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1970 October Council Proceeding Regular Sessiou, October 5, 1970 CITY COUNCIL OFFICIAL Regular Session, October 5, 1970. Council met at 7:30 P.M.. (Central Daylight Time). Persent-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. City Manager Gil. bert D. Chavenelle. 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. Communication of Executive Board of Catholic Mothers Study Club urging consideration to elimi- nate the proposed disparity in wages between Police and Fire, presented and read. Mayor Meyers moved that the communication be received and filed and referred to the City Council for furtber study. Seconded by Councilman Pregler. Carried by tbe following vote: Yeas-Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None Communication of Mrs. Melville Reddin stating that City is in no position at the present time, to create friction between the Police and Fire Departments due to dis- parity in wages, presented and read. Mayor Meyers moved that the communication be received and filed and referred to the City Coun- cil for further study. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None. Communication of Robert J. Bott, as manager of Atlantic Richfield Corporation, expressing his opinion that the fire department should have the same pay raise increase as the Police Department, being in a position to observe the work of the fireman in two recent fires at Sinclair, presented and read. Mayor Meyers moved that the communica- tion be received and filed and re- 433 ferred to the City Council for further study. Seconded by Councli- man Pregler. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None. Communication of Matt M. Roh- ner expressing opposition to the disparity in wages between the Police and Fire Departments, pre- sented and read. Mayor Meyers moved that the communication be received and filed and referred to the City Council for further study. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communciation of Dubuque Po- licemen's Protective Assn. accept- ing the suggested wage proposal and requesting an opportunity to address the Council during the sal- ary discussions, presented and read. Mayor Meyers moved that the com- munication be received and filed and referred to the City Council for further study. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communciation of Dubuque Coun- ty Chapter of the American Red Cross requesting equal pay for the firefighters due to their excellent service to the community along with the police, presented and read. Mayor Meyers moved that the com- munication be received and filed, and referred to the City Council for further study. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- man Bitter, Couchman, Molden- hour, Pregler. Nays-None. September 30, 1970 To the Honorable Mayor and City Council, This is to advise that I have ap- proved the following policy and certificate, and desire to have your approval on same. 434 Regular Session, October 5, 1970 Bond Continuation Certificate H & B American Corporation, The American Insurance Company Comprehensive Liability Anton Zwack, me., Northwestern National Insurance Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved for fil- iDg approval subject to approval of the City Attorney. Seconded by Mayor Meyers. Carried by the fol- 10wiDg vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None. Notice of Claira of Robert P. Miller, in the amount of $300, for car damage incurred as the result of said car being struck by a city garbage truck on September 16, 1970, presented and read. Council- man bitter moved that the notice of c1airo be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Meyers, Council- ::':er, ~:;;~r~OUchman, Molden. I Nays-,-None. Notice of claim of Nathan C. Bradley, in an undetermined amount, for property damage in- curred as the result of a city owned tree toppling on his home and up- rooting bis sidewalk on September 9, 1970, presented and read. Coun- cilman Bitter moved that tbe no- tiee of claim be referred to tbe City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the follow. ing vote: I Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- haner, Pregler. Nays-,-None. Notice of claim of Ricb M. Plow- man, iD the amount of $10.00, for car damage as the result of a tree falling on his car on October 3, 1970, presented and read. Council- man Bitter moved that tbe notice of clairo be referred to the City Soli<:itor for investigation and re- port. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Notice of claim of Lucille W. Becker, in tbe amount of $600, for personal injuries received in a fall on a defective sidewalk at the northwest corner of 7th & Bloff Street on September 16, 1970, pre- sented and read. Councilman Bitter moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Coucbman. Carried by tbe following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. October 2, 1970 Honorable Mayor and City Council This is to advise that in the matter of the claim of Madeline Hickson for which the City settled said claim on payment of $2,500.00 for alleged damages received by her on or about February 12, 1969, tbat tbe City secured payment of said amount from the abuttiDg pro- perty owner and return therefor has been made to the City Mana- ger's office. Respectfnlly submitted, R. N. Russo City Attorney Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Meyers, Coun<:ß. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend ZoDÍDg Or- dinance No. 3-34 so as to change portions of the following deseribed property located in the SWv. of NWV. Sec. 24, T. 89, N. R. 2E of 5 P.M. in the City of Dubuque, Iowa: Lot 1 of 1 of 2; Lot 1 of 6; Lot 2 of 7; Lot 2 of 6; Lot 3 of 6; Lot 2 of 5; Lot 2 of 1 of 5; Lot 1 of 1 of 5 and Lot 3 of 3 all in L. H. Lang- worthy's Sub. Lot 1 aud Lot 2 of M. A. Rebman's Sub. of Lot 1 of Lot 4 of L H. Langworthy's Sub- Regular Session, October 5, 1970 435 division; Lot 2 of. 2 of City Lot g¡ l: ~t.' o~fS,.i.~~ ~,oJ l:otr.r o~ 674, Lot 2 of 5 of City Lot 674, Lot i of 5, Lot 1 of 1 of 5 and Lot 3 of 2 of 1 of 3 of. City Lot 674, Lot 1 ~vl~~nlnin Lu,~ LJ\~rgf"'6~'\,.s~~ of 1 of 3 of Clty Lot 674, Lot 2 of Iowa, and Loll and Lot 2 of \:!:.A. 3 of City Lot 674, Lot 4 of City Lot fgrmtn:.'f 't'.~dIVL';g~wg'rtt~: 1u~! 674 and Lot 7 of Clty Lot 675; Lot dlvi,lon in the City of Duhuqua, 1; Lot 1 of 1 of 2; Lot 2 of 1 of 2; Iowa, and anI Lot 2 of 2 in Ducan's Sub. all ~~ 0?~~.,L~~4'of~tJ in the City of Dubuque, Iowa, from 3 S74, Lot I of 1 of 2 SiDgle Famliy Residence District ~ S¡\r~lt; 'tot.'II. ~ã Classification to Multiple Family Lot Lot S75, ail in the CIty Residence District Classification, t.tDU~~~i ~o';;':'la~ 2, Lot 2, of presented and read.. . ~ag!. 28u'1:'.t,{;:';n 2 .:ft;~ ~Mnopg~: No wrItten ObjectIOns were filed buque, fowa. and no oral objectors were pre- Section 2. That the foregoing Amend- sent in the Council Chamber at i't,~n~l~~,::;r:::-l~'.:'nl:.~'l:o~~ ~ the time set for the public hearing. the City of Dubuque, fowa. Councilman P~egl~r moved that da~a::'fe'ÕC~~~~e,'k'¡¡~d adopted thlo Bth tbe proof of pubhcatlOn be received Donald R. Meye", and filed. Seconded by Council- Mayor man Bitter. Carried by the follow- ;~~ f: .r.:;e."i:t.uer mg vote: Gaylord M. Couchman Yeas - Mayor Meyers, Council- JO~~'!,':,cfb:e~ter men Bitter, Couchman, Molden- ATTEST: hauer, Pregler. Leo Ji/&~J:'eit Nays - None. :;u.~~\-:re~e~~:~~~y 41'. 11'1:' ~'ier,ali~ tober, 1970. Lpo F. Frommelt CIty Clerk It. 10;8 Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. ORDINANCE No. 50-70 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended ,by repealing Sub- section 22 of Section A of Sehe- dule IV thereof and enacting a new subsection 22 to Section A of Schedule IV in lieu thereof to limit parking of motor vehicles on street hereinafter designated, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. I~econded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays - None. Councilman Pregler moved that the rule requiring an ordinance to be read on tbree separate days be waived. Seconded by Councilman 436 Regular Session, October 5, 1970 Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. D~oM'~'~- NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE crry OF DUBUQUE, IOWA, Section 1. known as que Iowa" Is hereby section 22 tbereo 22 to , thereo SCH A. 22. Both sides of Ciarke Ddve from North Grandvlew Ave- nue to St. Amhrose Street snd the north sIde of Ci"ke Dri" from Nodh Grandvlew to a poInt gOO feet east thereof. Passed, approved and adopted this Sth day of Octoher, 1970. Donald R. Meyers Mayor Walter Wayne Gaylord Joseph the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ATI'EST, Leo F. Frommelt City Clerk Puhllshed officially In The Telegraph. Herald Newspaper thIs 8th day of Octo- ber, 1970. It. 10/8 Leo F. Frommelt City Clerk Councilman Pre~ler moved final adontion of the Ordinance. Second- ed bv Councilman Couchman. Car- ried by the following vote: Yeas - Mayor Meeyers, Council- men Bitter, Couchman, Molden- bauer. Pregler. Nays - None. ORDINANCE No. 53-70 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing snbsection 6.1.8 of Section 6.1 of Parking Meter District A and enactinq a new Subsection 6.1.8 of Section 6.1 of Parking Meter District in lieu thereof to limit the parking of motor vehicles on Streets hereinafter designated. presented and read. Councilman Bitter moved that the reading just had be considered ORDINANCE No. 53-70 AN ORDINANCE A DING NANCE "STREET NANCE PEALING 'ION S.I AND '¡WAINED THE CITY BY THE OF DUBUQUE, IOWA, Section 1. That OrdInance No. 37-65 known as the "Street Parkin, Meter Or- dinance of Dubuque, Iowa" be and the same is - - Subsect!> trlct A 8.1.8. of lieu tho, S.I p, 6.1.8. A. , side be- ff Streets. Passed, approved and adopted this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman J"'eph J. BItter CouncIlmen ATI'EST, Leo F. Frommelt City Clerk Published officIally In The Telegraph- Herald Newspaper this 8th day of Oc- tober, 1970. Leo F. Frommelt City Clerk It. 10/8 Councilman Bitter moved final adoption of the Ordinance. Second- ed bv Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE No, 54-70 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing subsection 6.1.9 of Section 6.1 of Regular Session, October 5, 1970 437 parking meter District A, presented and read. Councilman Bitter' moved that tbe reading just bad be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that the rule requiring an ordinance to be read on three separate days be waived. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. ORDINANCE No. '4.70 AN ORDINANCE AMENDING ORDI- NANCE No. 37-<' KNOWN AS THE "S PARKING METER ORDI- NA F DUBUQUE, IOWA" BY RE- SUBSCETION S.I.' OF SEC- OF PARKING METER DIS- TRICT A. NOW THEREFORE BE IT ORDAINED BY THE crry COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. That Ordinance No. 37-85 known as the "Street Parking Meter Ordinanoe of Dubuque, Iowa" be aud the same is hereby amended by re- pealing Subsection S.1.9 of Section 6.1 of Parking Meter Distdct A and that the same be and Is hereby repeaied and of no further force or effect. Passed, approved and adopted this Sth day of October, 1970. Donsld R. Meyers Mayor Pre,ler Moldenhauer L Couchman - . -- . Bitter Counellmen ATI'EST, Leo F. Frommelt City Clerk Publlsbed officiallY In The Telegraph- Herald Newspaper this 8th day of Octo- ber, 1970. Leo F. Frommelt CIty Clerk It. IOta Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDiNANCE No, 55-70 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing 'subsection 6.2.10 of Section 6.2 of Parking Meter District B thereof, Removing both sides of Ninth Street between Iowa Street and Main Street form said Park- ing Meter District, presented and read. Councilman Bitter moved that the readiDg just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Ye" - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Couchman. Carried by tbe fol- 'owing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- h:,uer, Pregler. Nays-None. ORDINANCE No. .5-70 AN ORDINANCE AMENDING ORDI- NANCE No. 37-<. KNOWN AS THE "STREET P ORDI- NANCE OF RE- PEAL SEC- TION D~ TRICT BOTH SIDES EEN IOWA ET FROM D~ TRICT. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. That Ordinance No. 37-<. known as the "Street Parking Meter OrdInance of Dubuque, Iowa" be and the same Is hereby amended by re- pealing subsection S.2.IO of SectiOD 6.0 of Parking Meter District B and the "ffi" h. end ;s hereby repealed and of no further force or effeCt. Passed, approved and adopted this Sth day of October, 1970. Donaid R. Meyers Mayor ;:~~ :,. ~.f~~auer Gaylord M. Couchman Joseph J. Bitter Councilmen ATI'EST, Leo F. Frommelt City Clerk Published offlclslly In The Telegraph- Herald Newspaper this 8th day or 0cto- ber, 1970. Leo. F. Frommelt CIty Clerk It. 10/8 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Regular Session, October 5, 1970 Regular Session, Oclober 5. U170 439 438 5t~aJ~~dòf '8"£;::' 1;: adopted ,,>I. Donald 1\. Meyers Mayor ;~~ t. ~::;hauer G'rlord 101. co_an loseph I. Bitter Councilmen 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 of levy of Special Assessment and inten. tion of the Council to issue bonds to pay for construction of Bies Drive Sanitary Sewer from S.P.L. of Pennsylvania Avenue to N.P.L. of Lot 1 of Lot 6 of C. J. Bies Sub- division presented and read. Coun- cilman Pregler moved that the proof of publication be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Statement of City Clerk that no- tices of levy were mailed by certi- fied mail on September 9, 1970, to property owners of record accord- ing to County Auditor's roll, sub. ject to payment of assessment for construction of the Bies Drive Sani- tary Sewer, presented and read. Councilman Bitter moved that the statement be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Statement of Garry Jorgensen certifying that notices of assess- ment were posted in the assessable area of the Bies Drive sanitary sewer from S.P.L. of Pennsylvania Avenue to N.P.L. of Lot 1 of Lot 6 of C.J. Bies Sub. on September 23, 1970, presented and read. Council- man Bitter moved that the state- ment be received and filed. Se- conded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 325.70 SCHEDULE OF ASSESSMENTS. RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of Bies Drive Sanitary Sewer 1969 from S.P.L. of Pennsylvania Ave. to N. P.L. of Lot 1 of Lot 6 of C. J. Bies Street, between Green Street and Cherry Street, presented and read. Councilman Bitter moved that the petition be referred to the City Ma- nager and Electrical Inspector for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Conrad Plumbing & Heating Co. requesting permission to excavate at 901 W. 3rd Street for sewer to serve Americana Nur- sing Home, presented and read. Councilman Pregler moved appro- val of the petition. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of Albert J. Ney reo qnestiDg a refund of $150 on the unexpired portion of Class B Beer Permit No. 72 as he has discon- tinued business on September 29, 1970, presented and read. Mayor ](eyers moved approval of the re- fund and the Auditor be instructed to i&iue proper warrant. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None- Petition of Albert J. Ney re- questing a refund of $75 on the un- expired portion of cigarette license No. 64, as he has discontinued business on September 29, 1970, presented and read. Mayor Meyers moved approval of the refund and the Auditor be instructed to issue proper warrant. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Brookside Dairy Inc. requesting a refund of $37.50 on the unexpired portion of Class C Beer Permit, as they have discon- tiDued business on September 30, 1970, presented and read. Mayor Meyers moved approval of the reo fund and the Auditor be instructed to issue proper warrant. Seconded ORDINANCE No. 56-70 An OrdiDance Amending Ordi- nance No. 78 by Repealing Sec- tWn :t1 thereof and enacting a new Section 31 in lieu thereof to prohibit giving a false or fradu- 1el1t report of . crime, a fire, or an accident by calling any peace officer, pby.ician, hospital, am- bulance service or fire depart- I ment, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance Seconded by Council- man Bitter. Carried by the follow- ing vate: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Prepel'. Nays-None. Councilman Couchman moved t1Iat the rule requiring reading of an Ordinance on three separate days be waived. Seconded by Mayor Meyers, Carri.ed by tbe following vote: Yea. - Mayor Meyers, COUncil- ¡¡¡.en Bitter, Couchman, Molden- "auer, Pregler. Nays - None. ORDINANCE 1(0. 5..,8 AM OR' NA 'no At OF OR '" Tbe Tele...""'- this 8th day of Octo- Leo. F. FrommeU City Clerk It. 10/8 Conncilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Navs - None. Petition of Patrlclc M. Sum. van, requesting permission to con- duct the annual bomeeomiM pa- rade on October 15th for Wahlert High School, preaented and read. Councilman Couchman mwed that the petition be granted and reo ferred to the City Manager. Sec. onded by Coun<ilman Bitter. Car- ried by the following vote: Yea8 - Mayor Meyers, COUn- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Wayne T. Lewis re- questing t"at the alley running east and west between Center Place and Race Street and north of W. 11th Street be made suit- able for traffic, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Staff for investi- gation and report. Seeonded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None. Petition of Peoples Natural Gas requesting permission to excavate at 2354 Lincoln Ave., presented and read. Councilman Bitter moved approval of the petition. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of Frank L. Rokusek et al (9 signers) requesting the instal- lation of a street light on Avoca FRAUDULENT tlonally and without -- give a faloe or fraudu- ,"t ,pnort of , or¡"'-". a fire, or an ;~~~~:n,h'ho~~;\! :~tJ."::' ::~~: or ft,.. den-rlmpnt, or by "rv'ne or sounding and alann, 0' by perfonoln. a.,. act - or ala' commu mation . -..- --. or an aceldent to -... r--'- ----- phys'clan. hosoital. amhulance ..rvlce, or fl.. department. knowing such In- formation to be fal.. or fraudulent. .- he guilty of a mlsdemeann, and upon conyl-tlo" shall he fined not mM' than $100.0/1 or IMorisonpd 1n the county .Iall not mo"" than tblrty "., da". However. not.h'ng heraln shaU p...nut c"",munlc,tlon of such false "' ","""'^nt 'n'o~'ti^n II. at the tlm. of the communIcation. tho com munlcant explains the .ource of tho In'onnatlon and the detalla relevant Ihe,..\<>. -- -- TOTAL QUANTITIES 8" V.T.P. 1205.55 @5.18 Y Branches 6 @ 10.00 ..... 4" C.L Stubs 5 @ 10.00 . Manholes Sidewall 67.5 @ 24.00 Drop Manhole Appurt. 1 @ 250.00 Manhole Base 5 @ 65.00 ............".... Manhole R. & C. 5 @ 65.00 ....".... Manhole Tap 1 @ 50.00 ....................................................... Concrete Curb & Gutter 41.6 @ 3.50 'Crushed Rock 0/4" 171.20 @ 2.00 Crushed Rock 0/4" 60. @ 2.50 Seeding 3701 @ .25 .................. Sodding 1536.66 @ 1.00 .......... 'Extra Work 1 @ 13.00 .................................................................... 'Extra Stone I'h" 28 @ 2.50 ....... 'Extra Repair Manhole 1 @ 25.00 Total Cost ......" .0969% Eng. .. 5% - 52 days 440 Regular Session, October 5, 1970 Sub. by Fondell & Sons me. con- \ real estate all as named, situated tractor, in front of and adjoining and owned, and for the several the same, a special tax be and is amounts set opposite each lot or hereby levied on the several lots, parcel of real estate, as set forth and parts of lots and parcels of in the following schedule: BIES DRIVE SANITARY SEWER-1969 from S.P.L. of Pennsylvania Ave. to N,P,L. of Lot 1 of Lot 6 of C. J. Bies Subdivision. Dubuque Bible Church 2 C. J. Bies Sub. Block 1 ............................$ 792.29 Kenneth T. & Donna K. Brandel 3 C. J. Bies Sub. Block 1 . ...... 792.29 Nellie Bies 4 C. J. Bies Sub. Block 1 ............................................ 792.29 Nellie Bies 5 C. J. Bies Sub. Block 1 ............... .....""" 944.25 Nellie Bies 1-6 C. J. Bies Sub. Block I ..........., ...................". 792.29 Leo & Lavon Meyer 2-2 N.W.¥4-N.E.¥4-Sec. 28T.89NR2E ...... 1,188.45 Kenneth & Patricia Strong 2-2-1-1-2 N.W.¥4-N.E.¥4-Sec. 28T.89NR2E .."'" 792.29 Nellie Bies 1-2-1-1-2 N.W.¥4-N.E.¥4-Scc. 28T89NR2E ..............,..... 792.29 Harold & Delores Daniels 2-1-2 N.W.¥4-N.E.¥4-Sec. 28T.89NR2E 792.29 Frank & Dorothy Miller ('h) 1 Sylvan Place .... ..... ... 2,773.02 Delbert & Joan Miller ('h) 1 Sylvan Place ................................ $10,451.75 6,244.75 60.00 50.00 1,620.00 250.00 325.00 325.00 50.00 145.00 342.00 150.00 925.25 1,536.66 13.00 70.00 25.00 ................................................$12,132.66 1,176.41 87.62 Miller Share 8" V.T.P. 246 @ 5.18 4" C.I. Stub 1 @ 10.00 Manhole Sidewall 27.4 @ 24.00 Manhole Base 1 @ 65.00 .......... Manhole Ring and Cover 1 @ 65.00 Seeding 335 sq. yd. @ 0.25 $13,396.69 1,274.28 10.00 657.60 65.00 65.00 83.75 $ 2,155.63 323.34 15.57 15% Eng. 5% - 52 days $ 2,494.54 Total ............................................$13,396.69 Less City Share ....."................. 450.40 Less Miller Share .."................" 2,494.54 Assessable .................................... 10,451.75 All of which Is assessed in proportion to the special benefits conferred. Regular Session, October 5, 1970 Passed, adopted and approved this 5th day of October 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 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. Proofs of Publication, certified to by the Publishers, of notice of pub- lic hearing to consider a proposal to authorize the issuance of sewer bonds in the amount of $12,500 to pay for assessed cost of construct- ing Bies Drive Sanitary Sewer 1969 from S.P.L. of Pennsylvania Ave- nue to N.P.L. of Lot 1 of Lot 6 of C. J. Bies Subdivision, presented and read. Councilman Pregler moved that the proofs of publication be re- ceived and filed. Seconded by Ma- yor Meyers. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 326-70 RESOLUTION PROVIDING FOR THE ISSUANCE OF SEWER BONDS FOR THE PURPOSE OF PROVIDING FOR THE PAY- MENT OF THE ASSESSED COST OF THE IMPROVEMENT OF BIESD~SANITARYSEWER -1969-FROM S.P.L. OF PENN- SYLVANIA AVENUE TO N.P.L. OF LOT 1 OF LOT 6 OF C. J. BOO SUBDNlSION. Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified tbe completion tbere- of to the City Council and the City Council has ascertained the cost thereof and has determined that $12,946.29 Dollars of the cost there- 441 of shall be assessed against the pro- perty subject to assessment there- for; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob- jections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the improvement of Bies Drive Sani- tary Sewer-1969-from S.P.L. of Pennsylvania Avenue to N.P.L. of Lot 1 of Lot 6 of C. J. Bies Sub- division. there shall be issued sewer bonds ;n the amount of $12,500.00 Dol- lars in anticipation of the deferred payment of assessments levied for sueh improvement. 2. Such bonds shall be called sewer bonds; and shall bear the date of November 5, 1970; and shall be numbered consecutively; and they shall be numbered, di- vided into series, and be in such denominations and for such matur- ity dates as are shown in the fol- lowing table: Series No. I, Bond No.3, Bonds in Series 1567-1569, Den. $500.00, Matur. April 1, 1970, Amount $1,500.00 Series No.2, Bond No.3, Bonds in Series 1570-1572, Den. $500.00, Matur. April I, 1971, Amount $1,500.00 Series No.3, Bond No.3, Bonds in Series 1573-1575, Den. $500.00, Matur. April 1, 1972, Amount $1.500.00 Series No.4, Bond No.3, Bonds in Series 1576-1578, Den. $500.00, Matur. April 1, 1973, Amount $1,500.00 Series No.5, Bond No.3, Bonds in Series 1579-1581, Den. $500.00, Matur. April 1, 1973, Amount $1,500.00 Series No.6, Bond No.2, Bonds in Series 1582-1583, Den. $500.00, Matur. April 1, 1975, Amount $1,000.00 !IIIIIIIIIIIIII_, _~I ííl~!!III.I.1 442 Regular Session, October 5, 197Ò Series No.7, Bond No.2, Bonds in Series 1584-1585, Den. $500.00, Matur. April 1, 1976, Amount $1,000.00 Series No.8, Bond No.2, Bonds in Series 1586-1587, Den. $500.00, Matur. April 1, 1977, Amount $1,000.00 Series No.9, Bond No. 2, Bonds in Series 1588-1589, Den. $500.00, Matur. April 1, 1978, Amount $1,000.00 Series No. 10, Bond No.2, Bonds in Series 1590-1591, Den. $500.- 1 00, Matur. April 1, 1979, Amount $1,000.00 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semiannually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable iD any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated thereiD at the option of the City of Dubuque and shall be in sub- stantially the following form: No. .................................... Series No. ........................ CITY OF DUBUQUE SEWER BOND The City of Dubuque in the State of Iowa promises to pay herein- after mentioned to the bearer here- of, the sum of five hundred dollars with interest thereon at the rate of seven per cent per annum, pay- able semiannuallY, on the presen- tation and surrender of the iDter- est coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in tbe City of Du- buque, in the State of Iowa. This bond is issued by the City of Du- 1 buque under and by virtue of Chapter 396 of the 1966 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on tbe fiftb day of October, 1970, be- ing Resolution No. 326-70. This Bond is one of a series of twenty-five bonds, all for $500.00 nnmbered from 1567 through 1591, all of like tenor and date, and is- sued for the purpose of providing for the payment of the assessed cost of the improvement of Bies Drive Sanitary Sewer-I969-from S.P.L. of Pennsylvania Avenue to .. N.P.L. of Lot 1 of Lot 6 of C. J. Bies Subdivision. as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1282 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that ali the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happen- ed, and performed, iD regular and due form, as required by law and said Resolution, and for the assess- ment, collection and payment here- on of said special tax, the full faith and diligence of said City of Du- buque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council bas caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this fifth day of October, 1970. Donald R. Meyers Mayor Leo F. Frommelt City Clerk (Form of Coupon) On the ................................ day of ............................................, the City of Dubuque, Iowa, promises to pay to the bearer, as provided iD said bond, the sum of .............................. Dollars, in the office of the City Treasurer in the City of Dubuque, being ........."......... months' interest due that date on its Bond No. dated .......................................... Mayor -..................................-...... City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by Regular Session, October 5, 1970 443 law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 128 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by re- gular United States mail addressed to the last known address of the purchaser. Passed, adopted and approved this fifth day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Coucbman Joseph J- Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- bauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for con- struction of John F. Kennedy Road sanitary sewer from Spring Valley Road to 32nd Street-east side, pre- sented and read. Councilman Bitter moved that the proof of publica- tion be received and filed. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- bauer, Pregler. Nays-None. Statement of City Clerk certify- ing that notices of public hearing on resolution of necessity were mailed by certified mail on Sep- tember 9, 1970, to property own- ers of record subject to payment of cost of constructing the John F. Kennedy Road sanitary sewer from Spring Valley Road to 32nd Street-east side, presented and read. Councilman Bitter moved that the statement be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing 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 Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mr. Don Lathem of 3078 Ken- nedy Road spoke of the extra cost involved in putting tbe sewer in the street rather than in the rear of their property. Mr. John Kob- nen stated that the people agreed that the sewer should be put in the street as now figured. In his opinion he cost would not be less if the sewer was put in the street wbere it really belongs. Mr. Ar- thur Barnhart of 3150 J.F.K. Road thought the sewer would cost less if placed to the back of their pro- perties which would entail less dig- ging on their part. Mr. James Pfef- fer was of the opinion that con- struction of the sewer as present- ly pianned is too costly- Councilman Couchman moved that due to the evident disagree.. ment among the property owners involved in the construction of tbe John F. Kennedy Road sanitary se- wer the matter be referred back to the City Manager and Engineering Department. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of pen- dency of resolution of necessity for public improvements and hearing 444 Regular Session, October 5, 1970 upon proposed plans and specifi- cations, form of contract and cost of improvements for construction of a Municipal Equipment Garage, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time of the public hearing. Councilman Pregier moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregier. Nays - None. NECESSITY FOR IMPROVEMENT RESOLUTION No. 304-70 WHEREAS, proposed plans, 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 improvement. 2. An estimate of the cost of the improvement for the Construction of the Municipal Equipment Ga- rage. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and ne- :~~ryt~~r ~~r~i~Ut;;.i~nt~:~~a¡c i~ I provement, and unless property' owners at the time of final con- sideration of this proposed resolu- tion 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 improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on fil^ with the City Clerk. The cost and expense of making said improve- ment will be paid from the Road Use Tax Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 8th day of September, 1970. Approved and place on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution we, fi- nally passed and adopted, as pro- posed, by the City Council this 5th day of October 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 Pregler moved final 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 ORDERING CONSTRUCTiON RESOLUTiON No. 327-70 BE lT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 304-70 which was duly passed by this Council for the construction of the Municipal Equipment Garage. Be and the same are hereby or- dered constructed by the Council upon its own motion and with or without the petition of property owners. All work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the Office of the City Clerk. Be it further resolved that the cost and expense of said improve- ment be paid from the Road Use Tax Fund. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Pos;ed, adopted and approved this 5th day of October, 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 Pregler moved adop- tion of the resolution. Seconded Regular Session, October 5, 1970 445 by Councilman Couchman. Carried I by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hàuer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of receipt of bids for con- struction and erection of the Mu- nicipal Garage Building to be lo- cated at 11th Street Extension, presented and read. Councilman Bitter moved that the proof of pub- lication be received and filed. Se- conded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. October 5, 1970 To the Honorable Mavor and City Council . In accordance with published no- tices, bids were received at 11:00 A.M. DST today Monday, Octcber 5, 1970. Seven Dubuque general contractors bid on the complete work for the proposed new Muni- cipal Garage. Only three thou53nd dollars difference separated the first six bidders and this indicated the highly competitive bidding market we are experienceing to- day. The lowest base bid was rejected as it did not comply with the legal bidding requirement which re- quired sales tax in the proposal. The low bid was submitted by the Willy Construction Company of Dubuque, one of the qualified con- tractors for this project. The Base Bid and alternates of the recom- mended general contractor for award are as follows: Base Bid ..........................$176,181.00 Alternate 1 Controls for gas and oil tanks ....$3,251.00 Alternate 2 Oil tanks and pumps ..........-........... 9,320.00 Alternate 3 Sewer and Water ...................... 3,535.00 Alternate 4 Seven electrically ope- rated doors.. 2,821.00 Alternates 1, 2, 3 and 4 18.927.00 Total Building and Exterior Alter- nates ..........$195,108.00 The estimate for the building was establisbed some months ago at $163,000.00 and this was exceed- ed by eight percent (8%). The es- timates for the exterior alternates for gas tanks, pads, pumps, elec- tronic controls, etc. were higber than the estimates and therefore the entire project is $19,108.00 more than was anticipated. After a review of the proposals and conferences with the engineers and architects, I recommend the project be accepted. The bidding indicated very keen competitive- necs at this time and the low bid appears very favorable. The build- ing including complete heating, ventilating, plumbing and electri- cal work, set on piling, is priced at $6.52 per square foot. This is an exceptional good price and should not be passed up at this tic,e. I sincerely believe nothing could be gained by any delay but rather we would lose to escalation. Please accept my recommenda- tion to proceed at once with the fall project with this much needed city facility. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that t~e communication be received and fiJed. Seconded by Councilman Coucbman. Carried by the follow- ing vote: , Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauor, Pregler. Nays - None. (Awarding Contract) RESOLUTiON No. 328-70 WHEREAS. sealed proposals have been submitted by contractors for the Following improvement: MUNICIPAL GARAGE FOR CITY OF DUBUQUE pursuant to Resolution No. 327-70 and notice to bidders published in a newspaper published ÍD said City on Sept. 11, 1970 and Sept. 18, 1970; and WHEREAS, said sealed proposals were opened and read on October 5, 1970, and it has been determined that the bid of Willy Construction Company of Dubuque, Iowa in the amount of $195,108.00 was the low- est bid for the furnishing of aD 446 Regular Session, October 5, 1970 labor and materials and perform- County-City Law Enforcement Cen- ing the work as provided for in the ter Building to be jointly used by plans and specifications; now the County and the City for law therefore, enforcement purposes; and BE IT RESOLVED by the City WHEREAS the county seat of Council of the City of Dubuque Dubuque County, Iowa, is located that the contract for the above within the corporate limits of the mentioned improvement be award- City of Dubuque, Iowa, and pur- ed to Willy Construction Company suant to authority contained in and the Manager be and he is Sections 368.19 to 368.23, inclusive, bereby directed to execute a con- <If the Code of Iowa, 1968, as tract on behalf of the City of Du- amended, officials of the City and buque for the complete perfor- the County have approved the mance of said work. terms of an agreement for the BE IT FURTHER RESOLVED, construction and equipment of a that upon the signing of said con- new Joint County-City Law En- tract and the approval of the con- forcement Center Building and for tractors bond the City Treasurer its joint use and occupation by the is autborized and instructed to re- City for city law enforcement pur- turn the bid deposits of the un- poses and by the County for conn- successful bidders. ty law enforcement purposes; and Passed and adopted this 5th day WHEREAS said agreement has of October 1970 been duly approved by a resolu- 'Donaid R. Meyers tion .adopted by the Board of Su- Mayor pervlSors of Dubuque County, Iowa, Walter A Pregler and by an ordinance adopted by Wayne A. Moldenhauer the City Council of the City of Gaylord M. Couchman Dubuque, Iowa; and Joseph J. Bitter WHEREAS the estimated cost of Councilmen comtructing and equiping said Law Attest: Enforcement Center BuildiDg is Leo F. Frommelt $1,025,000 and it has been deter- City Clerk mined that the City's portion of . the cost of constructing and equip- Counctlman Moldenhauer moved ping said building aggregates adoption of the resolution. Seco?d- $300,000; and ed by Counc1lman BItter. CarrIed WHEREAS under the provisions by the followmg vote: . of Section 368.20 of the Code of Yeas :- Mayor Meyers, Council- Iowa, 1966, as amended, the City men BItter, Couchman, Molden- of Dubuque, Iowa, is authorized to hauer, Pregler. issue its bonds to pay its portion Nays - None. of the cost of this project, but the RESOLUTION No. 329-70 proposition of issuing such bonds RESOLUTION ordering an elec- must first be submitted to and ap- tion on the proposition of is- proved by the voters of said City; suing bonds to the amount of and $300,000 for a Joint County-City. WHEREAS registrat.ion of vote~s Law Enforcement Center Build- IS requlfed for elections held m ing. said City and elections therein are WHEREAS the existing city jail governed accordingly; facilities of the City of Dubuque, NOW, THEREFORE, Be It Re- Iowa, and the existing county jail solved by the City Council of the facilities of Dubuque County, Iowa, City of Dubuque, Iowa, as follows: are inadequate, inefficient and an- Section 1, That a special elec- tiquated and do not meet the pub- tion is hereby called and ordered lie needs for the law enforcement to be held in and for the City of purposes; and Dubuque, Iowa, on the 3rd day of WHEREAS the most economical November, 1970, at wbich there solution to the problem of provid- shall be submitted to the qualified ing satisfactory facilities appears electors of said City, to be by them to lie in a cooperative effort by the voted upon. the proposition of is- County and the City for the con- suing bonds of said City in the ~ruction and equipment of a Joint sum of $300,000 to pay its portion Regular Session, October 5, 1970 of tbe cost of constructing and eqnipping a building to be jointly acquired, constructed, equipped, used and occupied by Dubuque, County, Iowa, and the City of Du- buque, Iowa. for county and city law enforeement purposes. Section 2. That for said election on said proposition the City shall be divided into seventeen voting precincts as prescribed for regular elections in said City, the boun- daries of which shall be as de- limited by Ordinances Numbered 7-69 of said City. The polls shall be kept open from seven o'clock in the morning until eight o'clock iD the evening, Central Standard Time, and the polling places with- in the respective election preciDcts shall be as follows: Voting Precincts Polling places First, Bryant School, 1280 Rush Street Second, Washington Jr. High School, 51 N. Grandview Avenue Third, Franklin School, 39 Bluff Street Fourtb, County Court House, 7th & Central Avenue Fifth, Lincoln School, 1101 W. 5th Street Sixth, No.4 Fire Station, University & Atlantic Streets Seventh, City Hall, 13th & Central Avenue Eighth, Meat Cutters Union Build- ing, 1111 Bluff Street Nintb, Fire Station, 18th & Centra] Avenue Tenth, Board of Education Build- ing, 1500 Locust Street Eleventh, Wahlert Higb Scbool, 2005 Kane Street Twelfth, Fulton School, 2540 cen-I tral Avenue Thirteenth, Holy Ghost School, 2901 Central Avenue Fourteenth, Audubon School, 535 LÍDcoin Avenue Fifteenth. Marshall School, 1450 Rhomberg Avenue Sixteenth, Irving School, 2520 Pennsylvania Avenue Seventeenth, John F. Kennedy School, 2135 Woodland Drive Section 3. That the Mayor is hereby authorized, empowered and instructed to issue a proclamation and notice of the calling of said special election on said proposition, and of the time and place thereof. by publication thereof once each 447 week for three consecutive weeks and on the same day of each week in the "Telegraph- Herald", a le- gal newspaper printed and pub- lished in said City and having a general circulation within the City and the County, which notice shall be in suhstantially the following form: MAYOR'S PROCLAMATiON NOTiCE OF SPECIAL ELECTION DUBUQUE, IOWA PUBLIC NOTICE is hereby given that a special city election has been called and ordered to be held in the City of Dubuque, Iowa, on the 3rd day of November, 1970, from seven o'clock A.M. to eight o'clock P.M., Central Standard Time, at which there will be submitted to the electors of said City, to be by them voted upon, the proposition of issuing bonds of said City iD the sum of $300,000 to pay its portion of the cost of constructing and equipping a building to be jointly acquired, constructed, equipped, used and occupied by Dubuque County, Iowa, and the City of Du- buque, Iowa, for county and cíty law enforcement purposes. At said election voting machines will be used and ballots prepared therefor will have the proposition printed thereon iD substantially the following form: (Face of Ballot) (Notice to Voters: For an affir- mative vote upon the question submitted, pull down the lever above the word "Yes". For a negative vote vote pull down the lever above the word "No".) SHALL THE FOLLOWING MEA- SURE BE ADOPTED? YES NO Sball the City of Dubuque, Iowa, issue bonds in the sum of $300,000 to pay its portion of constructing and equipping a building to be jointly acquired, constructed, equipped, used and occupied by Dubuque County, Iowa, and by the City of Dubu- que, Iowa, for county and city law enforcement purposes? For said election the City shall be divided into seventeen election precincts, the boundaries of which shall be as delimited by Ordinances Numbered 7.69 of said City. The polling places within the respective election precincts will be as fol- lows: 448 Regular Session, October 5, 1970 Voting Precincts Polling places First, Bryant School, 1280 Rush Street Second, Washington Jr. High School, 51 N. Grandview Avenue Third, Franklin School, 39 Bluff Street Fourth, County Court House, 7th & Central Avenue. Fifth, Lincoln School, 1101 W. 5th Street Sixth, No.4 Fire Station, Univer- sity & Atlantic Streets Seventh, City Hall, 13th & Central Avenue Eighth, Meat Cutters Union Build- ing, 1111 Bluff Street Ninth, Fire Station, 18th & Central Avenue Tenth, Board of Education Build- ing, 1500 Locust Street Eleventh, Wahlert High School, 2005 Kane Street Twelfth, Fulton School, 2540 Cen- tral Avenue Thirteenth, Holy Ghost School 2901 Central Avenue Fourteenth, Audobon School, 535 Lincoln Avenue Fifteenth, Marshall School, 1450 Rhomberg Avenue Sixteenth, Irving School, 2520 Pennsylvania Avenue Seventeenth, John F. Kennedy School, 2135 Woodland Drive All (jehlified electors of said City are hereby notified to appe3\' at said election, each to vote at the polling place of the election precinct in which such elector re- sides, or as permitted by statute. This Notice is given by order of the City Council of the City of Dubuque, Iowa, pursuant to Sec- tion 368.20 of the Code of Iowa, 1966. Dated at Dubuque, Iowa, this 5th day of October, 1970. Donald R. Meyers Mayor Attest: Leo F. Frommelt City Clerk Section 4. That the City Clerk be and he is hereby authorized and instructed to cause ballots for vo- ting on said proposition to be pre- pared in substantially the form pro- vided in Section 3 hereof in such size as will permit the same to be inserted in the proper place in each voting machine. Voters shall be instructed as to the use of such voting machines as by law provid- ed. Section S. That the City Clerk shall have ballots for absent voters prepared to be used for voting on tbe aforesaid proposition on yellow colored paper in substantially the following form, and with the facsi- milie signature of the City Clerk in the space provided therefor on the back of the ballots: (Face of Baliot) (Nolice to Voters: For an affir- mative vote on the question sub- mitted upon this ballot make a cross (x) mark or check (,I) in the square after the word "Yes". For a negative vote make a siroi- lar mark in the square following the word "No".} SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED? Shall the City of Dubuque, Iowa, issue bonds in the sum of $300,000 to pay its portion of the cost of constucting and equip- ping a building to be jointly ac- quired, constructed, equipped, used and occupied by Dubuque County, Iowa, and by the City of Dubuque, Iowa, for county and city law enforcement pur- poses? YES NO (Back of Ballot) OFFICIAL ABSENT VOTERS BAL- LOT for Law Enforcement Center Building Bond Proposition Special Eelection, Dubuque, Iowa ....' ...................., Voting Precint ............, """"","""', Polling Place November 3, 1970. (Facsimile Signature) City Clerk Section 6. That for said election the Judges and Clerks of election in the respective election precincts ,hall be as follows: Election Precinct Judges, Clerks First, Mrs. James Gregory, Mrs. Gil. Hingtgen, Mrs. Vivian White, Mrs. Ralph Ruden, Mrs. Louise Ra- foth. Second, Mrs. Helen Sisler, Mrs. Odelia Gartner, Mrs. Louise Riedel, Mrs. Ed. Schuster, Mrs. Carol Ricb- ardson. Third, Mrs. Vi. Rettenmeier, Mrs. Elizabeth Miller, Mrs. Eunice Kilby, Mrs. Anna Kingsley, Mrs. Edna Wunderlich. Regular Session, Octnber 5, 1970 449 Fourth, Mrs. Lucille Hantlemann, Mrs. Eugene Mesch, Mrs. Louise Blum, Mrs. Laura Barry, Mrs. Rose Beddow. Fifth, Mrs. Clarence Vogel, Mrs. Frank Kubesheski, Mrs. Cleadytb Forby, Mrs. Emil Nebel, Mrs. Grace Chambers. Sixth, Mrs. Jane Bell, Mrs. Helen Kaune, Mr. Milton Frohs, Mrs. Eve- lyn Zwack, Mrs. Frances Ragatz. Seventh, Mrs. Hilda Lucas, Miss Mary Clemens, Mr. Leo Feller, Mrs. Veronica Melssen, Mrs. Mae Justmann. Eighth, Mrs. Frances Heles, Mr. Raymond Welu, Mrs. Ann Hubbard, Miss Leta Conley, Mrs. Jane Fuhr- man. Ninth, Mrs. Kathleen Kruse, Mrs. Ethel Schroeder, Mrs. Linda Gras- horn, Mrs. Helen Jestel, Mrs. Gene- va Knapp. Tenth, Mrs. Mary Behr, Mrs. Do- rothy Frommelt, Mrs. Harold A. Cornett Sr., Mrs. Ann Haupert, Mrs. Joanne Smith. Eleventh, Eleanor Pfiffner, Ei- leen Newton, Mrs. Dorothy Grubb, Mrs. Alice Skinner, Mrs. Hilda Kempter. Twelfth, Viola Meyers, Lucille Hannig, Mrs. Ida Biehl, Mrs. Pearl Sartor, Mrs. Alberta Knoernschild. Thirteenth, Mrs. Rose Gulick, Mrs. Marie Welu, Mrs. George Beck, Mrs. Freda Foell, Mrs. Lor- raine Quade. Fourteenth, Mrs. Lucille Murphy, Mrs. Nora Hense, Mrs. Nancy Zur- cher Miss Loretta McAndrews Mrs. Amanda Millius. Fifteenth, Mrs. Grace Strohme- yer, Mrs. Juanita Baker, Mrs. Ger- trude Ihrcke, Mrs. Leona Jochum, Mrs. Helen Pape. Sixteenth, Mrs. Ardelle Giunta, Mrs. Cindy Connery, Mrs. Wilma Beckwith, Mrs. Melita Buenker, Mrs. Marie Johnson. Seventeenth, Mrs. Joanne Scan- nell, Mrs. Barbara Abrams, Mrs. Adele Siemers, Mrs. Jeanette Lynch, Mrs. Verna Butt. The foregoing are proper per. sons so to act in accordance with Sections 49.12 et seq. of Chapter 49, Code of Iowa. Upon the closing of the polls for said election, said Judges and Clerks shall file reports of the results of the vote on said proposition with the City Clerk in order that such results may be canvassed and officially declared by this Council. Section 7, That this Council meet on the next (secular) day following the day of said election, at the City Hall within said City, at 5:00 o'clock P.M., to canvass and declare the results of said election. Section 8, That all resolutions or parts of resolutions in conflict berewith be and tbe same are here- by repealed. Section 9. That this resolution be in force and effect immediately upon its passage and approval. Passed and approved October 5th, 1970. Donald R. Meyers Mayor Attest: Leo F. Frommelt City Clerk Recorded October 5th, 1970. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Coucbman, Molden- hauer, Pregler. Nays - None. October 5, 1970 Honorable Mayor and Council Membera The City Planning and Zoning Commission has reviewed tbe final plat of Lot I and Lot 2 of Block 16 in Dubuque Downtown Plaza, City of Dubuque, Iowa. The Commission has found that the plat is in accord with the Ur. ban Renewal Plan for the City of Dubuque, Iowa, and meets the mini- mum requirement of the Ordi- nance. It Is the recommendation of the Commission that tbe proposal be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Years-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None. 45ò Regular Session, October 5, 197ð RESOLUTION NO, 330.70 DEDICATING CERTAIN LOTS IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA FOR STREET PURPOSES WHEREAS, under date of July Z6, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occupants, demolished and removed site im- provements, and has otherwise pre- pared certain land for reuse pur- pose; and WHEREAS, a plat dedicating certain lots for street purposes has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAs, said plat has been examined by the Planning and Zon- ing Commission of the City of DU-¡ buqw>, Iowa, and has its approval endorsed thereone; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Du- buque, governing the suMivision of real estate in the City of Du- buque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I, That the plat dated September 29, 1970, dedicating Lot 2 of the subdivision of City Lot 97, in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Profes- mODal Civil Engineer and Land Sur. Jeyor, be and the same is hereby approved, and the dedi<:ationa of said Lot for public street purposes as West Fifth Street with ease- menta fir public utilities as the some .appears upon said plat, be and the same are hereby accepted. Sectløn 2. That the Mayor and Ci1)' Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, lowa. Section 3. That the City Clerk be and is hereby authorized and directed to file a eopy of this Reso- lution in the Office of the County BI!ftIrder in and for Dubuque Coun- tJ. i<7Wa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of October, 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 adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Years-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None. RESOLUTION NO. 332.70 APPROVING A PLAT IN DUBUQUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of Amerira en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants, demolisbed and removed site improvements, and has otberwise prepared certain land for reuse purposes; and WHEREAS, a plat of Lot 1 of Block 16 in Dubuque Downtown Plaza being comprised of Lot 1 of City Lot 97, and of the Southerly One Half {)f City Lot 98, and of the Northerly One Half of City Lot 98 and of Lot 1 of Southerly One Half of City Lot 99 each in the City of Dubuque, Iowa, has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, a plat of Lot 2 of Block 16 in Dubuque Downtown Plaza being comprised of Lot 2 of the Southerly One Half of City Lot 99, and of the Northerly One Half of City Lot 99, and of the Southerly One Half of City Lot 100 and of the Westerly 94 feet of the Northerly One Half of City Lot 1110 and of the Easterly 20 feet of the Northerly One Hali of City Lot 1110 eaœ in the City of Dubuque, Iowa. has heen enmined by the Citr R~Sesmm,Oct~r5,Wm Council of tbe City of Dubuque, Iowa; and . WHEREAS, said plat has been examiDed by the Planning and Zoning Conunission of tbe City of Dubuque, governing the subdivi- sion of real estate in tbe City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That tbe plat of Lot I of Block 16 and Lot 2 of Block 16 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated Sep- tember 29, 1970, by Carl F. Bartels a Licensed Professional Civil En- gineer and Land Surveyor, be and the same is here approved. SectÎGn 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authoring and direct- ed to file a copy of this Resolution in the Office of the County Record. er in and for Dubuque County, Iowa, and in the Office of the City Asses- sor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 5tb day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A Moldenhauer Gaylord M. Couchman 10seph 1. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Years-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None. RESOLUTION NO. 331.70 SUBDIVIDING CERTAIN LOTS IN THE DOWNTOWN URBAN RE- NEW AL PROJECT AREA FOR PUBLIC RIGHT-OF-WAY AND OTHER PURPOSES WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en. tered into a Loan and Capital Grant Contract for the undertaking of 451 the Downtown Urban Renewal Pro- ject, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants, demolished and removed site improvements, and has otherwise prepared certain land for reuse purposes; and WHEREAS, a plat subdividing certain lots for public right.of-way and other purposes has been ex- amined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zon- ing Commission of the City of Du. buque, Iowa, and has Its approval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Du- buque, governiDg the subdivision of real estate in the City of Du- buque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section 1. That the plat dated September 29, 1970, of the sub- division of City Lot 97 in the City of Dubuque, Iowa, by Carl F. Bar- tels, Licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section .3. That the City Clerk be and is bereby authorized and di- rected to file a copy of this Resolu- tion in the Office of the County Recorder iD and for Dubuque Coun- ty, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 5tb day of October, 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 adop- tion of the resolution. Seconded by 452 Regular Session, October 5, Í970 Councilman Couchman. Carried by tbe following vote: Years-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None. RESOLUTION NO. 333-70 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 City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordiDances of the City. CLASS "B" BEER PERMIT Disabled American Veterans Club, Inc., 2600 Dodge Street Plaza 20 Joseph Reisdorf, 601 Rhomberg Avenue Cyril J. Fries, 201 East 22nd Street Ðonald C. Briroeyer, 1100 LiDcoln Avenue Doris J. Tigges, 2776 Jackson Street Holiday Oil Distributing, Inc., 665 Dodge Street CLASS "C" BEER PERMIT Kopple Market, me., 1098 Univer- sity Avenue Brookside Dairy, loc., 2311 Wind- sor Avenue. Passed, adopted and approved this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Na_None. RESOLUTION NO, 334-70 WHEREAS, applications for Beer Permits were filed by the witbiD named applicants and they have re- ceived the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE, Be It Re- solved by the City Council of tbe 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 Disabled American Veterans Club, Inc., 2600 Dodge Street Plaza 20 Joseph Reisdorf, 601 Rhomberg Avenue Cyril J. Fries, 201 East 22nd St. Donald C. Brimeyer, 1100 Lincoln Avenue Doris J. Tigges, 2776 Jackson St. Holiday Oil Distributing, Inc., 665 Dodge Street CLASS "C" BEER PERMIT Kopple Market, Inc., 1098 Univer- sity Avenue Brookside Dairy, Inc., 2311 WiDd- sor Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer,Pregler. Nays-,-None. , RESOLUTiON NO. 335.70 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE Be It Re- solved by the City Council of the Regular Session, October 5, 1970 453 City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123 - as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Cyril J. Fries, 201 East 22nd St. Holiday Oil Distributing, Inc., 665 Dodge Street Passed, adopted and approved this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by tbe following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None. RESOLUTION NO. 336-70 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were iDspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE Be It Re- solved by the City Council of Du. buque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor .Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Cyril J. Fries, 201 East 22nd St. Holiday Oil Distributing, Inc., 665 . Dodge Street Passed, adopted and approved this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayors Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Na_None. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None. Leo F. Frommelt City Clerk Approved 1970 Adopted 1970 ............................................................ .................."........................................ """""""""""""""""""""""""""""" 1~lllmll_i ........................................".................. """""""""""""""""""""""""""""" Councilmen """'-'..-.- Attest: """"'êiï7'C¡;¡¡" 111~!lm_li i~!lill!!i_~¡ 454 CITY COUNCil OFFICIAL Special S..slon October 12, 1970. Coum:1I met at 1='11 p.M. Centrai Daylight Tim". Present - Mirlor Meyers, Coun- cilmen Bitler, Couchman, Molden- hauer, Pregler, City Manager Gil. bert D. Chavenelle. Mayor Meyers read the call and stated that set1liee thereof had been duly made and this meeting is called for the purpose of ading upon such business as may pro- perly come before the meetiDg. Communication of Nattional As- sociation of Letter Carriers expres- sing opposition to disparity of wages between Police and Fire, presented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by 1 the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of Dubuque Fe- deration of Labor urging the adop- tion of a measure that will not miate disparity in wages between the police and Fire Departments, presented and read. Mayor Meyers I moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the foUowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of City Assessor recommending approval of settle- 1 ment of assessment for Robert & Violette Millius in the amount of $30,000 as against original assess- ment of $33,937 on Lot 1 Becker Sub., Lot 2 of 2 of 1 of 2 of M. L. 370, Lot 1 of 1 of 1 of 2 of M. L. 370, Lot I of 1 of 2 of 1 of 2 of 1 of M. L. 370, presented and read. Councilman Pregler moved appro- val of the recommendation. Se- collded by Councilman Bitter. Car- Special Session, October 12, 1970 455 October 12, 1970 To the Honorable Mayor and City Council I ame returning the petition of Mr. Rokusek and others for an ad- ditional street light on Avoca be- tween Cherry and Green Streets. The proposal has been investi- gated and it is recommended that a 4000 lumen incandescent light be instaUed. RespectfuUy, Gilbert D. Chavenelle City Manager Councilman Coucbman moved apprl>val of the recommendation. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of claim of Marjorie Erne, in the amount of $2000 for perso- nal injuries received in a fall on 8th Ave. in front of the Grand Theatre on September 30,1970, pre- sented' and read. Councilman Preg- ler moved that the notice of ~laim be referred to the City Soli<:itor for investigation and report. Se- conded by Councilman Bitter. Car. ried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - NoDe. Notice of claim of Mrs. FrIeda Dalsing of Kieler, Wis. in the amount of $65.00 for personal in. juries received in a faU in the Ur. ban Renewal area at 233 W. 8th Street on August 3, 1970, present- ed and read. Councilman Pregler moved that tbe notice of claim be referred to the City Solicitor for iDvestigation and report. Seconded by Councilman Bitter. Carried by !be following vote: Yeas - Mayor Meyers, Council- lOOn Bitter, Coucbman, Molden- hauer, Pregler. Nays - None. Petition of Charles Frost et al requesting the installation of a street light at 3200 Kensington Plaee, presented and read. Mayor Meyers moved that tbe petition be referred to the City Manager and Eleetrieal lospectl>r for investlga- tlon end report. Seconded by Coun- oilman Bitter. Canied by the fol- lowing -vote: Yeas - Mayor Meyers, Council- men Bitter, Coucbman, Molden- hauer, Pregler. Nays-None. Special Session, October l2, 1970 ried by tbe following vote: Yeas - Mayor Meyers, Council. men Bitter, Cow:bIJ1a1l, Molden. hauer, Pregler. Nays - None. Communication of Low Rent Housing Commission submitting minutes of their meeting held on September 23, 1970, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Cou""il- men Bitter, cøacIm>&n, Molden- hauer, Pregler. Nays - None. Petition of YMCA rerquesting permission to spowsor the fourth 8.tWual Halloween Parade on Octo- ber 30, 1970, presented and read. Councilman Pregler moved that the petition be referred to the Mayor and Manager to work out solution for trick and treat and also the parade. Seconded by Councilman Cow:Iunan. CarrIed by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- bauer, Pregler. Nays-None. RESOLUTION No, 337.70 WHEREAS, the CitY Council of Dubuque, Iowa, has been and is deeply ~ned with the increas- ing probleDli of fiDancing the pro- vision of government services in the State of Iowa; and 'W11E1ŒAS, the primary reliance of county, JiChool, city and town goveruments on property tax re- venues has resulted in an undue property tax burden; ana WHEREAS, 1n an increasing number of Iowa communities local property Lues are approaching the Cðnfiseatol'y level and are iD fact eqU8! to. 520/. æ1.es tax on hou- sing; and WHEREAS, there is a demon- skated need for additional revenue to adequately finance low govern- ments; and WHEREAS, we as elected repre- sentatives of our community recog. nize that the solution to city and town government revenue problems cannot be developed without due consideration to county and school financing problems; and WHEREAS, a number of alter- nate solutions to those problems have been considered. NOW THEREFORE BE IT RE- SOLVED that the City Council of Dubuque, Iowa, wholeheartedly suP. port the following legislative pro. posals adopted by the League of Iowa Municipalities at tts duly convened annual meeting, Septem- ber 18, 1970: 1. A statewide one cent sales and service tax increase to be col- lected at the state level and distributed to cities and towna and to the counties on a per capita basis. 2. A state program to support the increased use of the state- wide income tax to support local school costs and to re- lieve the pressureo on pro. perty taxes. BE IT FURTHER RESOLVED that copies of tbis resolution he forwarded to those seeking to reo present our community at the state level and their suPPOrt of these measures be requested. Donald R. Meyers Mayor Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution and copies be sent to the legislative posts. Se- ounded by Councilman Molden. hauer. Carried by tbe following vote: Ye¡J - Mayor Meyers, Council D>elI Bitter, Couchman, Moldelt- hauer, Pregler. Nays - None. iill'lilllllllll~.lt Oelo~ 8. 1970 i!liliill_ji Honorable Mayor and City Council You wili recall that in Septem- ber of 1969 you adopted a Re""la. tion providing for the sale of cer- tain real estate to Bradley Iron Works, Inc. One of the terms of said BRIe was tbat tile purchaser would - 456 Special Session, October 12, 1970 for tbe southerly 200 feet of said' Lot 2 upon receipt of Quit Clairo Deed and, plus, pay a ten percent down payment on the northerly 114.23 feet of said lot and the ba. lance to be paid on or before one year from date of delivery of the deed. You are herewith advised that I have delivered to the City Ma- nager check in the amount of $7,849.23 representing the balance of the purchase price paid by Bradley Iron Works, me. iD full and, accordingly, the appropriate Resolution is herewith submitted together with Quit Clairo Deed and I respectfully recommend the adoption of the foregoing Reso- lution as well as execution of said deed and delivery thereof to Brad- ley Iron Works, Inc. who bave ful- filled their commitments in accor. dance with their agreement. Respectfully submitted, R. N. Russo City Attorney Mayor Meyers moved approval of the recommendation. Seconded by Councilman Bitter. Carried by the foliowiDg vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No, 338-70 WHEREAS, on the 2nd day of September, 1969 the City Council of the City of Dubuque, Iowa pass- ed, and adopted Resolution No. 282-69 therein conveying certain real estate to Bradley Iron Works, me., and WHEREAS, said Resolution also covered and provided for the me- thod of payment of the Northerly- most 114.23 feet of said Lot 2, Block 16, Riverfront Subdivision No.3 in tbe City of Dubuque, Iowa, which method of payment follows: ten (10%) percent paid down at the time of the adoption of said Resolution and the balance to be paid within one year of the delivery of Deed to tbe said Gran. tee of the Southerly 200 feet of said lot, and WHEREAS, on or about Septem- ber 3, 1970 Bradley Iron Works, me. did deliver its check No. 19678 in the amount of $7,849.38 payable to the City of Dubuque, Iowa representing the balance of the purchase price of the Norther ly 114.23 feet of Lot 2, Block 16. Riverfront Subdivision No.3 iD the City of Dubuque, Iowa and the amount of $872.15 has heretofore been paid as the down payment thereon, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the payment to the City of Dubuque, Iowa of the sum of $7,849.38 as the balance of the purchase price upon the pur- chase of the Nortberly 114.23 feet of Lot 2, Block 16, Riverfront Sub- division No.3 from the City of Du- buque, Iowa by Bradley Iron Works, Inc. be and the same is hereby approved and the payment prior thereto made in the amount of $872.15 is herewith confirmed and that tbe said two amounts re- present the total purchase price in full of the real estate hereiD- above described. Section 2, That the Mayor and the City Clerk be and tbey are hereby authorized and directed to execute the Quit Claim Deed of the City of Dubuque, Iowa to Brad- ley Iron Works, me. coveriDg the real estate hereinabove described and to deliver same to said Grantee forthwith. Section 3. That a certified copy of this Resolution be filed by the City Clerk in the office of the County Recorder iD and for Du- buque County, Iowa. Passed, approved and adopted this 12th day of October, 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 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. I Special Session, October 12, 1970 RESOLUTION No. 339.70 AUTHORIZING THE EXECU- TION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH R & S ENTERPRISES, INC. AND AMENDING RESOLUTION No. 287-70 WHEREAS, pursuant to Resolu- tion No. 218-70 dated August 4, 1970, and a Notice of Public Hear. ing published in the Telegraph. Herald, a newspaper of general cir- culation in the City of Dubuque, Iowa on August 4, 1970 and Au- gust 11, 1970, City Council met on the eighth day of September, 1970, at 7:30 o'clock P.M., Central Day- light Time, in the City Council Chambers, of City Hall, Dubuque, Iowa to consider the proposal to dispose of the interest of the City of Dubuque to the Southerly 15 feet of the Northerly 65 feet of the Westerly 65 feet of Reuse Par- cell of Block 1, to R & S Enter- prises, me. WHEREAS, pursuant to said re- solution a copy of the Redevelop- er's Statement for Public Disclo- sure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was placed on file in tbe office of the City Clerk for public inspection; and WHEREAS, tbe City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said in- terest of the City of Dubuque in the above described real estate to R & S Enterprises, me.; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I, That the Mayor and City Clerk be and they are hereby authorized to enter into a Con- tract for Sale of Land and Private Redevelopment in accordance with the terms of the Disposition Docu- ments governing such sale witb R & S Enterprises, Inc. for the real estate known as the Southerly 15 feet of the Northerly 65 feet of the Westerly 65 feet of Reuse Par- cell of Block 1 in the Downtown Urban Renewal Project, Iowa R- 15, containing 975 square feet, sub- ject to survey, and legally de- scribed as the Northerly 15 feet of 457 Block 6 in Dubuque Downtown Plaza, in the City of Dubuque, Iowa. Section 2, That Section 1 of Reso- lution No. 287-70 adopted the 8th day of September, 1970, as it here- tofore existed be and the same is hereby repealed and declared null and void. Passed, approved and adopted tills 12th day of October, 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 Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Coucbman, Molden- hauer, Pregler. Nays-None. RESOLUTION No, 340.70 AUTHORIZING THE EXECU- TION AND DELIVERY OF DEED TO R & S ENTER- PRISES, INC. FOR SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, under date of Octo- ber 5, 1970, the City of Dubuque and R & S Enterprises, me. entered into a Contract for the Sale of Land on the Downtown Urban Re- newal Project, Iowa R-15, for pri- vate redevelopment by R & S En- terprises, me. WHEREAS, R & S Enterprises, Inc. have complied with the condi- tions of said Contract, and have requested that the City of Dubu. que execute and deliver to them a Deed for the land described hereinbelow; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I, That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to R & S Enterprises, me. for the sale of the Southerly 15 feet of the Northerly 65 feet of the Westerly 458 Special Session, October 12, 1970 65 feet of Disposition Parcel No.1 of Block No.1 in the Downtown Urban Renewal Project, Iowa R- 15, legally described as The Northerly 15 feet of Lot 1 of Block 6 in Dubuque Down- town P1II%a in the City of Du- buque, Iowa containing 975 square feet, more or less Section 2. That the Director of the Department of Urban Renewal is hereby authorized and directed to deliver said Deed to R & S En- terprises, me. upon receipt of the purchase price of $2,437.50 on the basis of $2.50 per square foot for 975 square feet. Passed, approved and adopted this 12th day of October, 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 Pregler 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. 341.70 SUBDIVIDING CERTAIN LOTS IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA FOR PUBLIC RIGHT-OF-WAY AND OTHER PURPOSES WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubu- que, pursuant to the Urban Re- newal Plan for said Project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has otherwise prepared certain land for reUse purposes; and WHEREAS, a plat subdividing certain lots for public right-of-way and other purposes has been exa- mined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zo- ning Commission of the City of Dubuque, Iowa, and has its appro- val endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Du- buque, governing the subdivision of real estate in the City of Du- buque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That the plat dated September 29, 1970, of the subdi- vision of the Southerly One-Half of City Lot 99, in the City of Du. buque, Iowa, by Carl F. Bartels, Licensed Professional Civil Engi- neer and Land Surveyor, be and the same is bereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. Tbat the City Clerk be and is hereby authorized and di- rected to file a copy of this Reso- lution in the Office of the County Recorder in and for Dubuque Coun- ty, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 12th day of October, 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 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. Application for annexation of Tower Investment Inc. of the fol- lowing described real estate: Lot 1 of 1 of I of 1 of 1 of2 of M. L. 483; Lot 3 of 1 of 1 of 1 of 2 of M. L. Special Session, October 12, 1970 459 483; Lot 2 of 2 of 1 of 1 of I of 483; Lot 2 of 1 of 1 of 1 of 1 of M. L. 483; Lot 1 of M. L. 484; Lot I of M. L. 485; Lot 1 of 1 of M. L. 493; Lot 1 of M. L. 490; Lot 1 of 1 of M. L. 492; Lot 1 of 2 of 1 of M. L. 496; in Table Mound Township Dubuque County, Iowa, Total ac- reage 114.23 acres, presented and read. Mayor Meyers moved that the application be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Application for annexation of Ro- bert Waller and Wm. J. Byrne, as owners of the following described real estate: Lot 1 of 1 of I of 1 of 1 of 1 of Annie Wallers Sub. No. 2 in Sections 1 and 12, T. 88 N. R 2E of 5th P.M., total acreage 55.76 acres, presented and read. Mayor Meyers moved that the application be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Ye.. - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Application for annexation as previously submitted by the Du- buque Community School District, requesting annexation of the Table Mound Elementary School Site, presented and read. Mayor Meyers moved that the application be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Honorable Mayor and City Council We, the Dubuque County Board of Supervisors, having the follow- ing described roads under our con- trol and being owners thereof as defined by Section 362.36 of tbe 1966 Code of Iowa, do petition that said roads be annexed and made a part of the City of Dubuque, Iowa, namely: All that part of the right-of-way of the Rockdale Road, formerly known as U.S. Road No. 61, Du- buque County, Iowa from the South line of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 An- nie Waller's Subdivision #2 In Sec- tions I and 12, Township 88 North, Range 2 East of 5th Principal Meri- dian extended across the said road to its easterly right-of-way line, thence northeasterly along the the right-of-way as presently estab- lished to the northerly section line of said Section I, Townsbip 88 North. Range 2 East of 5th Princi- pal Meridan, being the southerly corporation line of the City of Du- buque, Iowa, for a distance of 7,535.30", feet, all as shown on right-of-way records of the Iowa Highway Commission dated May, 1932, and containing 11.42 Acres ot and being located in the Northeast One-Quarter, Section I, and in Northwest One.Quarter, Section I, and in Southwest One-Quarter, Sec- tion I, and in Northwest One-Quar- ter, Section 12, each in Township 88 North, Range 2 East of 5th Principal Meridian, Table Mound Township, Dubuque County, Iowa, and also the County Road lying northerly of the Table Mound School being comprised of Lot 4 of Lot I of Lot 1 of Lot I of Lot 2 of Mineral Lot 483 containing 1.05 Acres; and Lot 2 of Lot 2 of Lot 2 of Lot 2 of Mineral Lot 483 con. taining 0.25 Acre, each being in Section I, Table Mound Townsbip, Dubuque County, Iowa. Attached hereto marked Eabibit "A" and made a part hereof by this reference is a plat showing the above described roads in relation to the City of Dubuque, Iowa. Board of Supervisors Dubuque County, Iowa Donald C. Meyers Chairman Louis C. Barrett Leo N. Schueller 12. 1970 October Attest: Harold P. Meloy County Auditor State of Iowa) Dubuque County) SS I, H,mld P. Meloy, County Audi- tor of Dubuque County, Iowa, do hereby certify that the above and foregohg and the plat attached thereto is a true and correct copy of the application for annexation to the City of Dubuque, Iowa, Ap- .i'lililil~,. 460 Special Session, October 12, 1970 proved and adopted by the Board of Supervisors of Dubuque County, Iowa, meeting in special session on the 12th day of October, 1970. Dated this 12th day of October, 1970. Harold P. Meloy County Auditor Councilman Pregler moved that the petition be received and filed and made a matter of record. Se- conded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, MoWen- hauer, Pregler. Nays-None. October 12, 1970 To the Honorable Mayor and City Council I recommend to you the annexa- tion proposal involving property of the Dubuque Community Scbool District, Tower lovestment and Waller-Byrne. As a part of the annexation pro- posal, an agreement has been ar- ranged with Tower Investment and Waller-Byrne so that City sanitary sewer and water service will be ex- tended into the area. It is agreed that the City will apply for federal and state assistance to extend the sanitary line and that Tower lo. vestment, Waller-Byrne will pay all costs except federal and state assistance. It is also agreed that Tower lovestment, Waller-ByrneW will advance $50,000 for extension of the water mains, which deposit will be refunded over ten years by paying back 20 percent of the water revenue produced in the area. The proposed arrangement pro- vides the long range sewer and wa- ter needs of the area and, except for temporary arrangements, avoids duplicate and conflicting construction. In short, it is the best arrangement for serving the area. The developers are ready to start. It is expected that the avail. ability of sanitary sewer and water will accelerate filling the area with people. Since these City services are instruments of development, then it is correct that annexation of the area to the City should be part of the proposal. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed and approved recommenda- tion. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays - Councilman Molden. hauer. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Attorney Arnold VanEtten stated the proposal is based on the assum- ption that there will be annexation. A declaratory judgment is pending in the District Court. Mr. Robert Strub of 2033 Rockdale Road claim. ed annexation of the Rockdale area would cause duplication of ser- vices. There are twenty nine pieces of property between the City and the Waller Byrne property. Mayor Meyers moved to reim- pose the rules. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION ANNEXING CER. TAIN TERRITORY TO CITY OF DUBUQUE, iOWA. No. 342.70 WHEREAS, the owners of an aTea approximately 19,2.71 acres in size adjoining southerly City Li- mits of the City of Dubuque, Iowa, have petitioned for annexation; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure sewer, water, and other mu- nicipal services if said territory is incorporated within the City Li- mits of the City of Dubuque, Iowa; and Special Session, October 12, 1970 WHEREAS, Section 362.30, Code of Iowa 1966, authorizes the ex- tension of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growih, development, and preservation of tbe public health of tbe City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, tbat the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following de- scribed real estate; (a) Lot I of Lot I of Lot 1 Lot I of Lot 1 of Lot 2 of Mineral Lot 483. (b) Lot 3 of Lot I of Lot I of Lot 1 of Lot 2 of Mineral Lot 483. (c) Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 438. (d) Lot 2 of Lot 1 of Lot I of Lot I I of Lot 1 of Mineral Lot 483. (e) Lot I of Mineral Lot 484. (f) Lot 1 of Mineral Lot 485. (g) Lot 1 of Lot 1 of Mineral Lot Lot 493. (h) Lot 1 of Mineral Lot 490. (i) Lot 1 of Lot I of Mineral Lot 492. (j) Lot 1 of Lot 2 of Lot I of Mineral Lot 496. each in Table Mound Township, Dubuque County, Iowa. Total Ac- reage from the record - 114.23 Ac. res. Lot 1 of Lot I of Lot I of Lot I of Lot 1 of Lot I of Annie Waller's Subdivision No.2 in Section I and 12, Township 88 North, Range 2 East of 5th Principal Meridian. To- tal acreage from the records - 55. 76 Acres. Lot 2 of Lot I of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 483, and Lot 2 of Mineral Lot 484, each in the Southwest 'I. of Section I, Township 88 North, Range 2 East of 5th Principal Meridian, being in Table Mound Township, Dubuque County, Iowa, and containing 10 acres. All that part of the right-of-way of the Rockdale Road, formerly known as U.S. Road No. 61, Dubu- que County, Iowa from the South line of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 Annie Wal- 461 ler's Subdivision #2 in Sections 1 and 12, Township 68 North, Range 2 East of 5th Principal Meridian extended across the said road to its easterly right-of-way line, thence northeasterly along the rigbt-of- way as presently established to the northerly section line of said Sec- tion I, Township 88 North, Range 2 East of 5th Principal Meridian, being the southerly corporation line of the City of Dubuque, Iowa, for a distance of 7,535.30"=, all as shown on right-of-way records of the Iowa Highway Commission da- ted May, 1932, and being located in the Northeast One.Quarter, Sec- tion I, and in Northwest One-Quar- ter, Section I, and in Southwest One-Quarter, Section I, and in the Northwest One-Quarter, Section 12, each in Township 88 North, Range 2 East of 5th Principal Meridian, Table Mound Township, Dubuque County, Iowa, and also the County Road lying northerly of the Table Mound School being comprised of: Lot 4 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 483; and Lot 2 of Lot 2 of Lot 2 of Lot 2 of Mineral Lot 483, each being in Section I, Table Mound Township, Dubuque County, Iowa. Total Ac- reage from the records. 12.72 Ac- res. This area is as shown on the plat attached hereto (Exhibit A) and by this reference made a part hereof, the boundaries of said area being cutlined in red thereon. Passed, adopted and approved this 12th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Pregler. Nays-Councilman Moldenhauer. RESOLUTION NO. 343-70 WHEREAS, Tower lovestment and Waller-Byrne (Table Mound Mobile Home Park) have requested 462 Special Session, October l..2, 1970 annexation of certain properties to the City of Dubuque, Iowa, and WHEREAS, because of annexa- tion the city has agreed to extend sanitary sewer and water services to the properties under particular arrangements concerning the con- struction and financing of the sewer and water lines. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mayor and City Clerk be and is hereby authorized to sign agreements pertaining to the construction of sanitary sewer and water lines to the annexed proper- ties of Tower Investment and Wal- ler-Byrne (Table Mound Mobile Home Park). Passed, approved and adopted this 12th day of October, 1970. Donaid R. Meyers Mayor Walter A. Pregler Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- 10wiDg vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays-,-Councilman Moldenhauer. RESOLUTiON NO. 344-70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions having complied witb tbe provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigar- ette papers within said City. Pete Sfikas, 926 Main Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 12th day of October, 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 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. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Leo F. Frommelt City Clerk Approved ....................................11170. Adopted ......................................1970. .................................,........................ .......................................................... Councilmen Attest """"""""ëï¡;"ë¡;;t"""""'" Special Session, October 16, 1970 CITY COUNCIL OFFiCIAL Special Session, October 16, 1970. Council mat at 4:30 P.M. (Centra' Daylight Time), Present - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden. hauer, Pregler. City Manager Gil- bert D. Chavenelle, Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is caIled for the purpose OF SET- TING A DATE OF PUBLIC HEAR. ING ON THE BUDGET ESTIMATE OF 1971, and acting upon such other business as may properly come before a regular meeting of tbe City Council. RESOLUTION NO. 345.70 WHEREAS the City Manager has submitted a BUDGET ESTIMATE as provided in Chapter 24 of the 1966 Code of Iowa and the City Council had been duly considered and caused to be prepared the budget estimate for expenditures for the fiscal year beginning Jan- uary 1, 1971 and ending December 31, 1971, as a basis for the tax levy for the year 1970, the same to be coIlected in tbe year 1971, and said budget having been duly ap- proved by it. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That said Budget Eestimate be and the same is hereby ordered filed in the office of the City Clerk of the City of Dubuque, Iowa, and the date of the public hearing is hereby fixed as the 2nd day of November 1970, at 7:30 o'clock P.M. Central Standard Time, in the I Council Chamber at the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is hereby directed to cause said budget es- timate of expenditures to be pub- lished in the official newspaper of the City of Dubuque and the offi- cial notice to be given of tbe time and place, when and where said Budget Estimate will be considered by said Council for final adoption 463 at which time and place taxpayers will be heard for or against said estimate, said publication to be not less than ten (10) days before said date of hearing. Passed, adopted and approved this 16th day of October 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 Pregler 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. 346.70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette papers within said City. Charles J. Spielman, 2401 Windsor Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli. cation be approved. Passed, adopted and approved tbis 16th day of October, 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 adop- tion of the resolution. Seconded by Mayor Meyers. Carried by tbe fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. 464 Special Session, October 16, 1970 RESOLUTiON NO. 347-70 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 City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terros of the ordinances of the City. CLASS "B" BEER PERMIT Charles J. Spielman, 2401 WiDdsor Avenue Anthony A. & Bette O. Helling, 701 Dodge Street CLASS "C" BEER PERMIT National Tea Company, 2013 Central Avenue Passed, adopted and approved this 16th day of October, 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 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. RESOLUTION NO. 348-70 WHEREAS, applications for Beer Perroits 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 ordiDances of, thIa CIty and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he i. hereby directed to issue to the following named applicants a Beer Perroit. CLASS "B" BEER PERMIT Charles J. Spielman, 2401 Windsor Avenue Anthony A. & Bette O. Helling, 701 Dodge Street CLASS "C" BEER PERMIT National Tea Company, 2013 Cen- tral Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 16th day of October, 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 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. RESOLUTION NO. 349.70 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terros of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Charles J. Spielman, 2401 Windsor Avenue CLASS "8" MOTEL Anthony A. & Bette O. Helling, 701 Dodge Street Passed, adopted and approved thIa 16th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, October 16, 1970 400 Councilman Bitter 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. RESOLUTION NO. 350.70 WHEREAS, applications for liq- uor Perroits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW TIIEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is herehy authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Charles J. Spielman, 2401 Windsor Avenue CLASS "B" MOTEL Anthony A. & Bette O. Helling, 701 Dodge Street Passed, adopted and approved this 16th day of October, 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 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. There being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas-,-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-,-None. Leo F. Frommelt City Clerk Approved 1970 Adopted 1970 """""""""""""""""""""""""""""" ............................................................ ............................................................ ............................................................ Councilmen Attest: """"ëiïÿ"'ëï;;;¡':""""""""'."" illlli~lll.i! II"~ II~~III."