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1970 November Council Proceedings l\egular Session, November 2, ¡97() 4M CITY COUNCIL OFFICIAL Regular Session, Noyemw 2, 1970. Coundl met at 7:30 P.M. Central Standard Time. Present - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. City Manager Gil. bert D. Chayenelle. Mayor Meyers read the caU and stated that service thereof had been duly made and this meeting is the REGULAR MONTHLY MEETING caUed for the purpose of acting upon such business as may properly come before the meeting. November 2, 1970 To the Honorable Mayor and Members of the City Council Attached hereto is a list of par- cels of real estate within the City Limits, consisting of ten acres or more which would be eligible for taxation as agricultural land. Also attached are the applica- tions for exemption as filed by the property owners that have ten acres of land or more, in one piece or parcel, within the City Limits. These property owners certify that the land is being used for agricultural or horticultural purposes. and are entitled to tax exemption as provided by law. A copy of the attached list will be filed in the office of the Coun- ty Auditor at the time of filing the budget. Respectfully suhmitted, Gilbert D. ChaveneUe City Manager Mayor Meyers moved approval of the list. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler- Nays-None. Proof of publlcatiou, certified to by the publisher, of Budget Es- timate for 1971, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, COUll- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of International Union of Operating Engineers re- questing to be heard at or prior to the public hearing on the bud- get to rectify the inequality in wages between the Water Dep't employees and other groups with- in the City, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of group of city em. ployees (42 signers) from various departments requesting that in considering the 1971 budget the cost of living wage be adminis- tered on an equal percentage bas- is, presented and read. Mayor Meyers moved that !be petition he received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Chamber of Commerce Tax Study Committee commending the City for pioneer- ing in budget preseniation of this year as being a radical change from pTevious years and the bud- get as submitted provides the po- tential of vastly improved budget oontrol, presented and read. Coun. cilman Pregler moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas - MayoT Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Moldenhauer moved that the roles be sllSpended in or- der to let anyone present address the Council if they so desire. Sec- onded by Councilman Couch....... Carried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- haueT, Pregler. Nays-NoDe. 46S Regular Session, November 2, 1970 . Mr. Wm. Ohnesorge, represent- onded by Councilman Pregler. Car- mg the Operating Engineers stated ried by the following vote: that the men .he. represents have Yeas - Mayor Meyers, Council. great responslblhtles and should men Bitter Couchman Molden- be paid accordingly. Mr. Dick hauer, Pregler. ' Friedman, head of the Chamber Nays - None. Tax Study Committee, commented fundamentally favorable on the Application for Approval to Levy budget. Mr. Geo. Walton of 2844 an Emergency Tax Pinard St. inquired about rubbish We, the City Council of Dubuque, pickup charge on fixed income. of Dubuque County, Iowa, hereby make application to levy an emer- Resolution for Approval to Levy an gency tax in the sum of $95,063.00 Emergency Tax not exceeding one mill, as herein RESOLUTION No. 351-70 set out. WHEREAS, The revenue in cer- Our budget hearing was held the tain funds of the municipality set 2nd day o.f. November 1970. There out in the within application is in- were 60 cItizens at the hearing, of adequate to meet the actual and whom ~ objected to the budget and necessary expenses which must be tax levIes. paid from said funds and any ex. Leo F. Frommelt traordinary or unforeseen expense Certifying Officer which .may aris~ during the en. Financial Statement in Support of sumg fISCal year, and Application to levy an HEREAS, The inadequacy of the Emergency Tax. revenue referred to is deemed to EMERGENCY FUND constitute an emergency which re- Cash Balance Last January 1: quires the levy of an emergency $ None; Add: Tax Collection This tax, therefore Year: Estimated $93,944.00; De- BE IT RESOLVED, BY THE duct: Transfers Approved This City Council of Dubuque, of Du- Yea~:. .................:..Deduct: Transfers buque County, Iowa, that the State AnticIpated ThIS Year: Estimated Appeal Board be and is hereby $93,944.00; EstImated Cash Balance petitioned for approval to levy an Next January 1: $ None. emergency tax for the year 1971, Maximum Levy: Yes; Funds to in the sum of Ninety Five Thous- be Benefited: Public Safety; and Sixty-Three Dollars ($95,- Amount to Be Transferred from 063.00), (not exceeding one mil!) Emergency Fund: $93,944.00; To- said tax to be used as set out tal: $93,944.00. below. APPROVAL TO PROVIDE FOR THE APPRO. This application and resolution PRIATED EXPENDITURES IN having been filed with the State THE PUBLIC SAFETY FUND; Appeal Board, approval to levy the SPECIFICALLY IN THE POLICE emergency tax in a sum not ex- AND FIRE DEPARTMENTS. ceeding the amount authorized by Donald R. Meyers law is hereby granted this 9th day Mayor of November, 1970. Leo F. Fromelt M~~~~:",~~ Baringer Clerk State Appeal Board by: Francis R. Larew RESOLUTION No. 352.70 WHEREAS, the Council of the City of Dubuque, Iowa, caused to be prepared and published as pro- vided by law, the BUDGET ESTI- MATE OF EXPENDITURES for the fiscal year beginning January 1, 1971, and ending December 31, 1971, and the hearing upon said Budget Estimate was fixed for the 2nd day of November, 1970, at 7:30 The foregoing resolution was adopted at a regular council meet. ing on the 2nd day of November, A.D. 1970. The vote thereon was as follows: Ayes - Donald R. Meyers" Jo- seph J. Bitter, Gaylord M. Couch- man, Wayne A. Moldenhauer, Walter F. Pregler. Nays - None. Councilman Couchman moved adoption of the resolution. See- Regular Session, November 2, 1970 469 o'clock P.M. Central Standard Time. in the Council Chamber at the City Hall; and WHEREAS, this being the time and place for said hearing, said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given an opportunity to be heard for or against said Budget Estimate. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL FOR THE CITY OF DUBUQUE, IOWA: That the Budget Estimate of Expenditures for the fiscal year beginning January 1, 1971 and ending December 31, 1971, hereto. fore prepared and published be and the same is hereby finally ap- proved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dnbuque County, Iowa, together with a verified proof of puhlica- tion and the notice of hearing upon said Budget Estimate. Be it Further Resolved. that the taxes required to be collected in the year be and the same are here- by levied in the amounts of said Budget Estimate. Passed, adopted and approved this 2nd day of November 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, Council- men Bitter Couchman, Molden. hauer, Pregler. Nays - None. RESOLUTION No. 3S3.70 A rasolution establishing the tax levies for the year 1970, the taxes to be collected in the year 1971, end used for Municipal purposes of the City of Dubuque, Iowa. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That there be and there is here- hy levied the taxes for Municipal purposes for the ensuing year of 1971 the following number of mills on the dollar of all taxable pro- perty within the corporate IImita of said City. 4.211 General Fund 1.194 Street Fund 13.330 Public Safety Fund 2.529 Sanitation Fund 2.391 Municipal Enterprise Fund 2.093 Utilities Fund 4.243 Recreation Fund 9.015 Debt Service Fund .302 Tort Liability Fund 9.369 Trust & Agency Fund 1.000 Emergency-Public Safety 49.677 Total Mills. Be it further resolved that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or horti- cultural purposes. Be it further resolved that the Mayor and Clerk be and tbey are hereby directed to certify the sums of money that the said tax levies will produce as shown by the Budget Estimate of Expenm- tures as adopted by this Council on the 16th day of October 1970 to the Auditor of Dubuque County. Passed, adopted and approved this 2nd day of November 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 Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter Couchman, Molden- hauer, Pregler. Nays - None. Communication of Don Thomp- son et ux objecting to the dispar- ity in wages between the Police and Fire Departments, presented and read. Mayor Meyers moved that the communication be re- ceived and filed. Seconded by 470 Regular Session, November 2, 1970 Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of Downtown Assn. of Cbamber of Commerce ex. tending an invitation to the Coun- cil to ride in the Giant Balloon Parade on November 14, 1970 pre- sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. Commuuication of Low Rent Housing Commission suhmitting a copy of the minutes of their meet- ing held on October 20, 1970 and requesting formal approval as to the filing of an application with the Department of Housing and Urban Development, presented and read. Mayor Meyers moved that the commuuication be received and flIed and permission be granted to file for application. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of John Petrakis advising of the condition of the property at Petrakis Park on Fourth Street and if not corrected he requests that his name be dis- associated with the park, presented and read. Councilman Bitter moved that the communication be re- ceived and filed. Seconded hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of Playground" Recreation Commission submitting copy of minutes of meeting of Oc- tober 12, 1970, pointing particular- ly to the statlU of Petrakis Park, presented and read. Councilman Bitter moved that the communica- tion be received and filed with iDStruetions that the Chairman of Recreation Commission get in toueh with Mr. Petrakis either by letter or in person as to what is contemplated with Petrakis park. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- haueT, Pregler. Nays-None. Communication of Dubuque County Board of Social Services expressing an interest in discuss- ing with agency executives the need for community planning pro- grams for the elderly and family and children services, presented and read. Councilman Couchman moved that the communication be referred to tbe Manager to request a meeting with the group. Sec- onded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of Thomas A. Finley, attorney, from De' Mo;"e,. on behalf of the Milwaukee Rail- road advising of the sharing of operation and maintenance cost with !be Chicago North Western Railroad presently in effect, cov- ering signals from 12th street to 17th Street indicating the Chicago North Western want to discontinue their agreement, and advising that we file a notice of objection with the State Commerce Commission, presented and read. Councilman Pregler moved that the communi- cation be referred to the City Soli- citor for proper proceedings. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. Printed Council proceedings for the month of July 1970, presented for approval. Councilman Pregler moved that the Council proceed- ings for the month of July 1970 be approved as printed. Seconded by Councilman Bitter. carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. Regular Session, November 2, 1970 October 19, 1I!'70 To the Honorahle Mayor and City Council 1 herewith submit the reports of the City Treasurer, City Audi. tw-, Water Superintendent, as well as a list of claims, for the month of &lptemb.., 1970. ~peetfully, Gilbert D. Chavene1le City Manager Mayor Meyers moved that the reports be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yea~Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-.None. Proof' of PublIcation, certified to by the Pnblisher, of Statement of Receipts and disbursements for September 1970, presented and read, Councilman Co u c h man moved that the proof of publica. tion be received and filed. Sec- , onded by Councilman Bitter. Car. I ried by the following vote: Yea~Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. October 21, 1970 To the Honorable Mayor and City Council I request that you affmn the following appointments to the Plumbing Board effective Novem- ber 2nd, 1970. Leonard J. Backes, Mas t e r Plumber, for a term of I year. James C. Davis, Journeyman Plumber, for a term of 2 years. Walter A. Pregler, Board of Health, for a term of 3 years. Robert G. Steichen, Master Plumber, for a term of four years. Dr. Robert G. Vernon, for a term of five years. Respectfully, Gilhert D. Chavenelle City Manager Mayor Meyers moved approval of the appointments. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. 471 October 27, 1970 To the HonoTable Mayor and City Council I am returning to you the péti- tion of Wayne T. Lewis for open- ing an alley north of West 11th Street. Mr. Allen consulted with the property owners abutting the alley and I have been informed hy the Public Works Department that, ac- cording to the wishes of the abut. ters, the alley has been opened for approximately 85 feet from its easterly end. Respectfully, Gilbert D. Cha\>enelle City Manager Councilman Couchman moved that !be communication be re- ceived and filed. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yea~Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nay~None. October 29, 19m To the Honorable Mayor and City Council, ThiS is to advise that I ha'te approved the following policies and certificate, and desire to have your approYal on same. CONTINUATION CERTIFICATE Ace Pipe Cleaning, Inc., Insurance Company of North America COMPREHENSIVE LIABILITY Wm. L. Becker Jr., Harold J. Beck- er, Walter P. Becker" Roger V. Becker, d/b/a/, WiUiamBeck- er " Sons Stone Co., Iowa Na. tional Mutual Insurance Co. B. " B. American Corporation, Associated Agencies, Inc. Respectfully, Gilbert D. ChaveneUe City Manager Councilman Pregler moved that the policies be received and tiled subject to approYal of the City Solicitor. Seconded by Mayor Mey- ers. Carried hy the following vote: Yea~Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nay~None. Notice of claim of Virgil H. Mihm, in an unestimated amount, for property damage incurred as 472 Regular Session, November 2, 1970 the result of a fallen dead elm tree at 396 Klingenherg Terrace on an undetermined day, present- ed and read. Councilman Bitter moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of Claim of Richard L. Burds, in the amount of $36.43 for car damage incurred as the result of driving in a rut in the Urban Renewal area at 5th Street, on October 3, 1970, presented and read. Councilman Bitter moved that the notice be referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Meyers, Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of Claim of LeRoy Steines of 2704 Andrew Court in the amount of $250. for property damage incurred as the result of ~ct~~~~e~; 1~;g~tap'ies:~~~r a~~ I read. Councilmen Bitter moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. . Nays-None. Notice of Claim of James B. Loeffelholz, in an undetermined amount, on behalf of his daughter Kristy Loeffelholz, a minor, for personal injuries received by said minor while playing In the Gay Street playground on October 18, 111'1°, preS! ¡¡tell ¡¡nd read. Council- niåiI Blttet"iMved that the notice be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Meyers. Carried by tile following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of claim of Mrs. Lucille Woodhouse, in an undetermined amount, for personal injuries re- ceived In a fall on a defective sidewalk at 1939 Alta Vista Street on October 9, 1970, presented and read. Councilman Bitter moved that the notice be referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of claim of M. A. Foran of 900 Lowell St. in the amount of $35.69 for plumbing expense incurred as the result of a backed- up sanitary sewer on October 16, 1970, presented and read. Council- man Bitter moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Ma"or Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of Claim of Robert A. Palmer of 685 Kane St., in an undetermined amount, for prop- erty damage received as the result of sewer tile rolling down the hill and damaging their fence on Oc- tober 25, 1970, presented and read. Councilman Bitter moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Mayor Meyers. Car- ried 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 public hearing to amend the Zon- ing Ordinance so as to change Lots 8, 9 and 10 of Block 1 and Lots 8, 9 and 10 of Block 2 West- chollter . 'fIIÜI. . . item. 'Multiple to Local Business B Classification, 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. Councihnan Pregler moved that the proof of publication be re- ceived and filed. Seconded by Regular Session, November 2, 1970 Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 51.70 An Ordinance amending and changing Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain property hereinafter de. scribed from Multiple Family Residence District" Classifica. tion to Local Business "B" Dis- trict Classification, said Ordinance having been pre- viously presented and read at the Council meeting of September 28, 1970, presented for final adop- tion. ORDINANCE ND. SI-70 An Drdlnanc. amending and chang- In. Ord-nanc. No. 3.34 known as the "Zonln. Map and Zoning Ordi- nance of the City a' Dubuqu.. Iowa" so as to change c.rtain property hereina"" de",'bed from "Multi- ~1¡¡c:':;';lIro ~,r;~:~c:u:¡~~~c;~, c~~:: trlct" classIficatIon. NOW THEREFORE BE IT ORDAINED by tbe City Councll of tbe my of Du- buque, low., Section 1. That Ordinance No. 3-34 known as tbe "Zoning Map and Zon- lng Ordlnance of tbe City of Du- buque, Iowa," be and the same Is ~J¡~rpleam¡,:'~~ w.sI3~~~;'n~lsfi';~¡¡'. cta..lf..atlon to "Local Busln"ss 'B' matrlct classlfleation the foUowlng de- scribed real estate. to-wit, of Bloek I, and of Block Z ln islon. all ln the Iowa. Section 2. That tbe fo..golng Amend- ment h" heretofo" been approved by the Planning and Zoning CommIs- sion of the City of Dubuque, Iowa. Passed, approved and adopted tWs 2nd day of November, 1970. Donald R. Meyers Mayor A. Pregler ~~~d\,M~~~~hauer ~~cf¡",".\,tter hman ATI'EST, - I Leo F. Frommelt I City Clerk PubHshed omclaUy ln The Tele- I ~a~~~ =spaper tWs 6th day ~ 'J!. _olt C!" Clerk 11. 11/6 Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. - Nays-None. 473 Proof of Publication, certified to by the Publisher, of notice of public hearing to Amend Article N Section 2 (I) of Zoning Ordi- nance No. 3-34 so as to include the following described real es- tate, Lot 2 of 2 of 2 of O. L. 670 to be used as a parking lot in addition to the other uses per- mitted in Multiple Family Res- idence District, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Meyers moved that the proof of publication be received and filed. Seconded by Council- man Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 52-70 An Ordinance Amending Article IV, Section 2 (i) of the Zoning Ordinance of the City of Du- buque, Iowa, to include certain property hereinefter described and located in a Multiple Fam. lIy District, to permit a parking lot on said property in addition to the other uses permitted in the Multiple Family Residence district, said Ordinance having been pre- viously presented and read at the Council meeting of September 28, 1970, presented for final adoption. ORnlNANCE NO. 52.70 An Ordinance amendIng Article IV, Sed'on 2 (I). of the Zoning OrdI- nance of the City of Dubuque, Iowa ~~t~~C '.\':s~ rf:;~~'na""'Or:::'e"er.:"n~ Multiple Family D'str'd. to per. at on ..,d property t~Vtl:l:e~a::'~f: ~~ NOW THEREFORE BE IT ORDAINED by the City Councll of the City of Dubuque. low", Section 1. That Ar (I) of the Zoning C aam "al ily permll ..Id r..' estate to be used a, a parking lot in addition to the olher use, permtt- ted in Multiple FamIly Residence Dls- trlct, and whloh real eatate Is described '" Lot 2 of Lot 2 of Lot 2 of Out Lot 670. all In lhe City 0' Dubuque, Iowa. Sect1on 2. Thalthe 'oregolng Amend. ~~ntpr.~.J:.':e::::gro'Z:.:'I'i.g a~~~~~:~~ of the CIty of Dubuque, Iowa. 11'1¡~IIIi1II¡ I -~~ 1!lil'.' , 474 Regular Session, November 2, 1970 .:la:::. o"~:~e::f97~oPted thls Donald R. Meyera ~~:r A. Wayne A. auer Gaylord an Jo"l!~unêumen ATTEST: Leo F. Frommelt CIty Clerk PubUshed offlelally In The Tele- f,af¡~~~~':- r9~'rPaper tbIs 6tl1 day Leo F. Fronuoelt Clty Clerk It. 11/6 Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yl\as-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 57.70 An Ordinance establishing e grade on an alley .., of Alpine Street for distance of 263.5 feet between Reeder and Dodge Streets. pTeIIOnted and reld. 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 ..ote: Yeao-Mayor Meyers, Council- men Bitter, Couchman, Molden- haueT, PregleT. Nays-None. Councilman Couchman moved that the rule requiring an Ordi- IIaI1œ to be read ou three separate days be waived. Seconded byCoun- cilman Pregler. Carried by the following vote: Ye.s-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. - UO7.5 center ilne North '" South edge 807.25. Section 2. Tbls Ordinance shaD be In full force and effect immediately upon its flnal pa..""e snd adontlon and pub- hcstion as pro.tded b7 law. pused. adopted and approved tl11s 2nd day of No....-, 1970. D~~l'!..R. ".ye.. Pregler --- Jošeph J.ÌlI~~~Chman CouncUmen ATTEST, Leo F. Frommelt City Clerk PuhUB... offlclelly In The Tela- ~I<~~~"r r.~:.-per this 6th day Leo F. Frommelt CIty Clerk It. 1118 Councilman Couehman moved final adoption of the Ordinance. Seeonded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. An Ordinance authorizing Con- stance Supple and Mildred Brady to construct an outdoor electrical lamp, presented and read. Council- man Moldenhauer moved that the ordinance be referred to the City Solicitor. Seconded by Councilman Couchman. Carried by the follow. ing vote: Yeas-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Knights of Columbus requesting permission to """"..ate in the alley to the rear of their building at 781 Locust Street pre- sented and read. Councilman Preg- ler moved that the petition he approved. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. petition of CletlU FreIburger at ox requesting rezoniAg of Lot 2 of McDaniels Park Bill Sabdivi- Regular Session, November 2, 1970 475 sion to Multiple Family Classifica- tion presented and read. Council- man Bitter moved that the petition be referred to the Planning & Zouing Commission for investiga- tion 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 Giese Sheet Metal Co. requesting a refund of $10. on air conditiouing and heating permits issued by the City depart- ments and not used, presented and read. Mayor Meyers moved approval of the refund and direct- ed the Auditor to issue proper war- ant. Seconded by Councilman Couchman. 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 levy of special assessment and intention of the Council to issue bonds to pay for construction of 1969 Bituminous Concrete Surfac- ing Project No.1 on the follow- ing named streets: 1. AVALON STREET-from the south property line of Asbury Road to the south property line of Dirksen's Addition. 2. FLORA PARK-Ice Skating Rink. 3. lliGH BLUFF STREET-from the north property line of Farley to the south property line of Feng- ler Street. 4. JEFFERSON PARK - Play area. 5. LOMBARD STREET - from the north property line of Dodge Street to the east property line of Lot 2-1-1-1-1-1-2 of Lots 1 and 2 of Sister's Addition. 6. NOWATA STREET-from the north property line of University Avenue to the south property line of Loras Boulevard. 7. SUNNYVIEW DRIVE-from the west property line of North Grandview Avenue to the west property line of St. Ambrose St. 8. MESA DRIVE-from the south property line of Kane Street to the south end of the street. 9. ALTURA DRIVE-from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 10. CERRO DRIVE-from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 11. CORTO DRIVE-from the south property line of Cerro Drive to the south end of street. 12. PERRY STREET-from the west property line of Grandview Avenue to the east property line of Rider Street. 13. AUBURN STREET - from the south property line of Dexter Street to the north property line of Lot 179 of Woodlawn Park Addition. 14. BERKLEY PLACE - from the west property line of Primrose Street to the east property line of Oakcrest Drive. 15. MONTGOMERY WARD - Parking Lot patching. Councilman Bitter moved that the proof of publication 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. Statement of City Clerk certify- ing that notices of assessment were mailed by certified mail on September 30, 1970 to property owners of record subject to as- sessment of 1969 Bituminous Con- crete Surfacing Project No.1, presented and read. Councilman Bitter moved that the statement 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. Statement of Ray Rampson cer- tifying that notices of levy were posted in the assessable area of 1969 Bituminous Concrete Surfac- ing Project No.1, presented and read. Councilman Bitter moved that the statement be received and filed. Councilman Bitter moved tbat the statement 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. 4"lS Regular Session, November 2, 1970 Schedule of Assessments RESOLUTION No. 354-70 RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of City of Dubuque 1969 Bituminous Con- crete Surfacing Project No.1 by Mulgrew Blacktop Inc. contractor in front of and adjoining the same a special tax be and is herebÝ levied on the several lots. and parts of lots, and parcels of real es- tate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the fol- lowing schedule: TOTAL ASSESSABLE ...-......................................$30,991.48 High BluH Bituminous - from the north property line of Farley Street to the south property line of Fengler Street. Mettel Realty & Inv. Co., S.E. 77'-2, Wicks Addition ................$ 366.88 Cont: John W. & June E. Cottrell, Wicks Addition """""""""""""'" Cont: John W. & June E. Cottrell, S.E. 77' - S.W., Wicks Addition Cont: John W. & June E. Cottrell, 'h - 1, Wicks Addition """"""""""""""""""""""" 183.44 John A. & Sandra L. Reimer, N.E. 'h - 1, Wicks Addition ....... 183.44 Ralph R. & Edna Reveuig, 1, N.W.66'4" - 1&2 - Sub 6, 8&N. 7'10 ................... 472.37 Mary Lou Huston, 2, N.W.66'4" - 1&2 -Sub 6, 8&N. 7'10 ............ 304.92 George C. & Harriett IL Kaufman, S.E.134' - 35 Fenglers Addition Vincent G. & Adele Marie Richard, S.E- 134' - 36, Fenglers Addition Pauline & Melvin C. Duccini, S.E.134' - 37, Fenglers Addition Albert & Arlena Engler, S.E.134' - 38, Fenglers Addition Catherine Jurisic, 39, Fenglers Addition ........................................ Orvin & Viola Sjobakken, 40, Fenglers Addition ........................ Eugene W. & Delores M. Morley, 41, Fenglers Addition ........ Cletus T. & Dorothy Cox, 42, Fenglers Addition Cont: Allen J. & Judith C. Hentges $ 4,356.37 Excavation unclassified, 622 Cu. Yds. @ 1.35 ........$ 839.70 Prime Cost M.C. 70, 350 Gals. @ .23 ........................ 80.50 Bituminous Concrete Binder Course, 102 Tons @ 10.25 Bituminous Concrete Surface Course, 975 Tons @ 10.25 %" Stabilized Rolled Stone Base, 268.95 Tons @ 3.40 ........................................ 914.43 M.B. Raised and Lowered, 1 No. of @ 55.00 .......... 55.00 3934.50 393.45 28.42 CITY OF DUBUQUE 1969 BITUMINOUS CONCRETE PAVING PROJECT No.1 Total Construction Cost ......................................$94,392.82 City Share - Construction ......... .............. 66,402.51 Assessable Share - Construction ....................$27.990.31 10% Engineering .......................................... 2,799.02 5% - 52 day Interest ................................ 202.15 1045.50 999.37 10% Engineering 5% int. for 52 days TOTAL ASSESSABLE ..................$4256.37 -0- -0- 368.19 368.19 368.19 368.19 343.14 343.14 343.14 343.14 -0- Nowata Street Bituminous from the north property line of University Avenue to the south property line of Loras Blvd. John C. & Pear! Louise Elmer, N.86' - 2, Idylwilde Heights ............................................$ Edward J. & Louise Pins, S.14' - 2&3, Idylwilde Heights ............ Edward J. & Louise Pins, N.36' - 4, Idylwilde Heights ........ Donald F. & Ruth L. Brus, I-S.19' - 4, Idylwilde Heights ........... Donald F. & Ruth L. Brus, 5, Idylwilde Heights ........................... Donald F. & Ruth L. Brus, N.5' - 6, Idylwilde Heights ................ Donald F. & Ruth L. Brus, N.36' - N.43' - Idylwilde Heights........ Donald F. & Ruth L. Brus, S.50' - 6, Idylwilde Heights .............. Clarence & Florence Brockert, S.7' - N.43' - Idylwilde Heights Clarence & Florence Brockert, S.50' - 6, Idylwilde Heights ...... Clarence & Florence Brockert, S.7' - S.50' - 6. Idylwilde Heights Clarence & Florence Brockert, N.36' - 7, Idylwilde Heights .... E. Paul & Grace Naney, S.19' - 7, Idylwilde Heights .................... E. Paul & Grace Naney, N.24' - 8, Idylwilde Heights .. Patrick J. & Valeria C. Kearns, S.31' - 8, Idylwilde Heights ............................ Patrick J. & Valeria C. Kearns, N.15' - 9, Idylwilde Heights """"""""""""""""""""" Anton G. Vondra, S.40' - 9, Idylwilde Heights """"""""""""""" Melvin Aloysius Weydert, 10, Idylwilde Heights Maurice W. & Patricia A. Remington, N.46' - 11, Idylwilde Heights ........ Mary E. Schilling, S.9' - 11, Idylwilde Heights Mary E. Schilling, N.37' - 12, Idylwilde Heights City of Dubuque, 1, Pinehurst Subdivision .................... Veronica A. & Chas. Miller, 2, Pinehurst Subdivision ................ Carl M. & Florence Herburger, 3, Pinehurst Subdivision ........... Frank & Marcella Klein, 4, Pinehurst Subdivision .............00.. George T. & Marie Thran, 5, Pinehurst Subdivision ........... Donald I. & Norma J. Toom, 6. Pinehurst Subdivision ......... E. J. & Irene Kean est., 7, Pinehurst Subdivision ................. Carl & Ann Ihrcke, 8, Pinehurst Subdivision ......00...00......00........... Bain C. & Loueen Martin, 9. Pinehurst Subdivision .................... Aegidins & Louise Tigges, 10, Pinehurst Subdivision ................ Aegidins & Louise Tigges, S.E. 'h . 11, Pinehurst Subdivision .... Wayne A. & Kerin Kae Moldenhauer, N.W. 'h - 11, Pinehurst Subdivision ................ Wayne A. & Kerin Kae Moldenhauer, 12, Pinehurst Subdivision .................................... Victor K. & Kath S. Nakashima, 13, Pinehurst Subdivision ........ Evelyn M. Zwack, 14, Pinehurst Subdivision ................................ Cletus T. & Dorothy E. Cox, 15, Pinehurst Subdivision """"""" The American Oil Co., 16, Pinehurst Subdivision The American Oil Co., 17, Pinehurst Subdivision City of Dubuque, 18, Pinehurst Subdivision City of Dubuque, 19, Pinehurst Subdivision City of Dubuque, 20, Pinehurst Subdivision City of Dubuque, 21, Pinehurst Subdivision Regular Session, November 2, 1970 Tack Coat RCC 70, 145 Gal. @ 0.28 ... ...............$ 40.60 Bituminous Concrete - Binder Course, 180.0 Ton @ 10.25 ......... .......... 1,845.00 Bituminous Concrete - Surface Course, 135.0 Ton @ 10.25 .................... 1,383.75 Concrete remove and re- place w/8" Concrete, 214 Sq. Yds. @ 20.00 . ...... 4,280.00 %" Stabilized Rolled Stone Base, 55.7 Ton @ 3.40 1,383.75 189.38 471 17.91 2.92 7.50 3.96 11.45 1.04 7.50 -0- 1.46 -0- 1.46 7.50 3.96 5.00 6.46 3.12 8.33 10.41 9.58 1.87 5.73 3,687.84 496.66 174.92 40.61 324.44 302.63 260.30 260.30 260.30 260.30 130.15 130.15 260.30 260.30 260.30 260.30 143.17 377.44 479.84 185.44 105.27 4.06 $ 8,782.18 478 Regular Session, November 2, 1970 Concrete Removal, 14.0 Sq. Yds. @ 2.00 .............. M.H.'s Raise or Lower, 3.0 No. of @ 55.00 ............ 28.00 165.00 TOTAL AMOUNT - Bid ............$7,931.73 City Share ...................................... 0.00 IO% Engineering .......................... 793.17 5% - 52 days ............................ 57.28 TOTAL ASSESSABLE AMOUNT $8,782.18 Sunny View Driye St. Ambrose to Grendyiew Bituminous Surface Leslie 1. Furuseth, 1, Leslie SunnyView Place ............................$ 94.45 Leslie 1. Furuseth, 2, Leslie SunnyView Place ............................ 339.37 Clarence A. & Mercedes Kintzel, 1>-1-48, Finley's Addition ........ 445.32 Horace L. & Joyce Hoover, 2-1-48, Finley's Addition ............".. 68.65 Joseph T. & Alexia G. Brennan, 49, Finley's Addition ................ 565.37 Vincent & Doris Ann Dressen, 50, Finley's Addition ............,....... 565.37 L H. & Margaret Pape, 51, Finley's Addition ................................ 565.37 George R. & Mary E. Berg, 52, Finley's Addition .......................... 565.37 Frank J. Jr. & Cornelia Glab, 53, Finley's Addition .................... 565.37 Robert N. & Kathy Dunphy, 54, Finley's Addition ......".............. 565.37 Donald E. & Dagmar M. Boal, 55, Finley's Addition .................... 565.37 Robert Albert, 56, Finley's Addition ................................................ 565.37 Joseph A. & Mildred M. Koester, S.100' - 57, Finley's Addition 464.17 Francis W. & Mary A. Morgan, W.32' - N.98' - :18, Finley's Addition Francis W. & Mary A. Morgan, N.98' - 57, Finley's Addition .......... Francis W. & Mary A. Morgan, E.34' - N.98, - 58, Finley's Addition ............................ 52.11 John T. & Catherine Hanrahan, S.100' - 58, Finley's Addition .... 464.17 Marvin A. & Beatrice Strief, 59, Finley's Addition .................... 565.37 Ambrose J. & Delores M. Marshall, 59, Finley's Addition ........ 565.37 Leo P. & Norma Michel, 61, Finley's Addition ........".................. 565.37 Maurice J. & Rose L. Renier, 62, Finley's Addition .................... 565.37 Vera F. Waite, 63, Finley's Addition ............",............................. 565.37 Lloyd W. & Elaine Seaman, 64, Finley's Addition .................... 565.37 $ 9,993.72 'Deficiencies Paid by City Leslie I. Furuseth, 2, Leslie Sunnyview Place Excavation - Unclassified, 918 Yds. @ 1.35 ........ Tack Coat R.C. 70, 150 Gals. @ .28 ........ Prime Coat M.C. 70, 650 Gals. @ .23 ...' Bituminous Concrete - Binder Course, 230 Ton @ 10.25 .. Bituminous Concrete - Surface Course, 195 Ton @ 10.25 0/." Stabilized Rolled Stone Base, 860.55 Ton @ 3.40 ... Concrete Removal, 1 Sq. Yd. @ 2.00 .................... M.B. raised or lowered, 4 No. of @ 55.00 .......... M.H. ring & cover, 3, No. of @ 55.00 .................... 49.10 101.20 81.91 $10,075.68 1,239.30 42.00 149.50 2,357.50 1,998.75 2,925.87 2.00 220.00 165.00 Total ..............................................$ 9,099.92 10% Engineering ........................ 909.99 5% for 52 days """"",""""'" 65.72 TOTAL ..........................................$10.075.68 Perry Street Bituminous - from the W.P.L. of Grondview Avenue to the E.P.L. of Rider Street. Bart B. & Hazel M. Grote 18 Grandview Park Block 6 ..............$ Harold G. & Jeanette Kuts~h, '¡9, Grandview Park Block 6 ............ Harold G. & Jeanette Kutsch, 19, Grandview Park Block 6 ............ Carl J- & Phyllis R. Hanson, 21, Grandview Park Block 6 ........ Carl J. & Phyllis R. Hanson, N.20' - 22, Grandview Park Block 6 David G. & Gloria C. Tschudi, 5.5' - 22, Grandview Park Block 6 D1Ivid G. & Gloria C. Ts.hudi, 23, Grandview Park Block 6 .......... Leo & Dorothy Cox, 24, Grandview Park Block 6 Leo & Dorothy Cox, 25, Grandview Park Block 6 Leo & Dorothy Cox, 26, Grandview Park Block 6 Leo & Dorothy Cox, 27, Grandview Park Block 6 Vera C. Rederus, 28, Grandview Pack Block 6 Vera C. Rederus, 29, Grandview Park Block 6 John Duane & Audrey R. Mortensen, 30, Grandview Park Block 6 John Duane & Audrey R. Mortensen, 31, Grandview Park Block 6 John Duane & Andrey R. Mortensen, 1-32, Grandview Park Block 6 ................"""""""""" David && Barbara Setter, 2-32, Grandview Park Block 6 ............ David & Barbara Setter, 33, Grandview Park BloCk 6 ................ David & Barbara Setter, 34. Grandview Park Block 6 ................ George W. & Helene F. Chapman, 35, Grandview Park Block 6 .... George W. & Helene F. Chapman, 36, Grandview Park Block 6 .... George W. & Helene F. Chapman, 1-37, Grandview Park Block 6 James & Sheila Finn, 2-37, Grandview Park Block 6 .................... James & Sheila Finn, 38, Grandview Park Block 6 .................... James & Sbeila Finn, 39, Grandview Park Block 6 ........................ John G. & Genevieve J. Kieffer, 1, Grandview Park Block 15 .... John G. & Genevieve J. Kieffer, 2, Grandview Park Block 15 .... Walter K. & Lulu Schoby, 1-3, Grandview Park Block 15 ............ John G. & Genevieve J. Kieffer, 2-3, Grandview Park Block 15 Walter K. & Lulu Schoby, 4, Grandview Park Block 15 ............ Walter K. & Lulu Schoby, 5, Grandview Park Block 15 """""""" Cletus F. & Marjorie G. Kemp, 6, Grandview Park Block 15 .... Cletus F. & Marjorie G. Kemp, 7, Grandview Park Block 15 .... Francis 1. & Margaret Conlon, 1-8, Grandview Park Block 15 .... Cletus F. & Marjorie G. Kemp, 2-8, Grandview Park Block 15 .... Francis L & Margaret Conlon, 9, Grandview Park Block 15 .... Francis 1. & Margaret Conlon, 10, Grandview Park Block 15 ..,. J. Timothy & Deanne McNeil, 11, Grandview Park Block 15 ........ J. Timothy & Deanne McNeil, 12, Grandview Park Block 15 ........ Leo J. & Arabella Weber, 13, Grandview Park Block 15 ............ Leo J. & Arabella Weber, 14, Grandview Park Block 14 ............ Vincent J. & Ruth Connelly, 15, Grandview Park Block 15 . Vincent J. & Ruth Connelly, 16, Grandview Park Block 15 . Vincent J. & Ruth Connelly, 17, Grandview Park Block 15 . Chester G. & Wilma Robin- George A. & Louise H. Sny. son, Lot 18, Grandview der, Lot 22, Grandview Park Block 15 .................. 118.08 Park Block 15 .................. 129.14 'Chester G. & Wilma Robin- William N. & Jane Ann son, Lot 19, Grandview Duggan, Lot 23, Grand- Park Block 15 .................. 62.17 view Park Block 15 """" 82.94 Chester G. & Wilma Robin- William N. & Jane Ann son, Lot 20, Grandview Duggan, Lot 24, Grand- Park Block 15 """"""""" 18.03 view Park Block 15 ........ 61.45 George A. & Louise H. Sny. Harry E. & Dora Datisman, der, Lot 21, Grandview Lot 25, Grandvlew Park Park Block 15 .................. 251.46 Block 15 Regular Session, November 2, 197{) 479 14.43 47.53 61.44 82.94 97.13 32.04 251.46 76.00 107.31 121.51 121.87 121.87 121.87 121.87 121.87 60.94 60.94 121.87 121.87 121.87 121.87 60.94 60.94 121.87 121.87 119.09 119.09 59.57 59.57 119.09 119.09 119.09 119.09 59.57 59.57 119.09 119.09 119.09 119.09 119.09 119.09 119.09 119.09 119.09 34.88 M.H.'s Ring and Cover, 1 No. of @ 55.00 .............. 480 Regular Session, November 2, 1970 Regular Session, November 2, 1970 481 Dubuque Golf Club. Lot 32, Grandview Park Block 15 3.75 Duhuque Golf Club, Lot 33, Grandview Park Block 15 9.27 Dubuque Golf Club, Lot 34, Grandview Park Block 15 14.33 Dubuque Golf Club, Lot 35, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 36, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 37, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 38, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 39, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 40, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 41, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 42, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 43, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 44, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 45, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 46, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 47, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 48, Grandview Park Block 15 17.44 Dubuque Golf Club. Lot 49, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 50, Grandview Park Block 15 17.44 Dubuque Golf Club, Va- cated Morgan Street ........ 58.57 $5,560.50 Excavation Earth (un- classified) 73 Cu.Yds. @ 1.35 ............................ 98.55 Tack Cont. RC-70 150 Gal. @ 0.28 ............................ 42.00 Prime Coat MC-70 400 Gal. @ 0.23 .................. 92.00 Bituminous Concrete - Binder Course, 160 Ton @ 10.25 ........................ 1,640.00 Bituminous Concrete - Surface Course, 90 Ton @ 10.25 .......................... 922.50 Sand Coat, 5 Ton @ 10.44 52.20 %" Stabilized Rolled Stone Base, 601.7 Ton @ 3.40 ............................ 2,045.78 Concrete Removal, 9.5 Sq. Yds. @ 2.00 .................... 19.00 M.H.'s Raise and Lower, 1 No, of @ 55.00 .......... 55.00 42.00 55.00 Passed, adopted and approved this 2nd day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councihnen Total Amount of Bid .... 5,022.03 10% Engineering ..00.... 502.20 5% - 52 days ...00......... 36.27 5,560.50 Auburn St. from S.P.L. Dexter St. to N.P.L. Lot 179 Woodlawn Park Addition Bituminous Andrew W. & Adala K. Lachman, Lot 173, Wood- lawn Park Addition """" 369.47 Leo G. & Anneta Beck, Lot 174, Woodlawn Park Ad. dition ...............,.................. 369.47 Richard L. & Margaret A. Kemp, Lot 175, Wood- lawn Park Addition ........ 369.47 Ray F. & Ruth F. Duehr, Lot 179, Woodlawn Park Addition ............................ 369.47 Lavern J. & Mary Louise Kowalske, Lot 180, Wood- lawn Park Addition ..00.. 369.46 Willis J. & Grace M. Beck- er, Lot 181, Woodlawn Park Addition """"""""" 369.46 Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Bitter. 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 public hearing to consider a pro- posal to issue bonds to pay for as- sessed cost of 1969 Bituminous Concrete Surfacing Project No.1 presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the f01l0wing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 355.70 Resolution providing for the is- suance of Street Improvement bonds for the purpose of provid- ing for the payment of the as- sessed cost of the construction of the City of Dubuque 1969 Bitu- minous Concrete Surfacing Pro- ject No. I. 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 the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $30,991.48 Dollars of the cost there- of sha1l be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to is- sue bonds for the purpose of pro- viding for the payment of the as- 2,216.80 Excavation Unclassified, 370 Cu. Yds. @ 1.35 .... Prime Coat M.C. 70', 200 Gal. @ .23 .................... Bituminous Binder Course, 62.5 Tons @ 10.25 ...... Bituminous Surface Course, 65 Tons @ 10.25 %" Stabilized Rolled Stone Base, 228.95 Tons @ 3.40 ............................ Bituminous Sawing, 19 Lin. Ft. @ .50 .............. Concrete Removal, 12.8 Sq. Yds. @ 2.00 .................. M.H.'s Raised or Lowered 2 No. of @ 55.00 ........ M.H. Ring & Cover, 1 No. of @ 55.00 00...............00. 499.50 46.00 640.63 563.75 778.43 9.50 25.60 110.00 55.00 2,728.41 Minus City Share ........ 726.28 2,002.13 Plus 10% Engineering 200.21 Interest 5% for 52 days 14.46 Assessable Amount ...... 2,216.80 All of which is assessed in pro- portion to the special benefits con. ferred. sessed cost of said improvement and a public hearing has been held, pursuant to such notice and a1l objections 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 construction of tbe CITY OF DU- BUQUE 1969 BITUMINOUS CON. CRETE SURFACING PROJECT NO.1 on the following named streets: 1. AVALON STREET-from the soutb property line of Asbury Road to the south property line of Dirksen's Addition. 2. FLORA PARK-Ice Skating Rink. 3. IDGH BLUFF STREET-from the north property line of Farley to the south property line of Fen- gler Street. 4. JEFFERSON PARK-Play area. 5. LOMBARD STREET-from the north property line of Dodge Street to the east property line of Lot 2-1-1-1-1-1-2 of Lots 1 and 2 of Sister's Addition. 6. NOWATA STREET-from the north property line of University Avenue to the south property line of Loras Boulevard. 7. SUNNYVIEW DRIVE-from the west property line of North Grandview Avenue Avenue to the west property line of St. Ambrose St. 8. MESA DRIVE-from the south property line of Kane Street to the south end of the street. 9. ALTURA DRIVE-from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 10. CERRO DRlVE-from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 11. CORTO DRIVE-from the south property line of Cerro Drive to the south end of street. 12. PERRY STREET-from the west property line of Grandview Avenue to the east property line of Rider Street. 13. AUBURN STREET-from the south property line of Dexter Street to the north property line of Lot 179 of Woodlawn Park Ad- dition. 482 Regular Session, November 2, 1970 14, BERKLEY PLACE-from the west property line of Primrose I Street to the east property line of Oakcrest Drive. 15. MONTGOMERY WARD- Parking Lot patching. there shall he issued street im- provement bonds in the amount of $30,500.00 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be caned street improvement bonds; and shall bear the date of December 3, 1970; and shall be numbered consecutively; and they shan be ~,,:~e~~~j, ~~~~~~~~~o~:r~~d afo~ I such maturity dates as are shown in the following table: Series No., I, Bonds in Series, 7 Bond No., 1592-1598, Den., $500, Mat., April 1, 1970, Amount, $3,500.00. Series No., 2, Bond In Series, 6, Bond No., 1599-1604, Den., $500, Mat., April 1, 1971, Amount, $3,000.00. Series No., 3, Bonds In Series, 6, Bond No., 1605-1610. Den., $500, Mat.. April 1, 1972, Amount, $3,000.00. Series No., 4, Bonds in Series, 6, Bond No., 1611.1616, Den., $500, Mat. April 1, 1973, Amount, $3,000.00. Series No., 5, Bonds in Series, 6, Bond No., 1617-1622. Den., $500, Mat. April 1, 1974, Amount, $3,000.00. Series No., 6, Bonds in Series, 6, Bond No., 1623.1628, Den., $500, Mat., April 1, 1975, Amount, $3,000.00. Series No., 7, Bonds in Series, 6, Bond No., 1629-1634. Den., $500, Mat.. April 1, 1976, Amount, $3,000.00. Series No., 8, Bonds in Series, 6, Bond No., 1635-1640, Den., $500, Mat., April 1, 1977, Amount, $3,000.00. Series No., 9, Bonds in Series. 6, Bond No., 1641-1646, Den., $500, Mat., April 1, 1978, Amount. $3,000.00. Series No., 10, Bonds in Series, 6, Bond No., 1647-1652, Den., $500, Mat., April 1, 1979, Amount, $3,000.00. 3. Said bonds shan bear interest at tho 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 in 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 therein at the option of the City of Dubuque and shan be in substan- tially the following form: No. ........... Series No. CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as 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 presenta. tion and surrender of the interest coupons heroto attached. Both prin. cipal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond Is issued by the city of Dubuque un- der and by virtue of Chapter 396 of the 1966 Code of Iowa, as amend- ed, and the Resolution of said City duly passed on the second dav of Novemher, 1970, being Resolution No. 355-70. This Bond is one of a series of sixty-one bonds all for $500.00 numbered from 1592 through 1652, an of like tenor and date, and is- sued for the purpose of providing for the payment of the assessed cost of tbe construction of the City of Dubuque 1969 Bituminous Concrete Surfacing Project No.1. 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 payahle only out of the Special Assessment Fund 1283 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 all the acts, conditions and things required to be done, prec,,", dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law J\~ar Session, November 2, 1970 and said Resolution, and for the assessment, collection and payment hereon of said special tax, the fun faith and diligence of said City of Duhuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has 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 second day of November, 1970. Donald R. Meyers Mayor Leo F. Fronunelt City Clerk (Form of Coupen) On the ................................ day of ,"""""""""""""""""""""', the City of Dubuque, Iowa, promises to pay to the bearer, as provided in said bond, the sum of .............................. Donars, in the office of the City Treasurer in the City of Dubuque, being .................... months' interest due that date on its ........-............... Bond No. daled Mayor .................................... City Clerk 6. That the Mayor and City Clerk he and they are hereby inltructed 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 law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1283 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 facisimHe signature of the M... yor and countersigned witl> the facsimile signature of the CitY Clerk. 9. That as fast as funds allow, beginning with the second year af- ter the payment of interest due, the City Treasurer is directed to call these bonds in the sallle orcler as numbered. 483 10- Notice of election to eall these bonds shall be given by re- &1Ilar United States mail address- ed to the last known address of the IUlrchaser. PISsed. adoPted and approved this second day of November, 1970. Donald R. Meyers Kayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Couneilmen Attest: I.eo ~- Frommelt Cl"ty Clerk CouncilltWl Couchman moved approval of the resolution. Second- ed by Mayor Meyers- Carried by the following yote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. October 2, 1970 To the ROUoOrabla J4~or awl Cit)' Council Tbi.s ia to advise you that !be construction of Contract U, Sec- tion H, Cedar Street Force Main and work incidental tbereto in and for the City of Dubuque, I..wa, has been completed in accordance with plans, specifications and the contract b:v ud botween Sheesley Plumbing ok Heating Company, Inc. of Kitchell, S<>uth Dakota and the City of Dubuque, Iowa. Rospecttully submitted, Gilbert 1). CMvenelle CilJ/ Manager CouncilmaJ:l Moldenhauer mllved that the eouunuuication be re.- eeived and filed. Seconded by CouDeilman Pregler. Carried by th~ foUowin¡ vote.: Yeas-Mayor Meyers, CouncU- me~ Bittef, Couchman, Molden- hauer, Pregler. NIQ'S-N...ne. FINAL ESTIMATE RI!SOLUTION NO. 356-70 WHEREAS, the contra<I for the Construetion of CIlntract U, Sec- tion ll, CecIaT Street Foree Main has been completed and the City Engineer has submitted his fiœl estimate sh..wing the cost theroof including the etlst of estimate", notices, i"""ection, aud preparinl 4t!4 Regular Session, November 2, 1970 the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque. That the cost of said improve- ment is hereby determined to be $492,371.15. That none of the cost thereof shall be assessable upon private property and $329,888.67, shall be paid from the Storm Sewer Con- struction Fund of the City of Dubuque, and $162,482.48 shall be paid from the Federal Sewage Works Grant WPC-Iowa 338. Passed, adopted and approved this 2nd day of November 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 hy Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (A Resolution Accepting Improvement.) RESOLUTION NO. 357.70 WHEREAS, the contract for the Construction of Contract ll, Sec- tion ll, Cedar Street Force Main has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement he and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized upon the above de- scribed improvement in amount ëqual to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 2nd day of November, 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. October 7, 1970 To the Honorable Mayor and City Council This is to advise you that the construction of Contract 1, Section I - Couler Valley Collector Sewers and work incidental thereto in and for the City of Dubuque, Iowa, has been completed in accordance with plans, specifications and the con- tract by and between Winona Plumbing Company, Inc. of Wi- nona, Minnesota and the City of Dubuque, Iowa. Respectfully suhmitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the following vote. Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. FINAL ESTIMATE RESOLUTION NO. 3S8-70 WHEREAS, the contract for the construction of Contract 1, Sec- tion 1, Couler Valley Collector Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of es- timates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, 485 Regular Sessiou, November 2, 1970 That the cost of said improve- ment is hereby determined to be $889,483.80. That none of the cost thereof shall be assessable upon private property and $595,954.15 shall be paid from the Storm Sewer Con- struction Fund of the City of Dubuque, and $293,529.65 shall be paid from the Federal Sewage Works Grant WPC-Iowa 338. Passed, adopted and approved this 2nd day of November 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, Bitter. Nays-None. (A Resolution Accepting Improvement.) RESOLUTION NO. 359.70 WHEREAS, the contract for the construction of Contract 1, Section 1, Couler Valley Collector Sewer has been completed and the City Manager has exanÜned the work and filed his certificate stating that the same has been completed according to the terms of the con- tract. plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, hy the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized upon the above de- scribed improvement in amount equal to the amount of his con- tract. less any retained percentage provided for therein. Passed, adopted and approved this 2nd day of November, 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. Communication of Karl E. Just- mann submitting a condition of building report on the old car- riage house located at 1203 Grove Terrace, described as S.'h of W. 25' of Lot 760 and the N'h of W. 25' of Lot 760 A. McDaniels Sub- division, and withdrawing any fur- ther consideration in restoring the same as previously indicated, pre- sented and read. Councilman Bit- ter moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of B u i! din g Commissioner Bandy recommend- ing adoption of Resolution No. 318-70 relative to the condemna- tion and removal of the building located at 1203 Grove Terrace pre- sented and read. Councilman Preg- ler moved that the commuuication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Some discussion arose as to the excessive cost required to remove some of the dismantled buildings to be borne hy the City, and if at least part of the cost could be acquired from the property own- er, other than just assessing the property. Councilman Pregler moved that the City Solicitor be instructed to .. Regular Session, Novembèr 2, 197() find out if there would be 11 meth- od of regaining funds from the pro- perty owners invested in the cost of dismantlll1g buildings. Seconded by Countllnmn Moldenhauer. Car- ried by the followillg vole: Yeas-Mayor Meyers, Council- men Bittel', Co\ll!hman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 311\.7'0 WHERKAS the CiQ' Manager haS reported to the City Council that the Imilðings and pre1b!ses located on the south ooe-half of W. 25 feet of lot 760, A. McDaniels Sub4ivision owlleù by Dora, Don" aid and Lorin Fleege; and located on the north one-half of W. 25 feet of lot 760, A. McDaniels Sub- diVision oW!1ed by John alld Agnes Weida; rèèOrda in the Dubuqlle County Court House atatè that the structure is noW owned by tJu- buqu-e County, City of DubU< uè, Dubùque Coul1ty, Iowa, are dan- gerous to life and health because of their condltlol1 and that d.. mand has been mllde by him upðn Ðubuqùe County Ylond of Super- visors, 720 Central Avenue, Du- huque, Iowa; Duhuque COUlIty 't'reasu\'er, 720 Central Avenue, Dubuque, Iowa; Dubuque County Assessor, 720 Central Aven\1 !, Dubuque, Iowa; Mr. Lorin C. Fleège, 2599 Mineral Street, Dubuque, Iowa; Mrs. Dora K. Fleege, 1I:ohl nome, Davenport, Iowa; Mr. Donald Fleege, Rural Free Delivery, Galena, illinois; John and Agnes Weida, 1263 Grove Terrace, Dubuque, Iowa, as owners of said property that the condition complained. of be corrected and that said owner has faÛed to correct the condi- tIons within the tIme provided by the notice; and, WHEREAS on August 24, 1970, the City Council set said. report down for hearing at 7,~ o'<lock P.M. Central Daylight Time . on September 21, 1970, in the City Council Chamber in the City Hall in the City of Dubuque, Dubllque County, Iowa, and directed the City Clerk to gIve notlœ of laid hooting, aM, WHEREAS It appears by return of !;eI"v\ce now 1m file In !be rec. ords of the City Council that no- tice of said hearing waa giveR by servin¡¡ hy Registered Mallon Anguli! . 26, 197b, and hy publica- tion in the Telegraph-Herald news- paper on August 28, 1970, WHt;:REAS pursuant to said no- ti~ 011 oreler of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on September 21, 1970, in the City Council Chamber In the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an opportunity to be heard and witnesses concerning the conditIon of the property and the hazard was heard; and, ~S the Council has duly considered the testimony of the witnesses and viewed the prem- ises and has reached its determina- tioh. NOW, THEREFORE, BE rr RE- SOLVED BY THE CITY COUNCIL OF THE crry OF DUBUQUE, IOWA: Section 1. That the structures known as 1203 Grove Terrace and located on south one.half of W. 25 feet of lot 760, A. McDaniels Sub- division, aM located on north one-half of W. 25 feet of lot 760, A. McDaniels Sub-division in the City of Dubuque, Dubuque Coun- ty, Iowa, be and the same are here- by foUIld and declared to be dan- gerous to lift!, health and proper- ty and a lIuisallœ. Seetibn 2. That the City Manager be and is hereby authorized and direétèd to tause the structure known àS 1203 Grove Terrace and located On south one-half of W. 25 25 teet of lot 760, A. McDaniels Sub-dl~ision, and located on north one.half of W. 25 feet of lot 760, A. McDaniels Sub-division in the City of Dubuque, Dubuque County, Iowa, to be dismantled and re- moved, Section 3. That upon completion of sam wòrk, the City Manager shall certify the cost thereof to the CiI~ Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. SectIon 5. That the City Clerk be and is hereby directed to re- cord a certified copy of this Re- Regular Session, November 2, 1970 solution in the office of the Coun- ty Recorder of Dubuque County, IOW\t. Passed, adopted and approved this 2nd day of November, 19'70. Donald R. Meyers Mayor Waller A. Pregler Wayne A. Moldenhauer GaYlol'd M. Conehman lOileph J. Bittel' Councilmen Attest: Leo F. Frommelt CIty clod: Councilman Bitter mo..ed adop- tion of the re$OIUtioIl. SeèOnded by Councilman Couchlttan. Carried by the following vote: Yeas ~ Mayor Meyers, Coöfieil- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Phyllis Jones reqlleSt- ing annexation of Lot 1()1 , Lot 103 and W. 7' of Lot 102 O'Neill's Riverview Sub, also resolutiol1 to- Vering the proþòsed annexation, presented and read. Couneiltnan Pregler moyed that the petition and resolution be referred to the Planning &: Zoning Commission. Seconded by Couneilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Coilehlltan, Molden. hauer, Pregler. Nays - None. RESOLUTION No. ~.10 WHEREAS, the City of Duhu- que, Iowa and DUbuqUe County, IOwa have entered ÚltO a Joint County-City Law ÈIIforcement Cen- ter Building Agreement, and which, among other thingS, CO'l"ers tbe tentlS of the erection, construc- tion, maintenanœ and operation of a Joint taw Enforcement Cen- ter, and WHEREAS, the pi.'èSent County Jail has been condemned, as un- fit for human occupancy, and ~AS, the County of DUbU- que is required and compelled to house, transmit and transport pri- soners to adjoining coUnties at a tremendous eost and i~onvenience to the Sheriff's deþllrtli1ènt of the Còunty of Dubuque, as well as a tremendous eóat tð tile tàKpayers of the CoUnty of DUbUque, Iowa, aDd WHEREAS, after eonstderable 'Work and effort by all þ8l'ties 487 concerned, þlens ha"" been pre- pared for the erection and con- strnctiDn of a Joint Law Enforce- ment Center that would solve the þ1tIbletns of llle County of Dubu- que and the City of Dubuque, Inwa at a MaximuM saving to the tax- P/iyers of the County of Dubuque and the City of Dubuque, State of Iowa, and WHElŒAS, It eónclUsively ap- pears alia Is demonstrated that the erection, constrnction and maiJltellance nf the Joint CoUllty- City Law Enforœmellt Center is COftSlstellt with the eollcept nf the Regional Jail Plan, NOW ~RÈ BE IT RE. SOLVED BY 11IE CITY COUNCIL 01" TIiE CITY OF DUBUQUJ;), IOWA: ~n 1. That the City Council of the City of Dubuque, lows does, and hereby goes on record as over- whelmingly being in favor of the erection and construction alld l1ûIintenallce of a Joint County- City Law Eni'orcement Center as the erection and construction and maifitenànce of ~ueh a facility purpoSè. Sottli>n "2. The City CoRnell of the City of Dubuque, Iowa does, and it hereby, goes formally on rMord nf nrgÚlg the eitizells of the City of Dubuque, IoWa to vote YES on the proposition submitted tò tile electòra!é at the general eleetinn to he held on tbe 3rd day of November, 1970, and the City further urges All citizens to vote YES as to the County of Du- bUqUe proposition to issue bonds for sucll b lacllit,. Passed, approved and adopted this 2nd dAY of No~ember, 1970. Donald R. Meyers Mayor Walter A. 1'reglet' Wayne A. Moldenhauer Gilylord M. Couchman Joseph J. Bitter Councilmen Atte.st: læn F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the follo\Oing vote: Yeas - Mayor Meyers, Council- tnell Bitter, Couchman, Molden- hatter, Pregler. Nays-None. Regular Session, November 2, 1970 WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT John F. Glynn, 760 East 16th Street. Marcella McCarty, 2093 Washing- ton Street. American Veterans of WW2 and Korea Post #3, 36 West 4th Street. Clara L. Jobnson, 1543 Central Avenue. Russell E. Myers, 1618 Central Avenue. Richard T. Hillard, Prince & East 22nd Street. John J. Glynn, 431 Rhomberg Ave. nue. Beecher Co., Inc., 2399 Wbite Street. Gerald L. Robinson, 8th & Main Street. CLASS "C" BEER PERMIT Nabors of Iowa, 1920 Elm Street. Florence E. Chalder, 113 Main Street. The Great Atlantic & Pacific Tea Co., 1101 Central Avenue. Nash Finch Company, J.F. Ken- nedy Road. Osco Drugs, 703 Main Street. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 2nd day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilman Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. 488 RESOLUTION NO. 361.70 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 ordinances of the City. CLASS "B" BEER PERMIT John F. Glynn, 760 East 16th St. Marcella McCarty, 2093 Washing- ton St. American Veterans of WW 2 and Korea Post #3, 36 West 4th St. -Clara L. Johnson, 1543 Central Avenue Russell E. Myers, 1618 Central Avenue Richard T. Hillard, Prince & East 22nd St. John J. Glynn, 431 Rhomberg Ave. Beecher Co., Inc., 2399 White St. Gerald L. Robinson, 8th & Main St. CLASS "C" BEER PERMIT Nabors of Iowa, 1920 Elm St. Florence E. Chalder, 113 Main St. The Great Atlantic & Pacific Tea Co., 1101 Central Ave. Nash Finch Company, J. F. Ken- nedy Road Osco Drugs, 703 Main St. I Passed, adopted and approved this 2nd day of November, 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 Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 362.70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Regular Session, November 2, 1970 RESOLUTION NO. 363-70 WHEREAS, applications for Liq- uor permits have been suhmitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 123-as amend- ed by the 60th General Assembly, 1963. CLAS5 "C" COMMERCIAL ESTABLISHMENT John F. Glynn, 760 East 16th St. Karl Henry Oleson, 1701 Asbury St. Clara Lillian Johnson, 1543 Cen- tral Avenue Frank J. & Phyllis Licciardi, 504 Bluff St. John J. Glynn, 431 Rhomberg Ave- nue Richard T. Hillard, Prince & East 22nd St. Gerald L. Robinson, 8th & Main St. Passed, adopted and approved this 2nd day of November, 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 Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 364-70 WHEREAS, applications for Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; 489 NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John F. Glynn, 760 East 16th St. Karl Henry Oleson, 1701 Asbury St. Clara Lillian Johnson, 1543 Cën- tral Avenue Frank J. & Phyllis Licciardi, 504 Bluff St. John J. Glynn, 431 Rhomberg Ave. Richard T. Hillard, Prince & East 22nd St. Gerald L. Robinson, 8th & Main St. Passed, adopted and approved this 2nd day of November, 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 Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mayor Meyers recommended the following appointments: Mr. Do- nald E. Sanders to Planning & Zoning Commission to fill the un- expired term of Bud Gavin to May 24, 1972; Malachi Duncan Jr. to the Human Rights Commission to fill the unexpired term of Paul Gisch to January 1, 1973; F. J. Schreiber to the Dock Board for a 3 year appointment term to No- vember 26, 1970; Donald H. Ehlers reappointed to Board of Electrical Examiners for a five year term to December 31, 1975; Donald H. Eh- lers reappointed to Electrical Board of Appeal for a five year term to December 31, 1975. Councilman Couchman moved approval of the appointments. Se- ~ Regular Se$sÍQl\, NO_bel 2. 1\1.10 cO1lded by CoQDcillI\an :Bitter, Car. ried by the following 'fOte: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. There being nO ftuther business upon motion the meetil18 adjourn- ed. Leo F. FrODl.welt City Clerk APproved ""."""""""""""""" 197.... Adopted 197.... """""""""""M;Ÿ~~""""""""""""" ........................................................... ............................................................ ........................................................... """""""""'c~~;;~¡¡;;;~;;"""'" ........ ........".................. Attest: """"ëi¡ÿ"'cierk Special Session, November 4, 1970 CITY COUNCIL OFFICIAL Special Session, November 4, 1970. Council met at S:OO P.M. Cen. tral Standard Time. Present - Mayor Meyers, Coun. cilmen Couchman, Moldenhauer, Pregler. City Manager Gilbert D. Chayenelle. Absent - Councilman Bitter. Mayor Meyers read the call and been duly made and this meeting is called for the purpose of CAN- V ASSING AND DECLARING THE RESULTS OF A SPECIAL ELEC- TION ON A JOINT COUNTY- CITY LAW ENFORCEMENT CEN- TER BUILDING BOND PROPOSI- TION, and acting upon such other bu,iness as may properly eome before a regular meeting of the City Council. Petition of Mrs. Kendrick G. Williams requesting installation of a street light at Kelly Lane and Pego Court, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Se- conded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Moldenhauer, Pre- gler. Nays - None. Absent - Councilman Bitter. Petition of Key City Investment Co. requesting permission to exca- vate on Kennedy Road. presented and read. Councilman Pregler moved that the petition be ap- proved subject to approval of the Eugineering Department. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays-None. Petition of Lawrence Hefel et al requesting vacation of a portion of National Street that lies be- tween Keokuk Street and Burling- ton Street, presented and read. Councilman Pregler moved that the petition be referred to the Plan- 491 uing & Zoning Commission for in- vestigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council. men Couchman, Moldenhauer. Pregler. Nays-None. Absent - Councilman Bitter. October 30, 1970 Hon. Mayor and City Council Action was filed in the Dubuque County District Court wherein Do- rothy K. Freeman was plaintiff and naming the Tri-State Convales- cent Center, Inc. and City of Du- huque, defendants, and claiming therefrom damages in tbe amount of $5,000.00 for injuries allegedly suffered by plaintiff on February 22. 1969 and that this office has made an investigation of this mat- ter and that claim has been assert- ed against the contractor doing the work abutting sidewalk area at or near Birch Street and Fenelon Place. Offer of settlement has been made and the City's contribution for settlement is in the amount of $100.00. It is the recommendation of the City Attorney that said offer of settlement should be accepted and that the City Auditor be instructed to draw a warrant payable to Do- rothy K. Freeman in the amount of $100.00 for delivery upon re- ceipt of Dismissal of said action. Original notice with petition is en- dosed herewith. Respectfully submitted. R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by tbe following vote: Yeas - Mayor Meyers, Council- men Couchman. Moldenhauer. Pregler. Nays - None. Absent - Councilman Bitter. October 30, 1970 Hon. Mayor and City Council On March 20, 1970, William A. Conzett of 1933 Pierce Street, Du- buque, Iowa ,filed claim against tbe City of Dubuque for damages allegedly suffered on March 7, 1970 as the result of a back up of sewer. 49~ Special Session, November 4, 1970 This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to the office of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of William A. Gonzett be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays - None. Absent - Councilman Bitter. October 30, 1970 Hon. Mayor & City Council On March 28, 1970, Delbert G. Miller of 2512 Pennsylvania Ave- nue, this city, fileed claim against the City of Dubuque, Iowa for da- mages allegedly suffered on March 7, 197(} as the result of a back up of sewer at 1933 Pierce Street, Du- buque, Iowa, same being property owned by claimant. This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this of- fice of no liability and in view of the foregoing it is the recommen- dation of the City Attorney that the claim of Delbert G. Miller be denied. Original claim is attached here- to Respectfully submitted, R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays - None. Absent - Councilman Bitter. Notice of claim of Harry J. Be- mis, in the amount of $171.60, for damage incurred as the result of a car accident on August 25, 1970. presented and read. Mayor Meyers --- moved that the notice of claim be referred to the City Solicitor for investigation and report. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays - None. Absent - Councilman Bitter. Notice of claim of David M. Schmitt of 1726 Sharon Drive, in the amount of $778.22 for property damage incurred as the result of a backed-up sauitary sewer on Ot- tober 4, 1970, presented and read. Mayor Meyers moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council. men Couchman, Moldenhauer, Pregler. Nays - None. Absent - Councilman Bitter. Proof of Publication of Mayors Proclamation of Notice of Special Election on the issuance of bonds in the amount of $300,000, present- ed and read. Councilman Pregler moved that the proof of publIca- tion be received and filed. Second- ed by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays-None. Absent - Councilman Bitter. RESOLUTION NO. 365.70 RESOLUTION canvassing and de- claring the results of a special elec- tion on a Joint County-City Law Enforcement Center Building bond proposition. WHEREAS this City Council did heretofore, at a duly convened meeting held on the 5th day of October, 1970, call a special elec- tion to be held in and for the City of Dubuque, Iowa, on Novem- ber 3, 1970, and ordered that there be submitted to the qualifi- ed electors of said City at said election the following proposition Shall the City of Dubuque. Iowa, issue bonds In the sum of $300,000 to pay Its portion of the cost of constructing and equipping 8 building to be loint- Special Session, November 4, 1970 Iy acquired, constructed, equip. ped, used and occupied by Dubu. que County, Iowa, and by the City of Dubuque, Iowa, for coun. ty and city law enforcement purposes? WHEREAS the election on said proposition was duly and legally held and the returns thereof have been certified and filed with this City Council and duly canvassed; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That it is hereby found, determined and declared that the election on the proposi- tion referred to in the preamble hereof was unfavorable thereto: that the total numher of affirma- tive votes on said proposition at said election was not equal to or more than sixty per cent (60%) of the total number of votes cast for and against said proposition at said election, and said proposition is hereby declared not carried. Section 2. That a record of the votes cast by precincts on said proposition is hereby made as follows: Defec. Precincts "Yes" "No" tlve First 827 497 (} Second 837 480 0 Third 298 167 10 Fourth 253 130 0 Fifth 473 223 0 Sixth 806 525 0 Seventh 139 64 0 Eighth 326 194 0 Ninth 271 184 0 Tenth 505 287 0 Eleventh 685 599 0 Twelfth 273 201 0 Thirteenth 489 504 0 Fourteenth 587 430 0 Fifteenth 537 420 0 Sixteenth 1166 897 0 Seventeenth 560 352 0 Section 3. That a record of tbe aggregate votes cast on said pro- position is hereby made as follows: For Against Spoiled 9032 6154 10 Section 4. That all resolutions and orders or parts thereof, in so far as same may be in conflict herewith, are hereby repealed and this resolution shall become effec- tive immediately. 493 Passed and approved November 4, 1970. Donald R. Meyers Mayor Attest: Leo F. Frommelt City Clerk Recorded November 4, 1970. 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 Couchman, Moldenhauer, Pregler. Nays-None. Absent - Councilman Bitter. RESOLUTION NO. 366-70. 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 license be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT John Henry, 1646 Asbury Street Ronald L. Blakeman, 1902 Central Avenue Passed adopted and approved this 4th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays - None. Absent - Councilman Bitter. RESOLUTION NO. 367.70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they 4.94 Special Session, November 4, 1970 have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "8" BEER PERMIT John Henry, 1646 Ashury Street Ronald L. Blakeman, 1902 Central 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 4th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- conded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Co U c h man, Moldenhauer. Pregler. Nays-None. Absent-Councilman Bitter. RESOLUTION NO. 368-70 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 Dubuquo, Iowa, that the following having complied with the terms of the IOWA LIQ- UOR CONTROL ACT-CHAPTER 123-as amended by the 60th Gen. eral Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT John Henry, 1646 Asbury Street Ronald L. Blakeman, 1902 Central Avenue Passed, adopted and approved this 4th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Co u c h man, Moldenhauer, Pregler. Nays-None. Absent--Councilman Bitter. RESOLUTION NO. 369.70 WHEREAS, applications for Liq- uor permits were filed hy 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 honds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plican~ a Liquor Permit. GLASS "C" COMMERCIAL ESTABLISHMENT John Henry, 1646 Asbury Street Ronald L. Blakeman, 1002 Central Avenue Passed, adopted and approved this 4th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Co u c h man, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Special Session, November 4, 1970 495 Communciation of City Solici- tor R. N. Russo submitting a re- port on the investigation of the Theodore R. Ellsworth case that the conduct of the officers, was so far below the minimum stan- dards of police work that inquiry should be made to determine the reason for the preferential treat- ment given this subject and ap- propriate action to prevent the recurrence of such practices and further that action on this matter has not been taken prior hereto by reason of factors beyond the direct control of his office, pre- sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Co u c h man, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. ORDINANCE NO. S8.70 An Ordinance authorizing Con. stance Supple and Mildred Brady to construct an electrical out. door lal11fl at 1270 West 5th Street, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Co u c h man, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Co u c h man, Moldenhauer, Pregler. Nays-None. Absent - Councilman Bitter. ORDINANCE NO. 58-70 AN ORDINANCE RIZING Con- s pie and Brady TO CT AN lCAL OUT- AMP AT WEST 5th BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: and f oral laws and the Ordlnances of the Secllon 3. That hereIn granted 'S tioned on permittees a) Assume any and dalnagu .. _sons or property whlcl1 may "",olt from the ea- Istence. construction or mOinte- l1"'ce of ..... outdoor 01- lamp. b) To pay ou behalf of the City of Dubuque all _s whioh the City of Dubuque sI1alI become -.. ed to PdY by reasuu of tne ha- bUlty lmposed upon the CIty of Dubu~e for damages of any ldnd ~~¡IO~ Z:,mm~"œ::!.-¿:n~ ~~.ï outdoor electrical lamp, sustained t~ ~~~s~r o~ure"::\';'e~' t:us"e~ fend at .. behalf agslnst I tng out -- tion or c. any and aU clslmS, loss. and expense for Injuries to third persons or damages to property of third porsona, or for damage t':,q~y w&f~.:~y ~co~ty asofa Dr'; Solt of or In connection wlth the construction, maJnteuance and re- ::~.g{en\"~e::m~ :'~~t,. or ~- der sco" Mildred bas been and the sccepted endorsed V" """ V'UU'dU"". Psssed. adopted and approved this 4th day of November, A.D., 1970. Donald R. Meyers Msyor ~:~~ ~: rt01~~':-hsuer Gavlord M. Couchman Councilmen Attest, Leo F. Frommelt City Clerk ------ 496 Special Session, November 4, 1970 ACCEPTANCE OF ORDINANCE NO. sa-70 The unde"lgned having read and be- ing familiar with the term' and con- diUon, of Ordinance No. 58-70 hereby. for lhem'elve', theIr ,ucce"o" or a.. ,igno, .. owne" of the ahuttIng prop- erty. accept the ,ame and agree to be hound by the condition' and agree- menb therein contained to he per- formed by permIue... Dated November 4, 1970. By Con"ance Supple & Mildred Brady Property Owne" H.;.~~:l'~~~;::'.~:'\hl:n 2Jr.:> Ja~er.a*~ vember 1970. Leo F. Frommelt CIty Clerk It. 11-20 Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Couch- man. Carried by the foUowing vote: Yeas-Mayor Meyers, Council- men Co u c h man, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Leo F. Frommelt City Clerk Approved 197.... Adopted 197.... ............................................................ """""""""""""""""""'ë~~~~¡ï;;;~~ Attest: """"'ëiïÿ'ëi~~k""""""""""'" Special Session, November 11, 1970 497 CITY COUNCIL I (OFFICIAL) Special session, November 11, 1970. Council met at 7:45 P.M. (C.S.T.) Present - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- auer, Pregler. City Manager Gil- bert D. Chavenelle. The meeting was called by the Mayor and Council and was con- ducted in the City Manager's Of. fice because the regular Council Chamber was occupied by the Advisory Commission holding a regularly scheduled meeting. The purpose of the meeting was a can for discussion of a letter submitted by the City Solicitor dealing in personalities. At 7:45 P.M. Mayor Meyers moved for a closed session for reasons compelling to override a general policy of a public meeting. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- auer, Pregler. Nays-None. The Council reconvened in regu- lar session at 11:45 p.m. upon motion by Councilman Pregler. Seconded by Councilman Bitter. Carried hy the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- auer, Pregler. Nays-None. In discussing the subject matter of Mr. Russo and Chief O'Brien the City Council has come to this conclusion. 1. The Council believes that the timing and the manner of the presentation of the Solicitor's letter were most unfortunate. We regret the public exposure of the letter prematurely to Council consideration and we de- plore the fact and inter-depart- mental charges were puhlicly exposed. We believe that good City Government requires a good working relationship be. tween departments and in this instance the best interest of the Police Department the office of the Solicitor and the City will now be best served by solid working relationships between the two divisions and we antici- pate this result. 2. The overall public interest is best served by not re-hearing the charges and counter charges therefore no just good can come from further pursuit of the matter. 3. This Council must insist that all City employees follow clearly indicated official administrative channels in the discharge of their official responsibilities. Councilman Pregler moved that the statement be accepted as the statement of the City Council and a copy be given to Mr. Russo, Mr. O'Brien, and the news media and this be made a matter of public record. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays-None. There being no further business Councilman Pregler moved to ad- journ- Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays-None. Leo F. Frommelt City Clerk Approved 197.... Adopted 197.... """"""""""""""""""""""""'""", ........................................................ ........................................................ Attest: ........................................................ City Clerk 498 Special Session, November 16. 1970 CITY COUNCIL OFFICIAL Special session, NovembeT 16, 1970. Co\lDcil met at 7:80 P.M. (C.S.T.) Present - Mayor Meyers, Coun. cllmen Bitter, CoUChIDlID, Molden. auer, Preglor. City Manager Gil- bert D. ChaveneUe. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting i.s called for the purpose to con- sider APPLICATION FOR STATE AND FEDERAL ASSISTANCE, PHASE 2, SEWAGE PLANT CON. STRUCTION and acting upon such other business as may properly come before a regular meeting of the Council. ColIllDunication of Dubuque Ad- visory Commission submitting a resolution urging tho Council to adopt an Ordinance which would allow the City to demand that a land developer set aside ten per- cent of land or cash equivalent for park & recreational purposes. pre- sented IIDd read. Councilman Moldenhauer moved that the eommunicatlon be refer- red to the Planning & Zoninc Com- mission and if they forsee some delay about February then they should bring in an ordinance that would affect new development. Seconded by Councilman Pregler. Carried by the following vote: Veas - Mayor Meyers, Council. men Bitter, Couchman, Molden. auer, Pregler. Nays-None. Commuuication of State Depart- ment of Health isuing a permit No. 70-27305 for disposal of wastes and approval of plans and specifica- tions for construction of Lift Sta- tio" and Force Main "Hamilton Glen" Apartment Complex, pre- sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, CouchmllD, Molden- auer, Pregler. Nays-None. Communication of Dubuque Code Committee recommollding that the 1965 Fire Prevention Code dated February 1968 be amended to the new 1970 Fire Prevention Code, presented and read. Mayor Meyers moved that the communi- cation be referred to the City Soli. cltor. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Couneil- men Bitter, Couchman, Molden- auer, Pregler. Nays - None. To the Honorable Mayor and City Council I herewith submit the teports of the City Auditor and City Treasur- er, as well as a list of Claims, for the month of October 1970. Respectfully, Gilbert D. Chavanelle City Manager Councilman Moldenhauer moved that the reports be received and filed. Seconded by Councilman Couchman. Carried by the foUow. in¡¡ vote: Yeas - Mayor Meyers, Couneil. men Bitter, Couchman, Mulden- auer, Pregler. Nays-None. Communication of Low Rent Housing Commission submitting minutes of their meeting of Nov- ember 10, 1970 and requesting Cauncil attendance at their work- shop meeting ICheduled for Nov- ember 18th, presented and read. Councilman Pregler moved that the eolIllDumcaüon be received and filed. Seconded by Couneilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Cooncil- men Bitter, CollchlDan, Moldell' auer, Pregler. Nays-None. Notice of ClaiIII of Bernard J. Shiremall in an estimated alDOWlt from $65 to $100. for car damage iucurred as the result of being struck by a city vebicle wbile mak- ing a delivery of rubbish to the City Landifll on Oetobu 24, 1970. Councilmall Couchman moved that the claim he referred to the City Solicitor for illvestigatlolt. and re- port. Seconded by Counclhnan Pregler. Carried by u.e following vote: Yeas - Mayor Meyers, Coun<:il. men Sitter, Cow:hmalI. Holden. auer, Pregler. Nays-None. Special Session, November 16, 1970 499 Notice of Claim of Mrs. John Maureen Schultz, in an undeter- mined amount, for personal inju- ries received in a fall in the cross- walk at the intersection of Main and Eleventh Street on October 12, 1970, presented and read. Councilman Couchman moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays-None. Notice of Suit of Alberta Kun- kel in the amount of $25,000 for personal injuries received in a fall on 16th Street between Jack- son and Washington Streets on November 24, 1970, presented and read. Councilman Couchman moved that the notice of suit be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays - None. Petition of Philip T. Langas re- qnesting rezoning of Pbil's Pizza and Chicken Hut at 1105 Loras Blvd. from Class A to Class B presented and read. Councilman Moldenhauer moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- aer, Pregler. Nays - None. Petition of Daniel D. Boge re- questing a refund of $50. on the unexpired portion of cigarette lic- ense No. 196, as he has discon- tinued business on August 1, 1970, presented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couch- man. Carried by the followJng vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays-None. Petition of Donald Plumber re- quested a refund of $50. on the unexpired portion of cigarette lic- ense No. 249, as he has discon- tinued business on October 15, 1970, presented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of John B. Burgmaler requesting a refund of $50, on the unexpired portion of cigarette lic- ense No. 77, as he has discontinu- ed business on November 5, 1970, presented and read. Mayor Meyers moved that the refund be granted and the Audi- tor instructed to Issue proper war- rant. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. November 5, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal to voluntarily annex property owned by the Mississippi Valley Milk Producers Association. This property is located on both sides of Rockdale Road and south of an extension of Southern Avenue. This property is described as that portion of Lot 2 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of re- subdivision of part of Shipton Addition, Dubuque County, Iowa, which lies north of the county road described in Book of Lands, book 48, page 263 and 264, Lot 2 of Lot 3 of resubdivision of part of Shipton Addition. Dubuque Coun- ty, Iowa, Lot 2 of Lot 6 of the re- subdivision of part of Shipton Ad- dition, Dubuque County, Iowa and Lot 2 of Lot 1 of Lot 6 of the re- 500 Special Session, November 16, 1970 subdivision of part of Shipton Ad- dition, Dubuque County, Iowa. The Commission found that the property in question is contiguous to the City Limits and that it is a part of the lower Catfish Creek area which is proposed to be an- nexed to the City in the annexa- tion program in the Dubuque De- velopment Program. It is the recommendation of the Planning and Zoning Commission that this annexation be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the annexation. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 370-70 A Resolution Annexing Certain Territory to the City of Du. buque, Iowa. WHEREAS, Mississippi Valley Milk Producers Association is the owner of the following described real estate respectively, to wit: that portion of Lot 2 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of resubdivi- sion of part of Shipton Addition, Dubuque County, Iowa, which lies north of the county road described in Book of Lands, book 48, pages 263 and 264, Lot 2 of Lot 3 of resubdivision of part of Shipton Addition, Du- buque County, Iowa, Lot 2 of Lot 6 of the resubdivision of part of Shipton Addition, Du- buque County, Iowa and Lot 2 of Lot 1 of Lot 6 of the resub- division of part of Shipton Ad- dition, Dubuque County, Iowa. WHEREAS, said owners of the hereinabove described territory have made written application to the City Council of Dubuque, Iowa to annex the hereinabove described territory to the City of Dubuque, Iowa; and WHEREAS, said territory and the inhabitants thereof will be en- abled to secure the benefits of City Government if said territory is incorporated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30 of the 1966 Code of Iowa authorizes the extension of City Limits in situa- tions of this kind by adoption of a Resolution therefor. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: S!!Clion 1. That the territorial limits of the City of Dubuque, Iowa are hereby extended by an. nexing to the City of Dubuque, Iowa, the following described ter- ritory: that portion of Lot 2 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of resub- division of part of Shipton Ad- dition, Dubuque County, Iowa, which lies north of the county road described in Book of Lands, book 48, pages 263 and 264, Lot 2 of Lot 3 of resubdivision of part of Shipton Addition, Du- buque County, Iowa, Lot 2 of Lot 6 of the resubdivision of part of Shipton Addition, Dubuque County, Iawa, and Lot 2 of Lot 1 of Lot 6 of the resubdivision of Part of Shipton Addition, Duhuque County, Iowa- Section 2. That the City Clerk be and he is hereby directed to file in the office of the Dubuque Coun- ty Recorder a certified copy of this Resolution. Passed, adopted and approved this 16th day of November, 1970. Donald II. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Conchman moved adoption of the resolution. Secon- ded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Special Session, November 16, 1970 501 November 2, 1970 To the Honorable Mayor and City Council This is to advise you that the 1969 Traffic Signal Project No.1, which included Traffic Signals at the intersections of Dodge Street and Bryant Street; Loras Avenue and Grandview Avenue; and John F. Kennedy Road and Pennsylvania Avenue, has been completed in ac- cordance with plans and specifica- tions by Tschiggirie Excavating of D'lbuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the communication 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. Final Estimate RESOLUTION No. 371-70 WHEREAS. the contract for the 1969 Traffic Signal Project No. 1 at intersections of: Dodge Street & Bryant Street, Loras Ave- nue & Grandview Avenue, John F. Kennedy Road & Pennsylvauia Avenue has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $19,871.83. That None of the cost thereof shall be assessable upon private property and $19,871.83 shall be paid from the utilities and street Fund of the City of Dubuque. Passed, adopted and approved this 16th day of November, 1970. Donald II. 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 Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman. Molden- hauer, Pregler. Nays - None. (A Resolution Accepting Improyement.) RESOLUTION No. 372.70 WHEREAS, the contract for the Construction of the 1969 Traffic Signal Project No.1 at inter- sectians of: Dodge Street & Bryant Street, Loras Avenue & Grandview Avenue, John F. Kennedy Road & Pennsylvania Avenue has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and re- commends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the Citv Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized in amount equal to the amount of his contract less any re- tained percentage provided for therein. Passed, adopted and approved this 16th day of November, 1970. Donald II. 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 Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. 502 Special Session, November 16, 1970 RESOLUTION No. 373-70 Authorizing the Execution and Delivery of Deed to Graham'S Style Store for Men, Inc. for Sale of Land in the Do_town Urban Renewal Protect, Iowa R-IS. WHEREAS, under date of No- vember 12, 1970, the City of Du- buque and Graham's Style Store For Men, Inc. entered into a Con- tract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelop- ment by Graham's Style Store For Men, Inc. WHEREAS, Graham's Style Store For Men, Inc. have complied with the conditions of said Contract, and have requested that the City of Dubuque 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 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Graham's Style Store For Men, Inc. for the sale of Disposition Parcel I No.7 of Block No.7 in the Down- town Urban Renewal Project, Iowa R-15, legally described as Block 10 in Dubuque Downtown Plaza in the City of Dubuque, Iowa containing 7,958.72 square feet, more or less. Section 2. That the Director of I the Department of Urhan Renewal is hereby authorized and directed to deliver said Deed to Graham's Style Store For Men, Inc. upon re- ceipt of the purchase price of $35,- 257.13 on the basis of $4.43 per square foot for 7,958.72 square feet. Passed, approved and adopted this 16th day of November, 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 hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Councilman Pregler commented on the extremely hazardous traffic problem at the intersection of Ken. nedy Road & Wacker Drive. The Council was informed by the Man- ager that it has resolved itself as an Equipment and Easement prob- lem. Councilman Pregler moved that the problem be referred to the City Manager for further investigation and report. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. November 12, 1970 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1970 Bituminous Concrete Paving Project No.1 has been completed in accordance with the City of Dubuque plans and specifications. I, therefore, recommend the ac- ceptanco of the above named project. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Meyers. Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Final Estimate RESOLUTION No. 374-70 WHEREAS, the contract for the City of DUbuque 1970 BituminouS Concrete Paving Project No.1 has been completed and the City En- gineer has submitted his final es- timate showing the cost thereof in- cluding the cost of estimates, no- tices, inspection, and preparing the assessment and plat, noW there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, Special Session, November 16, 1970 503 That the cost of said improve- ment is hereby determined to be $64,026.10. That $20,081.S5 of the cost there- of shall be assessable upon private property and $43,944.75 shall be paid from the Road Use Tax Fund: $38,371.47 and Park Improvement Fund: $5,573.28 of the City of Du- bucjue. Passed, adopted and approved this 16th day of November, 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. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notke.) RESOLUTION No. 375-70 WHEREAS, the contract for the City of Dubuque 1970 Bituminous Concrete Paving Project No.1. 1. EAGLE POINT PARK-Road- way 325' Extension. 2. FENELON PLACE - from the E.P.L. of Burch Street to the E.P.L. of Raymond Place. 3. KANE STREET - from the W.P.L. of Carter Road west to the end of the street. 4. KEY CORNERS - from the W.P.L. of Sharon Drive to the E.P.L. of Richie Drive. 5. KEYMONT DRIVE-from the E.P.L. of Key Knolls Subdivision to the W.P.L. of Key Knolls Sub- division. 6. KEY WAY-from the N.P.L. of Pennsylvania Avenue to the N.P.L. of Lot 6 Block "A" of Key Knolls Subdivision. 7. LEA LANE - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 8. RICHIE DRIVE - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 9. SHARON DRIVE - from the - N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Comers. 10. VETERANS PARK ROAD - from W.P.L. of Balboa into Veter. ans Park. 11. VIZALEEA DRIVE - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Keymont Drive. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of tbe con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required bv law. BE IT FURTHER RESOLVED, that the City Treasurer, be and he is hereby directed to pav to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 16th day of November, 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. Special Session, November 16, 1970 Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen 504 RESOUL TION NO. 376.70 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 Cigaret- tes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Clarke College, 1550 Clarke Drive Gerald L. Robinson, 8th & Main Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 16th day of November, 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. Secondel by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 377.70 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 license be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Raphael William Grant, 3050 As- bury Street Cosimo's, Inc., 1125 Main Street CLASS '.c" BEER PERMIT Lil Giant Food Store, 1100 Rhorn- berg, Avenue Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Attest Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 378-70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Class "B" Beer Permit Raphael William Grant, 3050 As- bury Street Cosimo's, Inc., 1125 Main Street Class "c" Beer Permit Lil' Giant Food Store, 1100 Rhom- berg Avenue BE IT FURTHER RESOLVED that the bonds filed by such aplli- cants be and the same are hereby approved. Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayoe A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, November 16, 1970 RESOLUTION No. 379.70 uo~:;~\:~~li~::~n:U~%i~~~ ~'ass "c". to this Council for approval and. CommercIal Establishment the same have been examined Dons Tlgges, 2776 Jackson Street NOW THEREFORE BE IT 'RE- Raphael William Grant, 3050 As- SOLVED by tbe City Council of the bury Street City of Dubuque, Iowa, that the Passed, adopted and approved following applications be granted thIS 16th day of November, 1970. and licenses issued upon the com- Donald R. Meyers pliance with the terms of the Mayor IOWA LIQUOR CONTROL ACT - Walter A. Pregler CHAPTER 123 - as amended by Wayne A. Moldenhauer the 60th General Assembly, 1963. Gaylord M. Couchman Joseph J. Bitter Councilmen Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Class "c" Commercial Establishment Doris Tigges, 2776 Jackson Street Raphael William Grant, 3050 As- bury Street Passed, adopted and approved this 16th day of November, 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 Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 380-70 WHEREAS, applications for Liq- uor Permits were filed by tbe within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were 505 inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter. Couchman, Molden- haner, Pregler. Nays-None. November 13, 1970 To the Honorable Mayor and City Council A resolution is being presented for your consideration which would authorize the city manager to ap- ply for a federal grant for the second construction phase of the sewage treatment plant. This construction is estimated to be $4,558,000. It would be sched- uled for completion by mid-1973. The application for grant funds also involves state assistance. The financial plan being applied for is: Phase IT Construction Expense: $4,558,000: Federal Assistance, 55% $2,506,900; State Assistance, 25% $1,139,000; Local Contribu- tion: $911,600. Representatives of Henningson, Durham and Richardson and tCul- len-Schlitz and Associates will be 500 Special Session, November 16, 1970 present at council meeting to pre- sent the plan details. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Jl'eas - 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 Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays - None. Mr. Robert Raines and Paul Om- bruni, John Kilhy, Kenneth Cullen. representatives of Henningson, Durham & Richardson - Cullen Schlitz Associates, engineers and designers presented the Council with a detailed explanation, by graphs and written reports, of Water Pollution Control lmprove- ments Phase IL Resolution of Governing Body of Applicant RESOLUTION No. 381.70 Resolution authorizing filing of application with the Federal Water Quality Administration, Depart- ment of Interior, United States of America, for a Grant under the Water Pollution Control Act, (33 U.S.C. 466 et seq.) WHEREAS. under the terms of the Water Pollution Control Act, (33 U.S.C. 466 et seq.) the United States of America has authorized the making of Grants to authorized applicants to aid in the construc- tion of specific public project: NOW THEREFORE, Be it re- solved by City Council, City of Du- buque, Iowa 1. That City Manager Gilbert D. Chavenelle be and he Is hereby authorized to execute and file an application on behalf of City of Du- buque, Iowa with the Federa! Water Quality Administration, United States Government, for a grant to aid in the construction nf Water Pollution Control Facilities - Phase II - Dubuque, Iowa. 2. That Gilbert D. Chavenelle, City Manager be and he is hereby authorized and directed to furnish such information as the Federal Water Quality Administration may reasonably request in connection with the application which is here- in authorized to be filed, and sign all necessary documents. CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa does hereby certify: That the attached resolution is a true and correct copy of the reso- lution authorizing the filing of application with the Federal Water Quality Administration, as regu- larly adopted at a legally convened meeting of the City Council, City of Dubuque, Iowa duly held on the 16th day of November, 1970; and further that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of November, 1970. Leo F. Frommelt City Clerk, City of Dubuque, Iowa Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyer!, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Pregler moved that the City Solicitor be authori~ed and instructed to start proceedings for County-City Law Enforcement Center for the month of May 1971. Seconded by Councilman Couch- man. 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 Conncilman Special Session, November 16, 1970 Carried by tbe follow. 507 Couchman. ing vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Leo F. Frommelt City Clerk Approved 197.... Adopted 197.... ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: .................................................. City Clerk Ilij!~lil/