)' of Dubuque, the 1. Fifth Street from the east curb- last of whIch shall be not less than line of Locust Street to the west two (2) nor more than (4) weeks curbline of Central Avenue. prior to the day fixed for Its con- 2. Fourth Street from the east sideration and unless property own- curbline of Locust Street to the ers at the time of final eonsidera- west curbline of Central Aye- tion of said resolution have on me nue. with the Clerk objections to the 3. Ninth Street from the E.P.L. of amount of the proposed assessment Main Street to the west curb- they shalI have been deemed to line of Central Avenue. have 'Yaived a!l objections thereto, at àn estimated amount of $145, at whIch heanng the Council will 236,79 presented and read hear such objections and enter on MaYor Meyers moved adoption record its final decision thereon. of the resolution. Soeonded by Regular Session April 6, 1970 COuncilman Pregler. Carried by the folIowiog yote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays- None. (Necessity for Improvement) RESOLUTION No. 96-70 I WHEREAs, proposed plans, spe- cifications, form of contract, plat and schedule have been dUly pre. pared and approved by the City COuncil of the Cit)' of Dubuque and are now on file in the office of the City Clerk showiog among other things the fOllowing: 1. The streets to be improved. I 2. The width of such improvement, and the size and kind of sewers. 3. 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 1970 - Con. crete Paving with Iotegral Curb Project No.1: I 1. Fifth St....t - from the East Curbline of Locust Street to the West CurbIine of Central Aye- nue. 2. Fourth Strøt - from the East CurbIine of Locust Street to the West Curbline of Central AYenue. 3. :¡':~inS~=Ú:%': :'~t ~~t I line of Central Avenue. BE IT THEREFORE RESOLVED that the Clt)' COuncil on its motion or upon petition of property own. ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improye- ment, and Unless property owners I at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections, they shall be deemed to have waived all objections there- to. Said Improvement shaH be con- structed and done in accordance With the plans and specifications which haYe been prepared therefor I by the Cit)' Engineer which haYe been approved by the Cit)' Coun- cil and are now on me with the City Clerk. That the cost and ex- pense of making said improvement Will be paid out of the Road Use To: fund. The above resolution was intro- duced, approyed and ordered placed on file with the City Clerk this 6th day of April, 1970. Approved and placed on file for final action. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter COuncilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moYed ap- proval of the resolution. Seconded by Councilman Bitter. Carried by the fOllowing vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. NaYS-None. (F'xlng date of h.lrlng) RESOLUTION NO. 97.70 WHEREAs, the Cit)' Council of the City of Dubuque, Iowa, has by Resolution No. 95.70 given its Pre- liminary approval on the proposed plaos, specifications and form of contract and placed same on file in the office of the Cit)' Clerk for public inspection, for the City of Dubuque 1970 - Concrete Paving With Integral Curb Project No.1 and, WHEREAS, the Proposed Reso- lution of Necessit)' for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 4th day of May, 1970, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property for the proposed im. provement may appear and make objection to the proposed plaos and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the passage of the proposed Resolution of Necessity and the Cit)' Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in Some news- paper published in the city of Du- 137 138 Regular Session April 6, 1970 buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said res- olution have on file with the Clerk objections to the amount of the proposed assessment, they shaH have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approyed this 6th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler move adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 98-70 BE IT RESOLVED by the Cit)' Council of the City of Dubuque, Iowa, that the following having eomplied with the provisions of law relating to the sale of Ciga- rettes and Cigarette Papers with- in said Cit)'. Thompson's Food Markets, 3003 Asbury Street George Sorensen, 1105 University Avenue Kathleen L. Wedig, 1399 Jackson Street BE IT FURTHER RESOLVED that the bonds filed with !be ap- plication be approved. Passed, adopted and approved this 6th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter COunclImen Attest: Leo F. Frommelt Cit)' Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by !be fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 99-70 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 Cit)' of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordioances of the City. CLASS "B" BEER PERMIT Mrs. Josephine Burke, 531 Main Street Carl N. Brant, 2600 Central Avenue Kathleen L. Wedig, 1399 Jackson Street CLASS "C" BEER PERMIT Earl J. McNamara, 1040 Universit)' Avenue John F. Thompson, 3003 Asbury Street Passed, adopted and approved this 6th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Cit)' Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers, Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 100.70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this CO... cil, and WHEREAS, the premises to be occupied by such apnlicants were inspected and fOUDd to com'" with the ordioances of this City and they have filed proper bonds: Regular Session April 6, 1970 NOW THEREFORE, BE IT RE- SOLVED by the City COuncil of the City of Dubuque, Iowa, that the lIfaIIager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Mrs. Josephine Burke, 531 Main Street Carl N. Brant, 2600 central Avenue Kathleen L. Wedig, 1399 Jackson Street CLASS "C" BEER PERMIT Earl J. McNamara, 1040 University Avenue John F. Thompson, 3003 Asbury Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approyed. Passed, adopted and approved I Approved ..................................1970. this 6th day of April, 1970. Donald R. Meyers W~:~. Pregler I Adopted ....................................1970. W8)'De A- Moldenhauer I Gaylord M. Couchman Joseph J. Bitler Councilmen Attest: Leo F. Frommelt Ctt)' Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas - Mayor )feyers, Council- men Bitter, Couchman, Moldenhau- I er, Pregler. NaYS-None. Mayor Meyers presented !be name of N. J. Greteman for reap- pointment to !be Police-Fire Pen- sion and Retirement Board for a 139 four-year term to April 1, 1974. COuncilman Bitter moved for the re-appointment of N. J. Greteman. Seconded by COuncilman Couch- man. Carried by the foIIowing vote: Yeas - Mayor Meyers, Council. men Bitter, COuchman, Moldenhau- er, Pregler. Nays-None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. Leo F. Frommelt City Clerk ............................................................ ............................................................ ............................................................ ............................................................ ......-................................................... COuncilmen Attest: .................................................. CIty Clerk 140 Special Session April 13, 1970 CITY COUNCIL OFFICIAL Speclll Session, April 13, 1970. Council mel II 7:30 P.M. (C.S.T.) Presenl - Mlyor Meyers, Coun- cilmen Couchmln, Moldenhluer, Pregler. City Menager Gilbert D. Chevenelle. Absenl-Councllmln Bitter. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called for the purpose OF CON- SIDERING ADOPTION OF ORDI- NANCES REZONING PROPER- TIES IN COOKS ADDN. AND IN WESTCHESTER SUBDIVISION, and acting upon such other busi- ness as may properly come before a regular meeting of the City COun- cil. April 10, 1970 To the Honorable Mayor and City CounclI This Is to advise that I have ap- proved the following bonds and policies, and desire to have your approval on same. COMPREHENSIVE LIABILITY Dubuque Tot Lot Association, Ioc., United States Fidelity & Guar- anty Co. Gemini, Ioc., Great American 10- surance Companies SIDEWALK Fl)'DD Company, Ioc., SI. Paul FIre & Marine Insurance Co. Richard Husemann and Louis Huse- mann, Merchants Mutual Bond- ing Company RespectfuIly, Gilbert D. Chavenelle Cit)' Manager COuncilman Pregler moved that the policies and bonds be filed subject to approval of the Cit)' At- torney. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays-None. Absent--CounclIman Bitter. April 10, 1970 To the Honorable Mayor and City Council We have received a request from Grace Kopp on behalf of Midwest Developers for street lights on Daniels Street. The underground service wire and the light base and poles have been furnished by the petitioner. It is recommended that four 175 watt mercury vapor lights be in- stalled. Respectfui!y , Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the recommendation. Seconded by Mayor Meyers. Car. ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays-None. Absent--Councilman Bitter. March 26, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to haye property described as the Southerly one hundred and fifty (150) feet of Lot 2 (}f the Sub- division of Lot 25, in Block \I in Westside Manor Subdivision, in the City of Dubuque, Iowa, reclassified from Single Family Residential classification to Local Business "B" classification. 10 reviewing this request the Commission found that the only difference in this request from the one that they heard on December 4, 1969 and December 2, 1968, was in the size of the property. It was the opinion of the Commission that this constitutes basically the same request and that the situation around It Is unchanged. It was the decision of the Com- mission that there was no need to schedule another public hear- ing to consider this proposal and that the recommendation submit- ted to the Council on December 4, 1969, should be reaffirmed as the recommendation of the Commis- sion on this proposal. A copy of that letter Is attached. RespectfuIly submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the communication be received and flied and referred for proper pro- Special Session April 13, 1970 ceedings. Seconded by Mayor Mey- ers. Carried by the folIowing vote: Yeas, - Mayor Meyers, Coun- clImen Couchman, Moldenhauer, Pregler. Naye-None. Absent--Councilman Bitter. Mayor Meyers moved that the rules be suspended in order to let anyone present address the Coun- en if they so desire. Seconded by Conncilman Couchman. Carried by the fOllowing vote: Yeas - Mayor Meyers, COun- cilmen Couchman, Moldenhauer, Pl'egler. I Nays-None. Absent--Councilman Bitter. No response from the floor at this time on the suspension of the rules. it can be fairly determined that a tax saving to the taxpayers of the City of Dubuque of approxi- mately twenty-five to thirty thou- sand dollars has been effected. Respectfully submitted, R. N. Russo City Attorney Councilman Couchman moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Notice of claim of Terry Ruble, in an estimated amount of $132.40, 9 for car damage incurred as the re- April 10, 1 70 suit of striking a hole in the street Honorable Mayor and at 1465 Sycamore on April 3, 1970, Clt)' Council presented and read. Mayor Meyers On February 14, 1966, Cit)' of m(}ved that the notice of claim be Dubuque instituted a condemna- referred to the City Solicitor for tion proceediogs against Philip investigation and report. Seconded Powers and Martha Powers for a by Councilman Pregler. Carried by parcel of real estate fronting on the following vote: John F. Kennedy Road upon w~ch Yeas - Mayor Meyers, Coun- Is ~resently located the new fire cilmen Couchman, Moldenhauer, station. On March 14. 1968, the Pregler Sheriff's. j~y r~turned an award to Nay":"None. the plamtiff In the amount of Absent-Councllman Bitter. $13,200.00. Thereafter, the plain- tiffs appealed the award to the Notice of claim of Dale H. Steu- District Court of Dubuque County, er, in an undetermined amount, Iowa, wherein, among other things, for car damage incurred as the re- plaintiffs claim that they suffered suit of striking an excavation on total damages in the amount of Carter Road between Kane and $35,000.00 and demanding said 32nd Street on April 6, 1970, pre- amount together with interest sented and read. Mayor Meyers from March 14, 1966. Thereafter, moved that the notice of claim be City asserted appropriate defenses referred to the Cit)' Solicitor for and that trial thereof commenced investigation and report. Seconded on February 17, 1969 and as a re- by Councilman Pregler. Carried by suit of which, at the close of plain- the following vote: tiffs' case the case was dismissed Yeas - Mayor Meyers Coun- on, motion of the defendant, Cit)' cilmen Couchman, MOld~nhauer, of Dubuque, and thereafter, appeal Pregler. was taken to the Supreme Court Nays-None. of Iowa and the matler Was ar- Absent--Councilman Bitter. gued before the Supreme Court and on April 7 1970 the Supreme Proof of Publication, certified to Court of the Siate of Iowa handed by the Publisher, of Notice of pub- down its decision and opinion af- lie hearing to consider rezoning of firming the action of the trial the NEIy 36' of Lot 20 in Cooks court in dismissing plaintiffs' case Addn. from Local Business A to at the close of their evidence and Local Business B Classification, sustaining the trial court's refusal presented and read. to grant a new trial. Mayor Meyers moved that the 10 passing, it is of Interest to I proof of publication be re~eiYed note that by the foregoing results, and filed. Seconded by COuncJlman 141 - - Special Session April 13, 1970 dence District Classification, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time of the public hearing. ORDINANCE NO. 10.70 An, Ordlnence 8II'Iending end chlnglng Ordln..... No. 3-34 known os the %anI... Mop and Zoning OrdlnlJlC8 of the City of Dubuque, I-I, so es to change Lot 1 end Lot 2, III 1ft Westchester Subdivision No.2 end Lot 26, and Lots 32 through 36 In Block 12, In Westchester Subdivision. Said OrdInance having been pre- viously presented and read at the COuncil meeting of March 23, 1970, presented for final adoption. 142 COuchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Attorney Dave Setter addressed the Council in behalf of Wareco Oil owners of the property in Cooka Addn. by stating that rezoning was considered some three years ago and due to lack of communication it was turned down. Mrs. Bernice Kraus, Mr. «0 Mrs. Harry Wood, Marie Buechele, Mrs. V. J. Jungers all objected to the rezoning. Bernice Weber of 613 Rhomberg and Leo Johnson, 2144 Orchard Drive were In favor of the rezon- ing. ORDINANCE NO. 9-70 An Ordinance Amending and Chlnglng Ordinance No. 3-34 known os the "Zoning Mop end Zoning Ordinance of the City of Dubuque, Iowan SO as to chlnge the Nly. 36' of Lot 20 In Cook's Addition from Local Bvslness "A" District C1a..lflcltion to LocI' Business "8" CII..lficeflon Aid Ordlnence having _n pre- vously presented and .....d lit the meeting of April 23, 1970, pre- santed for flnel edoptlon. Councilman Moldenhauer moved adoption of the Ordinance. Second- ed by Councilman Couchman. Vote on the motion was as follows: Yeas - CounclIman Couchman, Moldenhauer. Nays - Mayor Meyers, COun- cilman Pregler. Absent-Councilman Bitter. Mayor Meyers moved that the Or- dinance be moved over to the Council meeting scheduled for April 20, 1970. Seconded by Coun- cilman COuchman. Carried by the following vote: Yeas - Mayor Meyers, COun- cilmen Couchman, Moldenhauer, Pregler. Nays-None. Absent--Councilman Bitter. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider rezoning of Lot 1 and Lot 2 In Westchester Sub. No.2, and Lot 26, and Lots 32 thru 36 in Block 12 in Westchester Sub. from Two Family to Multiple Reol- Special Session April 13, 1970 143 over the name of Virginia Nowlin expressing the idea that the dut)' of Clt)' officials is to serve all the people, objecting mainly by allow- ing the so calIed drop-out groups use AiIlson Henderson Park as their private domain, In deference to playing children and private home owners facing the park and in the immediate neighborhood, presented and read. Mayor Meyers moved that the communication be reeeived and filed. Seconded by Councilman Pregler. Carried by the foilowing vote: Yeas - Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays-None. Absent-Counci1man Bitter. Petition of Mrs. Frank Schumach- er Jr. et al (120 signatures) re- questing the Allison Henderson Park be kept open alI night for public use, presented and read. Mayor Meyers moved that the pe- tition be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: c~~~s ~u~:;~, ~~~nh~~~: I Pregler. Nays-None. Absent-CounclIman Bitter. Communication of Board of Park Commissioners stating that their Board have adopted a resolution at their meeting of April 13, 1970 requesting the City Council to amend the Ordioance relating to park closing hours, permitting the possibility of establishing closing hours for any specific park and recommending at this time that an 11:00 P.M. closing of Allison Hen- derson park would be proper, pre- sented and read. M8)'or Meyers I moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, COun- cilmen Couchman, Moldenhauer, Pregler. Nays-None. Absent--Councilman Bitter. COmmunication of Arthur Board- man requesting the Council to ap. prove the Proposed Ordioance set- ting a closing time on Allison Hen- derson Park, presented and read. Ma.Yor Meyera moved that the com- munication be re<!èived and flied. Seconded by Councliman Pregler. Carried by the following vote: "Yeas - Mayor Meyers, Coun- clImen COuchman, MOldenhauer, Pregler. Nays-None. Absent--Councilman Bitter. Petition of Fred BegaIey et al (206 signatures) being mostly a list of students requesting a 11:00 P.M. curfew for AiIison.l{enderson park, presented and read. Mayor Meyers moved that the petition be received and filed. Seconded hy CounclIman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. NaYS-None. Absent-Councilman Bitter. Petition of Mrs. Naomi G. Bue- low et al approving proposed clos- ing time of 11:00 P.M. for Allison Henderson park, presented and read. Mayor Meyers moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the fOlIowing vote: Yeas - Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. NaYS-None. Absent-CounciIman Bitter. April 10, 1970 Honorable Mayor and Cit)' Council Re: Allison-Henderson Park At your meeting of March 23, 1970, your Honorable Body consid- ered a petition by two hundred six signataries requesting the Clt)' Council to enact an ordinance clo.. ing ALUSON-HENDERSON PARK to the public at 11:00 o'clock P.M. daily. This petition was referred to the City Solicitor to draw up an ordi- nance to have 11:00 P.M. closing at AiIison-Henderson Park, and, that the City Solicitor be instruct- ed to furnish opinion of vaIldit)' of the PropoSed ordinance, also that he provide suggested alterna. tives. Prior to this matter at hand, a recommendation of the Dubuque Park Board thlt the City Council adopt an ordinance ordering said park to be closed at 12:00 o'clock A.M. daily was referred to the City Manager and Cit)' Solicitor - - - 144 Special Session April 13, 1970 and many weeks of staff confer- ences relating thereto were spent with on result, and as a conse- quence there are two matters be- fore you to be resolved. As relates to the present peti- tion, one should bear in mind the constitutional provisions that at- tach to the question. A right of assemblage exists under the FIrst Amendment to the COnstitution of the United States and under the Fourteenth Amendment the right exists against the state and mu- nicipal governments. The right al- so exists under state constitution against states and municipal cor- porations. The right of assemhlage, the right of equal protection of the law, and constitutional rights and privileges pertaining to federal and state citizenship entitles clti- I zens to assemble in such places upon the same basis, as other citi- zens are entitled, privileged or per- mitted by law to do. There is a fundamental and con- stitutional right to orderly and peaceably assemble subject to any reasonable municipal regulations that is to say, sub¡ect to the re.. son-biB exercise of the pollee pow- er In the interest of public hHlth, safely end welflre. The closing of AlIison-Hender- son Park at 11:00 o'clock P.M. daily would, in my opinion, not run afoul of constitutional rights of users of said park, in consider- ing the hazards by reason of the congestion of motor vehicular traf- I fie generated, the disturbance to the immediate high densit)' resi- dential neighborhood by reason of the heavy vehicular traffic as weli as the stop and starting type traf- fic, and as well as the slamming of car doors, and also by reason of the general claimed disturbance to the neighborhood by large eon- gregations of young people, as well as oulookers and other actors upon such scene. Likwise, it should be borne in mind that the exercise of the mu- nicipal police power cannot be em- ployed to suppress or harrass the so-called "park element." Suppres- sion by municipal officials or the police of the right of free speech and assemhly cannot be made an easy substitute for the perform- ance of their dut)' to maintain or- i der by taking such steps as may be necessary and feasible to pro- tect peaceable, and orderly assem- blies in the exercise of their right against violent or disorderly retal- iation or attack at the hands of those who may disagree or object. Tbe adoption of municipal reg- ulations or the exercise of the po- lice power is prohibited where to do so deprives a citizen, or citi- zens, of his or their civil rights. The following pertinent federal law is cited for your guidance: U.S.C.A. TITLE 42. Section 1983. CIVIL ACTION FOR DEPRIVATION OF RIGHTS. Every person who, under color of any statute, ordinance, regula- tion, custom, or usage, of any State or Territory, subjects or causes to be subjected, any citizen of the United States or other per- son within the jurisdiction there- of to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the par!)' injured in an action at law, suit in equit)', or other proper proceediogs for re- dress. I do not believe that closing the park per se at 11:00 o'clock P.M. will appreciably solve the prob- lem as the enforcement of such ordinance is patently most diffi- cult. By enforcement is meant a legal arrest, prosecution, eonvic- tion and judgment of the court. I do not belieye that such closing will lessen the burden on the po- lice department, nor will it ease the burden on the residents of the area. 10 my experience, such action will create as many prob- lems, If not more, as It will at- tempt to correct. On the other hand, If It is recog- nized that the park may stay open until 11:00 o'clock P.M. the assump- tion must likewise be made that there is no valid legal reason to close said park prior thereto. Why then is there objection to a mutual effort to relocate the group as was attempted by your staff? Why were efforts to relocate this group at the westerly side of the Municipal Golf COurse categor- Ically and unequivocally opposed hy the delegates from the very neighborhood to which the atsff efforts were being directed. Special Session Apiil 13, 1970 145 It is my opinion that the present Petition of Peoples Natural Gas crucial social impact as reflected requesting permission to excavate by the AI1ison.Henderson Park epi- at the intersection of the alley on sodes must be remoyed from the Olive Street, presented and read. political arena and must be reo Councilman Pregler moved that solved through the serious business the petition be granted. Seconded of government. by Mayor Meyers. Carried by the As a suggested alternative, I ear- following vote: nestly recommend that the City Yeas - Mayor Meyers, Coun- Council re-examine the feasibility cilmen Couchman, Moldenhauer, of Providing an alternative, mu- Pregler. tually satisfactory site for the NaYS-None. group commonly referred to as Absent-Councilman Bitter. the Allison-Henderson group, in the interest of the neighborhood Petit~on of Pe?p!es Natural Gas and in the interest of the young requestmg perm!"slOn to excavate people and in the total interest at 759 Clark~ DrIve, presented and of the community. read. Counc!,~an Pregler moved Respectfuily submitted that the petition be granted. Sec- R. N. Russo 'onded by Mayor Meyers. Carried Cit)' Attorney by the foilowing vote: Yeas - Mayor Meyers, Coun- Mayor. M7yers moyed. that the cilmen Couchman, Moldenhauer, c!,mmunIcation be receIVed. and Pregler. filed. Seconded. by Councilman Absent-councilman Bitter. COuchman. C8lTled by the follow- ing yote: Petition of American Legion Yeas - Mayor Meyers, COun- Auxiliary requesting permission cilmen Couchman, Moldenhauer, to sell poppies on May 22nd and Pregler. May 23rd, presented and read. NaYS-None. Councilman Couchman moved ap- Absent-councilman Bitter. proval of the petition and refer to . . the City Manager for implements. An Ordinance Amen~g Ordi- tion. Seconded by Mayor Meyers. nance No. 24-69 by repealmg Sec- Carried by the following vote. tion. 30 the~eof .and enacting a new Yeas - Mayor Meyers, èoun- section 30 m lie,! thereof to pro- cilmen Couchman Moldenhauer vide for the ClOSIng hours at AI- Pregler . , lison-Hende""?n pa.rk, ~resented NaY":-None. and read. QUIte a dISCussIOn arose '. as to the content of the Proposed Absent-Councilman BItter. Ordinance both for and against. Petition of Dubuque Area Legal CouncIl.man Moldenhauer move~ Services Agency requesting the for adoption of the proposed. Ordi- Mayor and Council to Proclaim Dance. Seconded by Councilm~ May 1, 1970 as Law Day U.S.A., Pregler. The vot~ was as follows. presented and read. Councilman Yeas - Councilmen Moldenhau- Moldenhauer moved approval of er, Pregler. the petition. Seconded by Council. NaY8-;-Mayor M7yers. man Couchman. Carried by the Abstal11--Coun~ilman <!ouchman. following vote: Absent-counCilman BItter. Yeas - Mayor Meyers, Coun- Councilman Pregler moved that cilmen Couchman, Moldenhauer, the Park and Recreation COmmis- Pregler. lion be instructed to re-define the Nays-None. hours on all parks within the City. Absent-Councilman Bitter. pàrt system to establish Closing Seconded by Mayor Meyers. The Petition of Wil1iam Moore re- vote was as follows: questing permission to conduct a Yeas - Mayor Meyers, Coun- parade on April 15 to liIustrate c11man Pregler. the cost of the undeclared war 10 NaY8--Councilman Moldenhauer. Vietnam, presented and read. Abstain-Councilman Couchman. Councilman Couchman moved ap- Absent-Councilman Bitter. proval of the request and that City Attorney R. N. Ru- left same be referred to the Manager the Council Chlmber It 10:00 P.M. for procedure and route. Seconded 146 Special Session April 13, 1970 by Mayor Meyers. carried by the following vote: Yea. - Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Absent-Councilman Bitter. Petition of William Martens re- questing permission to eonduct a parade on April 22nd in coordina- tion with "Earth Day" also per- mission to solicit funds in the downtown area to be given to a local, State of Federal Agency in. volved in the fight against poIlu. tion, presented and read. Coun- cilman Pregler moved approval of the petition without permission to solicit funds. Seconded by Mayor Meyers. Carried by the following yote: Yeas - Mayor Meyers, Coun- clImen Couchman, Moldenhauer, Pregler. Nays-None. Absent-CounciIman Bitter. Petition of Y.W.C.A. requestiug 1 that the week of April 19th to 26th b. proclaimed "Dubuque YWCA week," presented and read. Mayor Meyers moved approval of the pe- tition by issuing the proclamation. Seconded by Councilman Couch- man. Carried by the foIlowing vote: Yeas - Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Petition of Leo B. Grass request- ing a refund of $250 on the unex- pired portion of Liquor license No. C-3470, as he has discontinued bus- iness on March 26, 1970, presented and read. Councilman Pregler :~;:c~lr~~~ ':i¿:~:t~onls:~ I proper warrant. Seconded by Ma- yor Meyers. Carried by the follow- ing vote: Yeas - Mayor Meyers, COun- cilmen Couchman, Moldenhauer, Pregler. Nays-None. Absent-CoonclIman Bitter. RESOLUTION NO. 101.70 WHEREAS, applications for Beer Permits have been submitted to this COunclI for approYal and the same haye been examined: NOW THEREFORE, BE IT RESOLVED by the Cit)' COunci lof the Cit)' of Dubuque, 10...... that the followin¡ applica- tions be granted and licenses be issued upon the compliance with the terms of the ordioances of the City. CLASS "B" BEER PERMIT Dubuque Yacht Basin, Inc., 1630 East 16th Street Lois M. Morarend, 700 East 16th Street Karl Oleson, 1701 Asbury Street CLASS "C" BEER PERMIT Joseph R. Lenger, 486 North Grandview Avenue passed, adopted and approved this 13th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, Clt)' Clerk COuncilman COuchman moved adoption of the resolution. Second- ed by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, COunclI- men Couchman, Moldenhauer, Pregler. Nays - None. Absent - COuncilman Bitter. RESOLUTION NO. 102-70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council, and WHEIlEAS, the premises to he occupied by such Ipplicants were inspected and found to comply with the ordinances of this Cit)' and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the Cit)' Council of the City of Dubuque, Iowa, that the Manager be and he Is hereby di- rected to Issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Yacht Basin, Ioc~ 1630 East 16th Street Lois M. Morarend, 700 East 18th Street Karl Oleson, 1701 Aabury Street CLASS "C" BEER PERMIT Joseph R. Lenger, 486 North Grandview Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be end the same are herebY approyed. Special Session April 13, 1970 147 Passed, adopted and approved received the approval of this COun- this 13th day of April, 1970. cil. and Donald R. Meyers WHEREAS, the premises to be Mayor occupied by such applicants were Walter A. Pregler inspected and found to eomply Wa7De A. Moldenhauer with the State Law and all CIty or- Gaylord M. Couchman dinances relevant thereto and !bey COuncilmen have filed proper bonds; Attest: NOW THEREFORE BE IT RE- Leo F. Frommelt, SOLVED by the City COuncil of City Clerk Dubuque, Iowa, that the Manager . be authorized to cause to be issued Co~ncilman Couchn,1an moyed to the following named applicants adoptIon of the resolution. ~e~ond. a Liquor Permit. ed by Maror Meyers. Carne by CLASS "C" COMMERCIAL th~e~sII~a;.~teireYers, Council. . ESTABLISHMENT men Couchman, Moldenhauer, LoIs M. Morarend, 700 East 16th Pregler. Street Nays - None. ;Passed, adopted ~nd approved Absent -- Councilman Bitter. this 13th day of April, 1970. Donald R. Meyers RESOLUTION NO. 103-70 Mayor WHEREAS, applications for Walter A. Pregler Liquor permits have been sub- Wayoe A. Moldenhauer mitted to this CounclI for approval Gaylord M. COuchman and the same have been examined, Councilmen NOW THEREFORE BE IT RE. Attest: SOLVED by the City Council of Leo F. Frommelt the City of Dubuque, Iowa, that Cit)' Clerk the foIIo,,:ing app'!cations be grant- Councilman Couchman moved ed an.d lice~es ISSued upon the adoption of the resolution. Second. compliance WIth the terms of the ed by Mayor Meyers. Carried by IOWA UQUOR CONTROL ACT- the following vote: CIIAPTER 123-as amended by Yeas - Mayor Meyers, Coun. the 60th General Assembly, 1963. cilmen Couchman, Moldenhauer, CLASS "C" COMMERCIAL Pregler. ESTABLISHMENT NaYS-None. Lois M. Morarend, 700 East 16th Absent--Councilman Bitter. Street Mayor Meyers presented the Passed, adopted and approyed name of Louis F. Fautsch for re- this 13th day of April, 1970. appointment to the Civil Service Donald R. Meyers Commis&on for a six year term to Mayor March 31, 1976 and moved for the Walter A. Pregler reappointment. Seconded by Coun- Wa7De A. Moldenhauer cilman Couchman. Carried by the Gaylord M. Couchman following vote: COuncilmen Yeas -- Mayor Meyers, Coun- Attest: cilmen Couchman, Moldenhauer, Leo F. Frommelt, Pregler. City Clerk Nays-None. Councilman Couchman moved Absen~ouncilman Bitter. adoption of the resolution. Second- Councilman Pregler moved. that ed by Mayor Meyers. Carried by Mr. John Sherm~ be re-ap,?omted the following yote: to the CountY-CIty Authon.ty for Yeas -- Mayor Meyers, Council- ~ ~our yea; term and the CIty So- men Couchman, Moldenhauer, hcltor .be Ins~cte~ to draw up a Pregler resolutIon confIrmmg the action. Nays'- None. S.econded by May?r Meyers. Car- Absent - Councilman Bitter. ned by the fOIIowmg vote: Yeas - Mayor Meyers, Coun. RESOLUTION NO. 104-70 cllmen Couchman, Moldenhauer, WHEREAS, applications for Liq- Pregler. uor permits were filed by the with- NaYS-None. in named applicants and they have Absent--Councilman Bitter. 148 Mr. Paul Ombruni, Bob Cotten from Henningson, Durham & Rich. ardson along with Mr. Vern SchiIu and Jack Kilby presented charts and graphs explaining the Water Department Deyelopment report in detail. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, COun- cilmen Couchman, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Leo F. Frommelt Cit)' Clerk Approved Adopted .................................... 1970 -"--"""-"--"--'-""---'" -"-"-'-"--".--" '..""""----""'-"-"-"""'--""" .....-.....-..--..-....-..-......--.."..___m -""--"'-"--ëöüñdïiiiãiï"" Attest: """"""""""""'ëitÿ"Ciüt"" Special Session April 13, 1970 1970 Spècial Session, April 20, 1970 149 CITY COUNCil OFFICIAL Speclll Session, April 20, 1970. Council met It 7:30 P.M. (C.S.T.) Present - Mayor Meyarl, Coun- cilmen Bitter, Couch men, Molden- Muir, Pregler. City Menlll8r GII. bert D. Chlyenelle. Mayor Meyers read the cai! and stated that service thereof had been duly made and this meeting is called to conduct A PUBLIC HEARING ON THE MAIN STREET PEDESTRlANW A Y DOWNTOWN URBAN RENEwAL PROJECT IOWA R.t5 ON BOTH THE GEN- ERAL AND ELECTRICAL CON- TRACTS, and acting upon such other business as may properly come before a regular meetlog of the Clt)' Council. Communication of Dubuque County Municipal League submit- ting a copy of Dubuque Count)' Li- brary Study Committee Report as the result of looking into the ov- erall operation of the Dubuque Count)' Library, þresented and read. Councilman Pregler moved that the communication be received and filed and a copy of the report referred to the Library. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers. Coun- climen Bitter, Couchman, Mol- denhauer, Pregler. NaYS-None. COmmunication of Mrs. Ralph B. Tritsch of 2245 Pearl Street, a copy of which is addressed to the Uni- verslt)' of Dubuque, relatiye to a water drainage problem created as the result of construction of park- I ing lots by the Uniyerslt)' in the area, presented and read. Cit)' En- gineer White stated that some at- tention has been given this matter and they are working with the Uni- versit)' in the hope of finding an equitable solution. Mayor Meyers then moved that the communica- tion be received and filed. Second- ed by Councilman Bitter. Carried by the folIowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. I Communication of Visitation Academy officials and signed by all student participants in Youth for Government week, expreSSing thanks to the City, County officials and all coordinators in Youth for Government program thereby ex. pressing a true interest and con- cern for the youth of Dubuque, presented and read. Councilman Couchman moyed that the communication be re- ceived and filed and congratula- tions to the youth of the City of a job welI done. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- man Bitter, Couchman, Moldenhau- er, Pregler. NaYs-None. Communication of Connie Mc- Cauley of 2111 St. Cella Drive re- questing support to mOYe pollution out of the Cit)' and Count)', pre- sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, COuchman, Moldenhau- er, Pregler. NaYS-None. Communication of COuntY-Cit)' Dubuque Authorlt)' Ioc. submitting an audited report of receipts and disbursements for 1969, presented and read. Councilman Bitter moved that the report be received and filed. Seconded by COuncilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. April 13, 1970 To the Honorable Mayor and City Council Gentiemen: A request has been received from C. George Biasi for street lighting in Oak Brook Subdivision. It Is recommended that two 175 watt mercury vapor lights be in. stal1ed. One light at the intersec- tion of Butterfield Road and Kens- ington Place. Respectfully, Gilbert D. Chavenelle Cit)' Manager CounclIman Pregler moved ap- Proval"of the recommendation. Sec- --- -- I1íO Special Session, April 20, 1970 onded by Mayor Meyers. carried by the foilowing vote: Yeas-Mayor Meyers, councIl- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. April 17, 1970 To the Honorable Mayor and Cit)' COuncil I herewith submit the reports of the City Auditor, Cit)' Treasurer, Water Department. as well as a list of claims, for the month of March 1970. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the re- ports be received and filed. Sec. onded by COuncilman Bitter. Car- ried by the following vote: Yeas-Mayor Meyers, COuncil- men Bitter, Couchman, Molden- bauer, Pregler. Nays-None. Notice of Suit of Maybelle Herr- man, in the amount of $5000 for personal injuries received in a fall on a defective sidewalk on Heeb Street on April 30, 1969, presented and read. Councilman Bitter mov- ed that the notice of Suit be refer- red to the Cit)' Solicitor for inves- tigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Coucbman, Molden- hauer" Pregler. Nays-None. Notice of claim of Marvin Niel- sen of 1284 W. 8th Street, in an unspecified amount, for a damaged gate as the result of remoyal of Dutch Elm trees, presented and read. Councilman Bitter moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun. cilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, CounclI- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 9-70 An ordinance amending and changing Ordinance No. 3-34 known IS the "Zoning Map Ind Zoning Ordinance of the City of Dubuque, Iowa" so IS to chi'" certaln'propertv described "' the Northelsterly 36' of Lot 20 in Cook'. Addn. from \OCl\ business "A" District cllSllficatlon to lo- cal business "8" District cll..lfI. ...tlon, said Ordinance having been prev- iously presented and read at the COuncil meetings of March 23, 1970 and April 13, 1970, presented for final adoption. Councilman pregler moved that the rules be suspended in order to let anyone present address the COuncil if they so desire. Second- ed by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, CounclI. men Bitter, Couchman, Molden- bauer, Pregler. Nays-None. Attorney Dave Setter represent- ing the Wareeo Oil Station people , stated that his client desires the re- zoning at this time and they will work with the neighborhood peo- ple to provide a proper atmos- phere. Mrs. Kraus, a next door neighbor, objected to the rezoning on the grounds that they will be right on her property line with a possibility that if she steps out of ber back door she will be on the Wareco Station Driveway. Miss Marie Bue- chele questioned the purpose of expanding the rezoning of thiJI property. After considerable discussion Councilman Pregler moved that same be closed. Seconded by May- or Meyers. Carried by the follow- ing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. OROINANCE NO. to" inhe c~,~""J3rl~n~ ,:4.:' C\~ 1;'1 ~.':.~u'p,~r"J,.:¡¡,co~IY~ !he ... m~1f."ah\~1!: :.'::~ Special Session, April 20, 1970 151 II:: P¿TI'~ ,j'.%'UQ~~"~w~~nn""Jon of side;ed the first reading of the Pa~ a",oued and -'" fill. 20th Ordioance. Seconded by Mayor dau of Meyers. Carried by the fOllowing yote: Yeas-Mayor Meyers, Councll- ATTEST, Leo F. F'ommell man Bitter, Couchman, Molden- PU."sh"CJ::;'~::;~ In The Tel..,.ph. hauer, Pregler. H..ald N-n_, III'. ""d dov of An'" NaYS-None. "'0. LEO F. FROMMELT . It. 4f23 CIty Clel'l<. Councilman Moldenhaner moved . that the rule requiring an Ordi- .c°unclIman Moldenhau~r moy- nance to be read on three separate ed fmal adoption of t!'e Ordinance. days be waived. Seconded by COun- Seconded b.y COuncilman Co,,:ch- cilman Pregler. Carried by the tol- man. Corned by the folIowmg lowing vote: vote: Yeas-Mayor Meyers, Council- Yeas-Mayor Meyers, Council- men Bitter Couchman Molden- men Bitter, Couchman, Molden- hauer, PreiIer. ' hauer. Nays-None. NaYs-Councilman Pregler. Communication of Susan J. Soley of 1410 Parkway hoping for an equitable solution to the Allison Henderson situation, presented and read. Councilman Bitter moved that the communication be receiv- ed and filed. Seeonded by Mayor Meyers. Carried by the foIlowiog vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Mary Anne RoIling of 1305 N. Grandview stat- ing that the lawn sitters at Allison Henderson park are being discrim- inated against because of their ap- pearance and the fact that they en- joy sitting and talking should not be reasons enough to deny them the same freedom that has been given before to anyone, presented and read. Councilman Pregler moved that the communication be receiyed and filed. Seconded by I Mayor Meyers. Carried by the fol- lowiog vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 19-70 An ordinance amending Ordi- nance No. 2~9 by repelling Section 30 thereof and enacting a new Section 30 In lieu thereof to prov'de for the closing It AIII- I 'on-Henderson Park, P1'esented and read. Councilman Moldenhauer moved that thO' reading just had be con- '1- '~ ER ,N '."'OK CooIn"lm.. ATTEST, ~m."<:,."J""'mell H:i'.'IilS¡¡~:~~I\);,."b~':.a~':?Ä"~ 1970. It. <123 ~Ii,? ~1e:1c~OMMELT Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Mayor Meyers. Car- ried by the fOIIOwiog vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. N'aY8-None. 152 Special Session, April 20, 1970 Communication of Patrick Chew law. Seconded by COuncilman agreeing to restrict remainder of Pregler. Carried by the following Lot 2 of Lot 25 Block 4 in West vote: Side Manor Subdivision comprising Yeas-Mayor Meyers, Council- they Nly 25.15' of said lot and all men Bitter, Couchman, Molden- of Lot 2 of Lot 24 Block 4 in West hauer, Pregler. Side Manor Subdivision to Single Nays-None. ~amily re.sidence clas~fication un- ORDINANCE NO. 21.70 til such tune as abuttm~ property An ordlnlnce Imendlng and owners consent to re~nmg thereof chlnglng Ordlnlnce No. 3-34 and further to restrict the height known IS the Zoning Map and of all buildings, light standard~ and Zoning Ordlnlnce of the City of signs to 18' above the establish~d Dubuqua, 10WI, so IS to chlnge grade, presented and read. Councl!- Lot A of Block 10 and Lot 16 of man Pregler moved the commu~- Block 11 III In the Pllt of Block cation be referred to the public 10 and 11 In Sunrise Halghts Sub- hearing set for May 18th, 1970. division from Single Flmlly _I. Seconded by Mayor Meyers. Car- dence district cllsslflcetlon to ried by the following vote: . Multiple Flmlly residence dls Yeas-Mayor Meyers, Council- trlct cll..lflcltion, men Bitter, Couchman, Molden- presented and read. hauer, Pregler. Nays-None. Councilman Couchman moved that the reading just had be con- ORDINANCE NO. 20-70 sldered the first readiog of the An ordinlnce Imendlng end Ordinance Seconded by Council- chlnging Ordinance No. 3-34 man pregier. Carried by the fol- kno~n IS the Zoning Mlp Ind lowing vote: Zoning Ordinance of the City of Yeas-Mayor Meyers, Council- Dubuque, Iowa, IS to chlnge the men Bitter Couchman Molden- Sly. 150' of Lot 2 of the Subdlvi.. hauer pregÍer ' Ion of Lot 25, In Block 4 in West- Nays-None' side Minor Subdivision from Sln- . gle Family residence district Councilman Couchman moyed cllsslflcatlon to local buslne.. that the rule requIring an Ordi- "B" District cllsslflcatlon, nance to be read on three separate presented and read. days be waived. Seeonded by COun- Councilman Couchman moved cilman Pregler. Carried by the that the reading just had be con- following vote: sidered the first reading of the Yeas-Mayor Meyers, Council- Ordinance. Seconded by Council- men Bitter, Couchman, Molden- man Pregler. Carried by the fol- hauer, Pregler. lowing vote: Nays-None. Yeas-;-Mayor Meyers, Council- Councliman Couchman moyed men Bitter, Couchman, Molden- that a public hearing be held on hauer, Pregler. the Ordioance on May 18, 1970 at Nays-None. 7:30 o'clock p.m. in the Council Councilman Couchman moved Chamber at the Cit)' Hall and that that the rule requiring readiog on the City Clerk be instructed to three separate days be waiyed. publish notice of the hearing in the Seconded by Councilman Pregler. manner required by law. Seconded Carried by the following vote: by Councilman Pregler. Carried by Yeas-Mayor Meyers, CounclI- the following vote: men Bitter, Couchman, Molden- Yeas-Mayor Meyers, COuncil- hauer, Pregler. men Bitter, Couchman. Molden- Nays-None. hauer, Pregler. Councilman Couchman moved Nays-None. that a public hearing be held on Petition of Mrs. Margaret Schol- the Ordinance on May 18, 1970, at brock of 2508 Roosevelt Sl request- 7:30 p.m. Daylight Saving Time in ing permission to open a beauty the Council Chamber at the Clt)' salon in her home and requesting HaIl and that the City Clerk be in- proper zoning, presented and read. structed to publish notice of the COuncilman Pregler moved that the hearing in the manner required by Petition be referred, to the PIan- Special Session, April 20, 1970 153 niog &. Zoning Commission for in- yestigation and report. Seconded by Mayor Meyers. Carried by the folIowing yote: Yeas-Mayor Meyers, CounclI- men Bitter, COuchman, Molden- hauer, Pregler. Nays-None. Petition of Hillcrest Investment Ioc. requesting consideration for the installation of a storm sewer from Key Way north to property I line of Dr. Link property a distance of approximately 500' to take care of run-off water from area west of J.F.K. road and north of Pennsyl- vania Avenue, presented and read. Councilman Pregler moyed that the petition be referred to the Cit)' Manager and stsff for investigation and report. Seconded by Mayor Meyers. Carried by the fOllowing yote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Mt. St. Bernard Sem- inary requesting rezoning of Lot 2 of 1 of 1 of 1 of 1 of 2 of Highland Farm; Lot 3 of I of 1 of 1 of 1 of 2 of Highland Farm; Lot 2 of 2 of 2 of St. Rose Place; Lot 1 of 1 of 2 of 1 of I of 1 of 2 of Highland Farm, from Single Family to Multiple Residence District Classification, presented and read. Mayor Meyers moved that the petition be referred to the Planning &. Zoning Commis- aion for inveStigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of David L. Clemens, at- torney, in behalf of residents on Crissy Drive praYing for relief of the water drainage problem over their proPerties due to the lack of a storm sewer on Crissy Drive, pre- eented and read. COunc11man Bit- ter moved that the petition be re- ferred to tbe Engineering Depart- ment for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchmao, Molden- hauer, Pregler. NaYS-None. Petition of Mississippi Valley Milk Products Assn., owners of the Dubuque Cheese factory located south of the City limits, requesting permission to connect to the sani- tary sewer at their plant, presented and read. Mayor Meyers moved that the petition be referred to the Cit)' Manager, City Engineer and staff for investigation and report. Seconded by Councilman Bitter. Carried by the foilowing vote: men Bitter, Couchman, Molden- hauer, Pregler. Yeas-Mayor Meyers, Council- NaYS-None. Petition of Sertoma Club request- ing permission to conduct a circus on IodustriaI Island on June 14, 1970, permit fee exempt, presented and read. Councilman Couchman moved that the petition be referred to the City Manager for implemen- tation. Seconded by Councilman Bitter. Carried by the folIowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchmao, Molden- hauer, Pregler. Nays-None. Petition of Karen Heeren re- questing a refund of $50 on the un- expired portion of Class B Beer Permit No. 74, as she has discon- tinued business on April 2, 1970, presented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. NaYS-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on resolution of neces- sity for construction of Main Slreet Pedestrianway Downtown Urban Renewal Project-<;ENERAL CON. TRACT-presented and read. Coun. cilman Pregler moved that the Proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of State Depart- ment of Health advising that the - - - - 154 Special Session, April 20, 1970 control of service connections to the sanitary sewers in the Main Street Pedestrianway Urban Re- newal project is under local juris- cliction, therefore no permit is re- quired from their department, pre- sented and read. Councilman Preg- ler moved that the communication be referred to the Urban Renewal Department. Seconded by Council- man Moldenhauer. Carried hy the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman. Molden- hauer, Pregler. Nays--None. April 16, 1970 To the Honorable Mayor and City Council A1; requested by the Park Board's letter of April 9th, a meeting was held Tuesday, April 14th with Park Board members and Mr. Kramer, Mr. Haltenhoff, Mr. White, Mr. Wit- tenberg, Mr. Gilson, Mr. Charles Mosher, landscape architect consul- tant and the City Manager. Much information was exchang- ed and future meetings will be held as contracts are let and trees se- lected. Respectfully, Gilbert D. Chayenelle Cit)' Manager Mayor Meyers moved that the communication be received and fil. ed. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas--Mayor Meyers, COuncil- men Bitter, Couchman, 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. Seconded by Councilman CouchmaIL Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mr. Charles Mosher, landscape architect consultant, went into de- tail in describing the tree situation for the mall. Wendelin Rettenberg- er was of the opinion that no forest trees should be used and that orna- mental trees are more desirable. Mr. Ed Brosius objected mainly to the average cost per tree of $750. Decision of Council upon oblec- tlons to plans, speclflclltlons, form of contnct Iud cost of Improv.. ment.. RESOLUTION NO. 105.70 WHEREAS, proposed plans and specifications and form of contract for the construction of the MAIN STREET PEDESTRIANWAY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa Section I - Generll Contract in the area of the proposed rlght- of-way of Mlin Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and 1110 the proposed right-of-way of Eighth Street from Ipproxlmlte- Iy the east curb line of Locust Street to the west curb lino of lowl Street Ind tho proposed right-of-way of Sovonth Street from approximately the ellt curb line of Locust Stroot to the wo.t property line of the Illoy GISt of Mlln Street have been approved by the City Council of the Cit)' of Dubuque and public notice given and the time and place fixed for the hear- ing of all ohjections to said plans, specifications or contract for or cost of such improvements, said time being tbis 20th da7 of April, 1970, and WHEREAS, the City COunclI met in special session this 20th day of April, 1970, at 7:30 o'clock p.m. at the Council Chambers in the CIty HaIl for the purpose of hearing all interested parties and considering any and all objections which have filed to the proposed plans, speci- fications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunIt)' to be heard and all ohjections which have been duly weighed and con- sidered; now, therefore. BE IT RESOLVED by the City COuncil of the Cit)' of Dubuque, that all objections which have been made and fiIed to the plans, speci- fications, contract for or cost of said improyement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approyed are hereby adopted. BE IT FUIlTHER RFßOLVED that this resolution contaloing the Special Session, April 20, 1970 155 decision of this Council upon all motion, deems it adYisabIe and øbjectiODS whicl1 have been filed to necessary for the public welfare Üle plans, specifications and form to make the herein mentioned im- 01 cost said improvement be made provement, and uoless property a matter of permaneat record in OWllers at the time of the final connection with said improvement. consideration of this proposed res- Passed, adopted and approyed ollition ha.ve ?n file with the Cit)' this 20th day of April, 1970 Clerk, objections to the amount Donald R. Meye"; of the cost of the improvement, Mayor they shall be deemed to have W ller A P gl waived all objections thereto. I . re er Said improvement shaII be con- Gaylord .II. .Couchman structed and done in accordance Joseph J. BItter. with the plans and specifications Att t. CollllCilinen which have been approved by the es . Clt)' Council and are now on file Leo. F. Frommelt with the Clt)' Clerk. That the cost CIty Clerk and expense of making said im- Councilman Collchman moYed provement will be paid from such adoptiOD of the resolution. Second. funds of the Cit)' as may be legaIly cd by Mayor Meyers. Carried by used for such purposes. the following vote: The above resolution was in- Yeas-;-Mayor Meyers, Council- traduced, approved and ordered men BItter, Couehman, Pregler. placed on file with the Cit)' Clerk NaYS-<:OUUci1man Moldenhauer. this 6th day of ApriI, 1970. (NECESSITY FOR RECORD OF FINAL ADOPTION IMPROVEMENTS The foregoing resolution was RESOLUTION NO. 77-70 finally Passed and adopted, as WHEREAs, proposed p I a n s, proposed, by the . Cit)' COuncil this specifications, and forms of con- 20th day of April 1970. tract have been duly prepared and Donald R. Meyers spproved by the Cit)' COuncil of Mayor the Clt)' nf Dubuque Iowa and Walter A. Pregler are now on file in the offi~e of Gaylord M.. Couchman the City Clerk showing &mong oth- Attest. Joseph J. Bitter er things the following. Leo . F. Frommelt (I) The Plan of such Improve- Cit)' Clerk .IIIen(2t An . Councilman Couchman moved ! estimate of the cost of final adoption of the resolution. :: ~vement Seconded by Mayor Meyers. Carried MAlN STREET by the folIowing vote: PEDESTRIANWAY Yeas-Mayor Meyers, Council- DOWNTOWN URBAN RENEWAL men Bitter, C~uchman, Pregler. PROJECT IOWA Rot5 NaYS-CouncIlman Moldenhauer. Úl the CIty of DubU\Ue, Iowa (ORDERING CONSTRUCTION) SECTION I - RESOLUTION NO. 106-70 GENERAL CONTRACT BE IT RESoLVED BY THE Úl the area of the proposed right- CITY COUNCIL OF THE CITY at'Way of Jt4ain Street from the OF DUBUQUE, IOWA that pur- """tit curb line of Ninth Street to auant to a Resolution of Necessit)' the aew ""utlt right-of'way line No. 77-70 which wae duly Passed of Se""nth Street and also the by this Council for the )U'OJJO8ed right-of-way of Eighth MAlN STREET Stæet from apProximately the east PED&;TRIANWAY curb line of Locust Street to the DOWNToWN URBAN RENEWAL -- curb line of Iowa Sll'eet and PROJECT IOWA R-t5 the Pl'Qpoaed right-of-way of Sev- in the CI!)' of Dubuque, lowl enth Street from apPrøxilB8tely BECTION I - the east curb line of Locust Street GENERAL CONTRACT to the west proper!)' line of the in the area of the proposed right- aIley east of Maht Sll'eel of-way of Main Street from the BE IT THEREFORE RESOLVED IOUth curb line of Ninth Street that the Cit)' CoUDcil on I!.I 0"", &0 the new south right-of-way Jine 156 Special Session, April 20, 1970 of Seventh Street and also the Councilman Pregler moved that proposed right-of.way of Eignth the proof of publication be re- Street from approximately the ceived and filed. Seconded by east curb line of Locust Street to Councilman Bitter. Carried by the the west curb line of Iowa Street following vote: and the proposed right-of-~ay of Yeas-Mayor Meyers, COuncil- Seventh Street from approXImatelY men Bitter Couchman Molden- tbe east curb line of Locust Street hauer Pregier ' to the west property line of the NaÝs-None.' alley east of M~n Street. Dsclslon of Council upon obi- Be and same is. hereby ?rdered tions to pllns, speclflcotions, form ~onstructed ~y this c~uncll upon of contrlct Ind cost of Improve- its own motion and With or with. ment.. out the petition of objectors. Ail work shall be constructed RESOLUTION NO. 107.70 in accordance with the plans and ~S, proposed plans and specifications heretofore adopted specifications and. form of contract and now on file in the office of for the construction of the the Cit)' Clerk. p~:~Y BE IT FURTHER RESOLVEp DOWNTOWN URBAN RENEWAL ~t the cost and e~pense of S81d PROJECT IOWA R-15 improvement be p81d from such. . f funds of the City as may be legally in tbe ~~~~oJ>u~u~e, Iowa us~~ fO{¡. s~=esÎŒsOLVED . ELECTRICAL CONTRAcr: that this resolution being deemed m the area of the proposed nght- urgent and of IMMEDIATE NECE- -of-way of M~n Stre~ from the SSITY shan be in force and effect south curb line o! Nmth s~et from and after its passage and to the new south nght-of-way line adoption by the Cit)' Council. of Seventh. street and also. the proposed nght-of-way of Eighth !,assed, adopted ~d approved Street from approximately the this 20th day of Apnl, 1970. east curb line of Locust Street to Donald R. Meyers the west curb line of Iowa Street Mayor and the proposed right-of-way of Walter A. Pregler Seventh Street from approximately Gaylord M.. Couchman the east curbline of Locust Street Joseph ~. Bitter to the west property line of the Councilmen alley east of Main Street have Attest: been approved by the Cit)' Council Leo. F. Frommelt of the City of Dubuque and public Clty Clerk notice given and the time and Mayor Meye,;, moved adoption place fixed for the hearing of all of tb~ resolution. Secon~ed by objections to said plans, speciflca- Councilman Pregler. Camed by tions or contract for or cost of the following vote: such improvements said time be- Yeas-Mayor Meyers, Council- Ing this 20th dsy ~f April 1970' men Bitter, Couchman, Pregler. and ' , Nays--Councilman Moldenhauer. WHEREAS, the Cit)' Council met Proof of Publication, certified to in special session this 20th dsy by the Publisher, of Notice of of April, 1970, at 7:30 o'clock P.M. pendency of resolution of neces- at the Council Chambers in the sity for public improvements and City Ran for the purpose of hear- hearing upon proposed plans, spec- ing all interested parties and con- iflcations, form of contract and sidering any and all objections cost of improvements for construc. which have been filed to the pro- tion of Main Street Pedestrianway posed plans, specifications or con- Downtown Urban Renewal Project tract for or cost of the Improye- Iowa R-15-Section n-ELECTRI- ment herein described and pro- CAL CONTRACT, presented and \ posed to be made; and read. WHEREAS, all interested par- No written objections were filed ties have been given an opportu. and no oral objectors were present nit)' to be heard and all objections in the Council Chamber at the which have been duly weighed and time set for the public hearing. ¡considered; now, therefore Special Session, April 20, 1970 157 BE IT RESOLVED by' the City COuncil of the Clt)' 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- p!,"Oved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon an objections which have been filed to the plans, specifications and form of cost said improyement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 20th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councitman Moldenhauer. Car- ried by the folIowing vote: Yeas-Mayor Meyers, COuncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (NECESSITY FOR IMPROVEMENT RESOLUTION NO. 80-70 WHEREAS, proposed p I a n s, specifications, and form of con. tract have been duly prepared and approved by the Cit)' Council of the Cit)' of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among oth- er things the following: (1) Tbe plan of such improve- ment (2) An estimate of the cost of the improvement for the MAIN STREET PEDESTRIANWAY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION n - ELECTRICAL CONTRACT in the area of the proposed right- of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the pro- posed right-of-way of Eighth Street from approximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street. 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 finll consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improyement shall be con- structed and done in accordance with the plans and specifications which have been approved by the Clt)' Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from such funds of the City as may be legally used for such purposes. Tbe above resolution was intro- duced, approved and 0 r d ere d placed on file with the City Clerk this 6th dsy of April, 1970. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed by the Cit)' Council this 20th day of April 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter CounclImen Attest: Leo F. Frommelt Cit)' Clerk Mayor Meyers moved final adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays--None. 15& Special Session, April 20, 1970 (ORDERING CONSTRUCTION) rted b7 the foilowing ..no: RESOLUTION No. 108-70 Ye-Mayor MO)'Ors, COUIICß.. BE IT RESOLVED BY THE men Bitter, COuchman. Moldeu- CITY COUNCIL OF THE CITY hauer. Pregler. OF DUBUQUE, IOWA that p~ Nays..-None. suant to a Resolution of Necesslt)' RESOLUTION NO. 1~.70 No. 80-70 which was duly passed Authorizing the pot>lIcation of by this Council for the notice of ..ro of Project Notes MAIN STREET (Socond Series 1970) end the .... PEDESTRIANWAY celYlng, of proposels for the sale DOWNTOWN URBAN RENEWAL of slid natos for the Downtown PROJECT IOWA R-15 u.lten Ren-I Project, 1- in the City of Dubuque, Iowa R.15 SECTION n - WHEREAS, under date of July ELECTRICAL CONTRACT 28 1967, the City of Dubuque en- in the area of the proposed right- te~ Into a Loan and Capital of-way of Main Street from the Grant Contract for the undertak. south curb line of Ninth Street ing of the Downtown Urban Be- to the new south right-of-way line newal Project, Iowa R.15; and of Seventh street and also. the WHEREAS under date of April proposed right-of-way. of Eighth 7, 1969, the' Council of the CIty Street fro~ approXimately the of Dubuque adopted Resolution east curb line o.f Locnst Street to No. 87-69 authorizing to be issued, the west curb line o.f Iowa street from time to time, Project Notes and the proposed nght-of-~ay of in connection with the Downtown Seventh Street .from approXimately Urban Renewal Project, Iowa R-15, the east curb lme of Lo~ Street in an aggregate principal amount to the west property hne of the outstanding at anyone time of not alley east of Mam Street. to exceed $8,624,313; and Be and same is hereby ordered WHEREAS under date of Jan- ~nstructed !>y this C?uncil UI?OD uary 19, 197Ó, the CounclI of the Its own mo~?n and Wl~ or Wlth- City of Dubuque authorized the out the pel1tion of obJectors. issuance and sale of its Project AIl work shall be constructed Notes In the aggregate principal in accordance with the plans and amount of $3,282,000 to finance specifications heretofore adopted certain undertakinga in connec- and now on file in the office of tion with the Downtown Urban the City Clerk. Renewal Project, Iowa R-15; and BE IT FURTHER RESOLVED WHEREAS in order to ref!- that the cost and expense of said nance a porti~n of the outstanding improvement ~ paid from sucb Project Netes, it is nece.ssary for funds of the City as may be legelly the City of Dubuque to sell Projeet used for such purposes. Notes (Second Series 1970) toteIing BE IT FURTHER RESOLVED $3,235,000; now therefore that this resolution being deemed BE IT RESOLVED BY THE urgent and of IMMEDIATE NEe- COUNCIL OF THE CITY OF DU- ESSITY shall be in force and BUQUE, IOWA: effect fro';'l and after its passaçe SECTION 1. That the Cit)' Clerk and adoption by the Clt)' CounclI. be and he is hereby authori2ed Passed, adopted and approved and directed to publish according this 20th day of April, 1970. to law "Notice of SaIe-Pro:Jeet Donald R. Meyers Notes" ill the form of Exhibit "A" Mayor attached hereto and made a part Walter A.. Pregler hereof. Wa7De A.. Moldenhauer SECTION 2. Tl1at the City Clerk Gaylord M.. Couchman be and he is hereby authorized Joseph ~. Bitter and directed to accept and tab- Councilmen uIlte proposals for the sale of Attest: said notes and to send telegrams Leo. F. Frommelt of acceptance to the low bidder City Clerk or bidders all in accordance with Councilman Pregler moved adop- Instructions covering such transac- tion of the resolution. Seconded tions as pl'O\'lded by the Depart- by Councilman Moldenhauer. Car- men! of Honaing and Urbsli De- Special Session, April 20, 1970 159 veiopmellt, United States of Amer- lei. SECTION 3. That a meeting of tile Council DC the CIty of Dn- buque shall be held after the bid opening date of May 5, 1970, to adopt such resolution or resoln- tions necessary for the consum- mation of the eaIe 01 Project Notes (SecmI.d Series 1970) to the lowest iIidde1- or bidders. Pasaed, approved and adopted this 2JIIIh day of April, 1:970. Donald R. Meyers Mayor Walter A. Pregler Wayne A.. Moldenhluer I Gl)'!ord M. CoucImran Joseph J. Bitter Councilmen April 21, 1970 iasue of ...... Dally Bond Buyer. CITY OF DUBUQUE By Leo F. Frommelt, City Clerk CounclIman Pregler moved adop- tion of the resolution. Seconded by COuncilman Bitter. Carried by the following vote: Yeas-IIfa)'or Meyers. Council- men Bitter, Couchman. Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 110.78 BE IT RESOLVED by the Cit)' Council of the Cit)' of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of CIga- rettes within the Clt)' of Dubuque, Iowa, be granted a permit to sell C"lgBrettes and CIgarette Papers within said Cit)'. Dorothy Rose Hentges, 2412 Cen- tral Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 20th day of April, 1970. Donald R. Meyers Mayor Waller A. Pregler Wayne A. Moldenhauer Gaylord M. COuchman Joseph J. Bitter Counc1Imen Attest: Leo F. Frommelt Ci!)' C1erk EXHIBIT "A" CITY OF DUBUQUE (N- of LoceI issuing AIMCy) Sealed Proposals will be re- ceived by CITY OF DUBUQUE (herein called the "Local Issuing Agency") at COnncil Chambers, City Hail, 13th and Iowa In the Cit)' of Dubuque, State of Iowa 52001, nntiI, and publicly opened at, one o'clock P.M. !E.D.S.T.) on May 5, 19'10, for the purchase of $3,235,000 of Project Notes (SEC- OND Series 1970), being Issned to aid in financing its project(s) as follows: I I Attest: Leo F. Frommelt Clt)' Clerk Councilman Bitler moved adop- tion of the resolution. Seconded by COuncilman Couchman. Cerried by the following yote: YeaS-Mayor M.,..,.., Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays......None. Amount $3.235,000. SerIes Second SerIes 19'10 MaturIty October III, 1970 The Notes will be dated June 2, 1970, wilI be payable to bearer on the Maturity Date, and will RESOLUTION NO. 111.70 bear interest at the rate or rates WHEREAs, eppIications for per allJlum fixed in the Propoasl Beer permits haye been submitted or P,-ls accepted for the pur- to this COuncil for approval and chue of I1leh Notes. the aame have been ezamIned: AIl Proposals for the purchase NOW THEREFORB, of said Notes shalI be eubmitted BE IT RESOLVED by the Cit)' ill a form IPProved by tbe Local Council of the CIty of Dubuque, Issning Ageney. Copies of ouch Iowa, that the fOlIowlng applica- form of Proposll and information tions be granted and licenses be concerning the Notes may be ob- is-.t upon the eompliance with tained from the Local Issuing the terms of the ordinances of the Agency at the address indicated Cit)'. ahoye. Detailed information with CLASS "B" BEER PERMIT respect to !be eonditlons of this I RIchard N. Stecklein, *59 West sale mI7 be òbtained frOm the Locust Street 160 Special Session, April 20, 1970 Raymond Ney,2186 Central Ave- nue Dorothy Rose Hentges, 2412 Cen- tral Avenue Passed, adopted and approved this 20th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. COuchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Cit)' Clerk Councilman Bitter moved adop- tion of the resolution. Seconded' by Councilman couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, COuchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 112.70 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 Cit)' and they haye filed proper bonds: NOW THEREFOIlE BE IT lIE- SOLVED by the Cit)' Council of I the City of Dubuque, Iowa, that the Manager be and he Is hereby directed to issue to the following named applicants a Reer permit. CLASS "B" BEER PERMIT Richard N. Stecklein, 450 West Locust Street Raymond Ney, 2186 Central Ave- nue Dorothy Rose Hentges, 2412 Cen- tral Avenue BE IT FURTHER I1ESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 20th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Cit)' Clerk Councilman Bitter, moved adop- tion of the resolution. Seconded by CounclIman Couclunan.Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchmao, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 113-70 WHEREAS, applications for LIq- uor permits have been submitted to this Council for approval and the same have been examined, , NOW, THEREFOIlE BE IT lIE- SOLVED, by the Cit)' 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 12;¡""""'s amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Raymond Ney, 2186 Central Ave- nue Dorothy Rose Hentges, 2412 Cen- tral Avenue Passed, adopted and approYed this 20th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wa7De A. Moldenhauer Gaylord M. COuchman Joseph J. Bitter COuncltmen Attest: Leo F. Frommelt Cit)' Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Cpuchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, COuchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 114-70. 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 Cit)' ordi- nances relevant thereto and they have filed proper bonds; NOW THEREFOIlE BE IT lIE- SOLVED by the City Council of the Clt)' of Dubuque, Iowa that the Manager be authorized to cause 10, Special Session, April 20, 1970 be issued to the fOllowing named applicants a Liquor permit. CLASS "C" COMMERC'AL ESTABLISHMENT Raymond Ney 2186 Central Avenue Dorothy Rose Hentges 2412 Central Avenue Passed, adopted and approved this 20th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Counc11men 161 nolds to one year terms, Mrs. James Grant, Rev. Robert Odden and William Witt to two years terms aI1 effective from April 20, 1970. Seconded by Councilman Couchman. Carried by the follow- ing Yote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. NaYS-None. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Couch- man. Carried by the fOllowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Leo F. Frommelt Cit)' Clerk ~~~~i: I ApproVed .................................... 1970 AdoPted Attest: Leo F. Frommelt Cit)' Clerk Councilman Bitter moyed adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the fOIIOWing yote: Yeas-Mayor Meyers, men Bitter, Couchman, hauser, Pregler. Nays-None. At 9:30 p.m. Mayor Meyera mov- ed that the Council go into execu. tive session to consider appoiot- ment of personnel to the Low Rent HOusing Agency. Seconded by Councilman Pregler. Carried by the fOllowing Yote: Yeas - Mayor Meyers, Council- men Bitter, CoUchman, Molden- hauer, Pregler. NaYS-None. The Council reconYened in regu- lar session at 10:16 P.M. and Coun- cilman Pregler moyed apPOintment of the fOlloWing named persons to the Low Rent Housing Agency; Mrs. Thomas Fleming and Hal Rey- I Attest: .................................................. CIty Clerk ............................................................ ............................................................ ............................................................ .."........................................................ """""""""""""""'ë~;;;;cti;;;~;:;........ 1970