1970 December Council Proceedings
Begmlar Session, December 7, 197G
51»
CITY COUNCIL
OFFICIAL
RegularS_, D_b... 7,
1910.
Council met at 7:30 PM. (Cen-
tral Standard Time.
Present - Councitmen Bitter,
Moldenhauer, Pregler. City Mana.
ger Gilbert D. ChaveneDa.
Absent - Mayor Mayars, Coun.
cil..... Couchman (out of city)
The meeting was called to order
by tbe City Clerk =d Councilmalo.
Moldenhauer moved that Council-
man Pregler be,\!>puinted to serYe
as Presiding Officer Pro Tem in
tbe absence of Mayor .Meyers. Se-
caudad by CoWicilman Bitter. Cur-
ried by tbe following v<>te:
Yeas - Councilmen Bitter, Mol-
denbauer, Pregler-
Nays - None-
Absent - Mayor Meyers, Coun-
cilman Couchman.
Presiding Offiœr Pro 'Tem ~
ler read the call and s_d tbat
service tbereof had been dn1y
made and this meeting is (!>Ie re-
gular monthly meeting called (loT
the purpose of acting wpon .ueh
business as may >1'ope.-Iy come be-
fore tbe meeting.
November 17, 19'10
Tn tbe Honor- N2yor
and City Council,
A permit has been issued to the
Dubnque Jaycees 'IS requesœd in
a letter dated November 17, 1970
and sigood ,by RaJph Berg.
This action ,.,.s taken because
the reqaested date <if sale pre-
eludes any ""hedulee!. meeting <if
the Council.
Respec1fally IIU_tee!.,
GilÞert D. Chavenelle
Cìty Manager
Councilman - ffi""ed --
val of Managet"s action. Seconded
bv Councilman MoldenJma~r. CaT-
ried by the f<Jllowing --
Yeas - Pres-KImg 'Officer pro
tem Pregler, Councilmen Bitter.
Moldenhauer.
Abge11! - 'Mll'Yor Meyers, eo",,-
cilman Couchman.
'"
November 2!\, lSJO
To the H.........1ñe Mayor
and City Council,
A permit .II... beeR iSNed to the
Salvation Army for the Christmas
BeH Jii.nger's Booth, on Main SI.
The ...quest was made in .a letter
dated November 20th and signed
by Captain Robert P- !òo>uch, Com-
mandiag Offieer.
The action taken w... œcessary
due to the fact that, the requested
da~ døes preœde any regular
meeting of the Council.
Respectflllly ""bmitted,
Gilbert D- Chavenelle
City MUla-
Councilman Bitter moved appro-
val of the Manager's action. Se-
conded by Presicfing offio& pro
tem Pregler- Carried by the follow-
ing vote:
Y"as - Presidtng officer pro
tern Pregler, Councitmen Bitter,
Moldenhauer.
Nays-None.
Absent - MayOl' Meyers,Coun-
cilman CololChman.
Nwember 24, l!J70
Tn the BoDm'2lile 1Ibyor -
and City Council,
A permit for the door to -door
soücitation of funds has been is-
sued to tbe American &ehabilita-
tion Foundation. The communica-
tion Tequestingpermission is dated
November ¡6U. and --. tbe sig-
nature of Robert J. ,Ree.. Director
of Field Services.
~pecUully submitted,
G¡¡¡'ert Ð. Chavenelle
City Manager
Presidmg øffiœr pro !iem Preg-
ler mawd "pprtlVa1 of tile Mana-
¡er~ JlctÏon. Sæonded Joy Council-
man Bittm'. Carried by the follow-
ing vote:
Yeas - Presidi~ r.<fficer pro
tem Preglec, Councilmen Bitter,
Moldenhauer.
Nays - None.
üsent - ilUJ'or :MeJ1ea, Cøan-
ciiman 00Uclmum.
November 25., 1970
To the Honorable Mayor
and City Council
1 .berewllh mbmlt the rePort of
the Water Department lor £he
month of October 1970.
Respectfully,
~rt D. ChøeIIefie
City M~
510
Regular Session, December 7, 1970
Presiding officer pro tem Preg-
ler moved that the report be re-
ceived and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas - Presiding officer pro
tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council.
man Couchman.
November 23, 1970
To the Honorable Mayor
and City Council
A request has been received for
a street light at about 511 Gar-
field. It is recommended that a
4000 lumen incandescent light be
installed on a pole opposite 513
Garfield.
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Moldenhauer moved
approval of the recommendation.
Seconded by Councilman Bitter.
Carried by the following vote:
Presiding officer pro tem Preg-
ler, Councilmen Bitter, Molden-
bauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Coucbman.
December 2, 1970
To the Honorable Mayor
and City Council
1 am returntng the petition of
Charles Frost and otbers for a
street light on Kensington Place.
The area has been investigated
by the electrical inspector and it
is recommended that a 175 watt
mercury vapor light be installed
between Lots 8 and 9, Block 2 of
Oak Brook Subdivision-
Respectfully requested,
Gilbert D- Chavenelle
City Manager
Councilman Moldenhauer moved
approval of the Manager's recom-
mendation. Seconded by Council-
man Bitter. Carried by the follow-
ing vote:
Yeas - Presiding officer pro
tern Pregler, Councilmen Bitter,
Moldenbauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
December 1, 1970
To the Honorable Mayor
and City Council
1 am returning the petition of
Mrs. Williams for a street light at
the intersection of Kelly Lane and
Pego Court.
The area bas been investigated
and it is recommended that a 175
watt mercury vapor light be in-
stalled on the existing pole oppo-
site 1295 Kelly Lane.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Moldenhauer moved
approval of the recommendation.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas - Presiding officer pro
tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
Communication of Planning &
Zoning Commission reaffirming
previous recommendation that the
property at 1105 Loras Blvd. (Lan-
gas Pizza Place) remain in Local
Business "A" classification, pre-
sented and read.
Presiding officer pro tern Preg-
ler moved that the r1Ùes be sus-
pended in order to let anyone
present address the Council if they
so desire. Seconded by Council-
man Bitter. Carried by the follow-
ing vote:
Yeas-Presiding officer pro tem
Pregler, Councilmen Bitter, Mol-
denbauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
Mr. Phil Langas again addressed
the Council by stating tbat if he
is not able to sell beer in his es-
tablisbment at 1105 Loras he will
be forced to go out of business.
Councilman Bitter moved that
the communication of the Planning
& Zoning Commission be tabled
until the next Council meeting.
Seconded by Presiding officer pro
tern Pregler. Carried by the fol-
lowing vote:
Yeas-Presiding officer pro tem
Pregler, Councilmen Bitter, Mol-
denhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
Regular Session, December 7, 1970
511
November 24, 1970
Hon- Mayor and City Council
On November 2, 1970, Harry J.
Bemis of 2530 Crissy Drive, sent
communication to the City Council
relating to his experience in con-
nection with a criminal matter in
the Municipal Court involving an
automobile of Mr. Bemis, then be-
ing operated by his wife.
In instance, Mr. Bemis complains
of the fact that he did not receive
a satisfactory hearing in Municipal
Court on his alleged claim arising
cut of the accident and therefore,
as the result of same, is making a
claim against the City of Dubuque
in the amount of $171.60-
I have reviewed the matter with
Mr. Conzett, assistant City Attor-
ney, who has made a report to me
and I have examined Mr. Bemis's
claim and I beg to advi,e that the
outcome of the criminal proceed-
ings in no way effects Mr. Bemis's
claim as to his damages to bis ve-
hicle if he may recover therefor-
In other words, it is not neces-
eary for him to recover to sustain
a conviction in Municipal Court
against the alleged other driver.
If Mr. Bemis desires to enforce
collection of his claim in the
","aunt of $171.60 against the of-
fending driver, whomever that
may be, then in such event he
should engage counsel and com-
mence an action, either in Munici-
pal Ccurt or in District Court to
enforce collection of whatever
damages he sees fit to claim
against the otber driver.
I see no basis for allowance of
said claim against the City of Du-
buque for damages arising here-
from and therefore recommend
that his claim for damages therein I
be denied.
Respectfully submitted,
R.N. Russo
City Attorney
Councilman Bitter moved appro-
val of the recommendation. Se-
conded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas - Presiding Officer pro
tem Pregler. Councilmen Bitter.
Moldenhauer,
Nays - None.
Absent - Mayor Meyers. Coun.
cilman Couchman.
November 25, 1970
Hon. Mayor and City Council
On September 24, 1970, Irene
Ann Brown, administrator of the
Estate of William George Brown,
decesased, Irene Ann Brown, in-
dividually, and Irene Ann Brown,
as parent and natural guardian of
Jolene Marie Brown and Julie Ann
Brown, minors, commenced on ac-
tion against Percy N. Lucas, Gil-
bert D. Cbavenelle, City of Dubu-
que, Iowa, a municipal corporation,
and Francis T. Kohl and Marie C.
Kohl, d/b/a Seventeenth Street
Tap, claiming damages from de-
fendants, Percy N. Lucas, Gilbert
D. Chavenelle and the City of Dn-
buque, Iowa in the amount of
$150,000.00, which action bas been
pending in the District Court of
Dubuque County, Iowa and that
said matter was referred to your
City Attorney who then assisted
in defense of said cause, together
with attorneys for the insurance
company insuring the City of Du-
buque.
That the City Attorney was ad-
vised on November 24, 1970 that
the plaintiff had accepted offer of
settlement in the amount of $7,500,
at no expense to the defendants,
Percy N. Lucas, Gilbert D. Chave-
nelle and City of Dubuque, Iowa,
and accordingly, this matter should
now be disposed of and same
closed. Originai Notice with peti-
tion attached is herewith enclosed.
Respectfully submitted,
R.N. Russo
City Attorney
Presiding officer pro tern Preg-
ler moved approval of the recom-
mendation. Seconded by Council-
man Bitter- Carried by the follow-
iug vote:
Yeas - Presiding officer pro
tem Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent - Mayor Meyers, Coun-
cilman Couchman.
December 1, 1970
Hon. Mayor and City Council
On October 27, 1970, you reo
ceived a communication from Mr.
Thomas A. Finley, attorney-at-law,
of the firm of Duncan, Jones, Riley
& Davis of Des Moines, Iowa re-
lating to the Dubuque joint cross-
ings with Chicago and North Wes-
m
Regular SessiaD, Deœmber 1, 19'1t1
J\eguIar Ses!ioD, December 7, 1970
513
ten Ba~ C8mpany at 12th
throu¡h 17th streel.i in the City
of Dubuque, Iowa and the pur-
port of said letter was that we
we:re bein& advised that the Chi-
cago JlfiIwaukee had been advised
by thl> Chicago North,Westem Rail.
way Company that they were re-
ducing their tending of the inter.
sec1lions at 12th Street through
17th Street in the City of Dubuque,
fuwa and that this OiIIltler was
then refelTed to your City Attor.
ney with direotiOlls to file an ap-
plication for I1mring before the
Iowa Commerce CommtssiOll.
TIris matter was pursued by lhis
8tiiœ and an application fDr Mar.
iDg was filed, a copy of whicb is
hereto attached wgether with "".
hibita attached thereto, and, that
wriler was advised of tbe critical
situation invO}Ving these crossings
at which time nwnerous calls
w""e placed to the responsible
agencies. AI any rale, on Nowm-
ber 19, 1970, this office received a
communication from the Iowa
Commerce Commission advising
that this m.atter had been handled
with the railroad comp&llies and
that expeetation that agreem~t
coWcl be readied WM ""pe£ted
I am advised by our Police De-
partment that the crossing protec-
tions are back In operation and
that this phase øf tbe matter has
been satisfactorily determined.
Yours very trulT,
R.N. IIn-
City Attorney
Presiding officer pro tern Preg.
Ier moved that the communication
be received and filed. Seconded
I>y Councilman Moldenhauer. Car.
ried by the following vote:
Yeas - Presiding officer pro
tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays - None.
Absent - Mayor Meyers, Coun-
cilman Couclnnan.
Communication of Councilman
Moldenhauer, as a member of the
Health snbcommittee, submitting
a copy of minutes of their meet.
ing 01. November 12, 1970, suggest.
In( the idea of ponibly consoll-
daliDg """'" 01. the agencIes .-
providing public health services,
if such serviens could be improved
Ù!' consolidation, however lbere is
DO concrete ..surance that consoli.
datio& to the answer, presented
and read. Presiding officer pro
tern Pregler moved that the com.
munication be received and filed
and that a copy be sent to the
members of the City Council. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas ~ Presiding officer pro
tem Pregler, Councilmen ¡¡;tter,
MQldenhauer.
Nays - None.
Absent - Mayor Meyers, Coun-
cilman Couchman.
Cemmuaication of Owen Riley.
President of General Drivers
Union Local 421, requesting a
JDeeting with the City Council to
discuss wages for 1971, presented
and read. Presiding efficer pro
te8. Pre. _ved that the com.
mnniution be received and filed
aM the Manager eoordinate with
Mr. Boekes for a meeting with the
obiver's lacal. SecoDlied by Coun-
cilman Bitter. Carried by the fol-
lowing vote:
Yeas - Presiding officer pro
,~ Pregler, Councilmen Bitter,
Møldenhauer.
N~ - None.
Absent - Mayor Meyers, Coun-
cüman Couchman.
Notice of Sntt of Dortha K.
Simmons, in the amount of $20,000,
for personal injuries received in a
fall at 70 N. Grandview Ave. on
November 3. 1970, presented and
read. Presiding officer pro tern
Pregler moved that the notice of
snit be refelTed to the City Solici-
tor for investigation and report.
Seconded by Councilman Molden.
hauer. CalTied ,by the following
vote:
Yeas - Presiding officer pro
tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays - NMlè.
Absent - MaTor Meyers, Coun-
cilman Couchman.
by Counm- Noldenltauer. Car-
riod by lie foll""'ing vote:
Yeas - Presidiug offi<:er Pro
-r- Pregler, CaaIll:Wnen Biller,
IIIoldenllaner;
N- - None.
Absent - Ma;yor- !lie,.... Coun-
cÜD1an c..uchmaa
Notice of claim of Farah Am-
mari, in the amount of $1200., for
property damage incurred as th,
",sul1l of a ba<:ked-up sanitary
sewer, present.. and read. Presid-
ing officer pro tem Pregler moved
that the noti.. of claim be ",fer-
red to the City Solicitor (loT in.
vestigation and rep<>rt. Seconded
b.r C-an Malðenhauer. Car.
ried, by the fol\øwing vote,
Yeas - Presiding oUk.,. pro
tem Pregler, Councilman Bitter,
N:oIdenhau.er.
Nays - None.
Absent - Mayor Meyers. Coun-
cilman Couclmum.
ORDINANc.E NO. S9.70
AI> Onllnance Alft8ndil19 Ordin-
Mce No. 1~, &l>Rllllonly Imown
.. tn. "Fire P_.tl... Code for
the City of Dubuc¡ue, Iowa" by
repealing Secti... I thereof and
enacting a new seelion 1 In lieu
thereof to provide thot the Ctiy
Council adopt the Fire Preven.
tlon Code Recommended hy the
American Insurance Association
being partl.....,rly ,.. 1970 addl.
tion thereof,
presented and read
Cottncilma" Bitter moved tbat
tbe reading just had be consid-
ered the first reading of the Ord-
inanre. Seconded by Presiding Of-
ficer pro tem Pregler. Carried by 'I
tbe following vote;
YeaiO-Presiding Offiter pro tem
Pregler, Cuuncilmen Bitter, Mold-
enhauer.
NayiO-None.
Absent.-Mayor Keyers, Council-
man Coucbman.
Councnman BiUer mGved that
the role re<1!iring an Ordinance to
be read on three separate days be
waived. Seconded by Presiding Of.
ficer pro tern Pregler. Carried by
the following vote,
Persiding Officer Pro Tem Preg-
ler, Counci!meII Bitter, Molden.
hauer.
NayiO-None.
Absent-Mayor Meyers, Council- 'I
man Coucbman. ,
Notice of daim of Richard
Hunger, in tbe amount of $26.10,
for car damage incurred while
m.aking a delivery of refuse to
the City landfill on November 13,
1970, presented and read. Presid-
Ing officer pro tem Pregler moved
tbat the notice of claim be refer.
red to thè City Solicitor for in.
vestigation and report. Seconded
1 t. 12-10
Councilman Bitter moved final
adoption of the Ordinance. Second.
ed by Presiding Officer Pro Tern
Pregler. Carried hy the following
vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Bitter,
MuJdenhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
ORDINANCE NO, 60-70
An OrdJ.ance Amending Ordl.
nance No. 33-49 known as the
"Traffic Code of Dub_, low'-
n _""ed, bot odding a new
subsection 23 fa Section A of
Schedule III thereof 10 p.-lde
that eastbound and westbound
vahicles must sto> before enter-
ing the intersec'lolI of Washln9-
ton Streat and East 25th Street,
presented amd read.
Councilman Moldenbauer m<nred
that the reading just had M con.
sidered the first readil1g of the
514
Regular Session, December 7, 1970
Ordinance. Seconded by Presid-
ing Officer pro tem Pregler. Car-
ried by the following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council.
man Couchman.
Councilman Moldenhauer moved
that the rule requiring an Ordi-
nance to be read on three sepa.
rate days be waived. Seconded by
Presiding Officer pro tern Pre¡¡ler.
Carried by the following vote:
Yeas - Presiding Officer Pro
Tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council.
man Couchman.
n___-- ..1
A. E,,'bnd end W"fbound vo-
hicl" mu" ,fop bet,.. ente"ng the
Int","ctlon 01,
23. W"hington St,eef end Ee" 25th
Sf'eet."
P","d. epp".'" end edopted !hI,
7th dev ot Decemb", 1970.
Wen" A. P"g]"
p",lding Offic" Pco Tem
he""
ATTEST, Leo
Clt) -,-,..
Publl,"'" ,mclelly In fhe Telo-
","oh-H",]d N,w,pe.., 'hi, tOfh dev
of Oecemb" mo.
Leo F. Fcommelt
Cny CI"k
ff.12.tO
Councilman Moldenhauer moved
final adoption of tbe Ordinance.
Seconded by Presiding officer Pro
Tem Pregler. Carried by the fol-
lowing vote:
Yeas - Presiding Officer Pro
Tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
ORDINANCE NO. 61.70
An Ordinance Amending Ordl.
nance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by adding a new
subsection 6 to Section C of
Schedula X and a new subsac.
tion 7 to Section C of Schedula
X thereof to require eastbound
vehicles to yield the right of
way before entering the south
intersection and the north in.
tersection of St. John Drive and
Graham Circle,
presented and read.
Councilman Moldenhauer moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Presiding
Officer Pro Tem Pregler. Carried
by the following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council.
man Couchman.
Councilman Moldenhauer moved
that the rule requiring an Ordi-
nance to be read on three sepa-
rate days be waived. Seconded by
Presiding Officer Pro Tern Preg-
ler. Carried by the following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
ATTESTi Leo
City -.-...
pubn,h'" ,ff]cleny In the Telo-
geaph-He,,'d New,pe.., thl, ¡Ofh dev
01 Oecemb" 1970.
Leo F. F,ommelf
City Cle>1<
f f. 12.fO
Regular Session, December 7, 1970
515
Councilman Moldenhauer moved
final adoption of the Ordinance.
Seconded by Presiding Officer
Pro Tem Pregler. Carried by the
following vote:
Yeas - Presiding Officer Pro
Tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
ORDINANCE NO. 62.70
An Ordinance Amending Ordin-
ance No. 33.49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by Adding a new
subsection 7 to Section D of
Schedule X thereof to require
westbound vehicles to yiald the
right of way before entering the
south intersection and the north
intersection of St. John Drive
and Graham Circle,
presented and read.
Councilman Moldenbauer mov.
ed that the reading just had be
considered the first reading of the
Ordinance. Seconded by Presid.
ing Officer Pro Tem Pregler. Car.
ried by the following vote:
Yeas - Presiding officer Pro
Tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent - Mayor Meyers, Coun-
cilman Couchman.
Councilman Moldenbauer moved
that the rule requiring an Ordin-
ance to be read on three separate
davs be waived. Seconded by Pre-
siding officer Pro Tem Pregler.
Carried by the following vote:
Yeas - Presiding Officer Pro
Tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
O'DIN
bet"e enf"lng the Inle"ecfion of;
7. St. John D,iv., en, G"hem
CI,cle, ",," '"temcHen.
8. Sf. John D,ive ono G"hem
Cicele. noffh Infmeclim'
Pe,,"', epPfeved end eoopted fhi,
7th dev of .. . n-
ATTESTi --- . . . ..
City C",.
Publl,"'" efficielly in the Telo-
"eph-H",'d New",p" !hi, tOfh dov
of Decemb" 1970.
Leo F. Ffemme/!
City C",.
1 f.12-tO
Councilman Moldenhauer moved
final adoption of the Ordinance.
Seconded by Presiding Officer Pro
Tem Pregler. Carried by the fol-
lowing vote:
Yeas - Presiding Officer Pro
Tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent - Mayor Meyers, Coun.
cilman Couchman.
Petition of Dubuque County Tu-
berculosis and Respiratory Di<ease
AssociaJion, requesting permission
to distribute bangles on December
11th and 12th, in the downtown
"rea, presented and read. Counnil-
man Bitter moved approval of the
petition. Seconded by Presiding
Officer Pro Tern Pregler. Carried
by the following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council.
man Couchman.
Petition of Carlos Updike re-
questing a refund of $10 on Ii.
cense is<ued to sell Christmas
trees which was never used due
to sudden illness. presented and
read. Presiding Officer Pro Tern
Pregler moved that the refund be
granted and the Auditor instruct.
ed to issue proper warrant. Sec-
onded by Counnilman Moldenhau.
er. Carried by the fallowing vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
PeJition of Edwards & Sons Can-
,truction Co. reauestine the rezon-
ing of Lot 2 of Sub. of Lot 1 of
Duggan Farm from Sin~le Family
Classification to Multiple Family
Classification, presented and read.
Councilman Bitter moved that the
petition be referred to the Plan-
5.16
Regulae Session, December 7, 197G
ning 4< Zoning Commission fCJr in-
vestigation aud report. Seconded
by Presiding Officer Pro Tern
Pregler. Carried by the following
vote:
Yeas - Presiding Officer Pro
Tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent - Mayor Meyers, 'Coun-
cilman Couchman.
Petition of Maxine Hoag request-
ing a refund of $50 on the unex-
pi~ portion of cigarette license
No. 12~, as SIre .II... discontinued
blBiness m 11-28'70, presented
and read. Councilman Bitter
m...ed that tM refund he granted
and tlt.e Acnditor ¡"strncted to is-
sue proper warrant. Seoonded by
Presiding Officer p"" Tern Preg.
Ier. Carried by the following vote:
Yeas - Presiding Off>cer Pro
Tem Pregler, Councilmen Bitter,
Mold...haueT.
Nays-None.
Abænt - Mayor Meyers, Coun-
Cl'man Couchman.
Petition of Mobil Oil Celpora-
tion by Fred Schi1(, requesting in.
stallation of a ~treet light on au
existing pole at E. 6th Street at
the C. B. & Q. 1U1d lllinuis Cen.
tral railroad tracks, presented and
read. Presiding Officer Pro Tern
Pregler moved that the petition be
referred to the City Manager and
E.1ectrical Inspector for investiga-
tion and report. Seconded by
Counmma11 Bitter. Carried by the
following vote:
Yeas - Presiding Officer Pro
Tem Pregler, 'Councilmen Bitter,
Moldenbauer.
Nays-None.
Absent-Mayor Mey&s. CoMill.
man Couchman.
peliti"" of "The New Mareh øf
Dimes" requesting permissinn to
conduct the "Mathers March" the
week of .Ja¡¡uary 24th thru Janu-
ary 30, 1971, presented .....,¡ read.
Mrs. C. J. May addressed the
Cowacil relativ" to the Meech of
Dimes by stating that the gen&&
public get eoafused between the
Kenny Foundation group and the
rbrch ol Dimes. She requested
some form .. control 0..& the
Kenny ,group booause they ..... to
hove ,no definite time set f... their
držve, either as to the start or end-
Ing thereof.
Presiding Offiœr Pro Tem Preg-
le.rmoved that the ~h of Dimes
petitina be approved. Seconded by
Cøuncilman N'oldenhauer. Carried
by the following vote:
Yeas - Presiding Officer Pro
T..... Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-N'ayM' Mey_Council-
man Couchman.
Petition <Jf Dnrrant-Deininger.
Dummee-KrJWJer-Gordun requestiug
concurrence and _val of a mi.
n.... desij¡n vuiation to CORSfntct
projections ,ail varioas .Ioca1ioos on
the foce Q{ " building being de.
sigœd j,n tÀe Urban Renewal /Irea
on 14.... su"et betweet!. &It .and
7th Streets, po:esented and. read.
Presiding OIffit:ee Pro 'I.'eD !'ree-
lee lJIØVed tIlat the pe!iüoa be œ-
ferred to the CD.v ~ mJd
staff for recoIllDEl1liation - re-
porl Sec:o.J>Qed by CoWlcilmaÐ Bit-
ter. Cacried by the following vote:
Yeas - Pres.ìdiJlg Officer Pro
'Dem Pregær, Councilmen Bitter,
MWdenluwer.
Nays-None.
Abseort- Mayør H2yers, ,eaRn-
ciiamI Cou"""-.
RESOLUTION NQ.382-70
_uNon 8CcçoNlI Ibe .qJd
inch extension ef 18 Moo...
fWights SonHw¡rSe.... tr> -
..ice 1.of 2.1-1,2.2 '" GRlte f'I....-
WHEREAS, 1mder the provision
of Ordinance ~-60. Mr. R. C. Wah.
lert, has constnreted a Sani'tary
Sewer, and
WHEREAS, The City Engineer
has inspected the same and too
City Manager has recnmmenGled
its acceptance. .and
WHEREAS, The perRlOttee un-
der said ordinance h... filed with
the OitV 0øIIDeil " certified state-
ment àDwin¡: aD the IIIJIO1UIts
paid ÌD co-nn ,.;th the DUn-
struc1ion at said -. mcludlng
engineering and inspeetiun fees
amUllJltmgtu $968.58.
NOW, 'l'HEBEFORE, Be It Re-
solved by the City Council of the
City nf Dubnqul!, Iowa:
SacIiGn I. Tbøt said sewer is
hereby :aecepte<!ll>y 1'he City of
Dubuqae uóI tbat tile same be
hereaf'ler .. »Ù>Uc .sewer muter
the ..xdusiw "h1ll'&e am'! ean!rol
of the City of Dubu_.
Regular Session, December 7, 1970
Section 2. Tb.t tbe City Clerk
be and he is hereby authorized
and directed to receive and file
a copy of this resolution in his of-
fice and shall hereby be made a
matter of Public Record.
Passed, adopted and approved
this 7th day of December, 1970.
Walter A. Pregler
Presiding Officer
Pro Tem
Wayne A. Moldenhauer
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Presiding Officer Pro Tem Preg-
ler moved adoption of the resolu-
tion. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
RESOlUTION NO. 383-70
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following baving
complied with the provisions of
law relating to the sale of Cig-
arettes within the City of Du.
buque, Iowa, be granted a permit
to sell Cigarettes and Cigarette
Papers within said City.
Fraternal Order of Eagles #568,
1175 Century Drive. Transfer ef.
fective December 7, 1970 from
6th & Locust Street.
Doris Riekena, 485 Central Ave-
nue. Transfer from 301 Main SI.
BE IT FURTHER RESOLVED
that the bonds filed with the ap.
plication be approved.
Passed, adopted and approved
this 7th day of December 1970.
Walter A. Pregler
Presiding Officer
Pro Tern
Wayne A. Moldenbauer
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop.
tion of the resolution. Seconded by
Presiding Officer Pro Tern Preg.
ler. Carried by the following vote:
517
Yeas - Presiding Officer Pro
Tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
RESOLUTION NO. 384-70
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, tbat the following applica.
tions be granted and licenses be
issued upon the compliance with
the terms of the ordinances of the
City.
CLASS HBH BEER PERMIT
Ricbard J. Hantelmann, 902 Main
Street
Gerald E. Miller, Jr., 2417 Rbom-
berg Avenue
B.P.O. Elks Lodge No. 297, 7tb &
Locust Street
L. G. Scbaffert, 1900 Washington
Street
Lorraine Gordon, 2327 Central
Avenue
Carl mrsch, 600 Central Avenue
Fraternal Order of Eagles #568,
1175 Century Drive (Transfer
from 6tb & Locust Street)
CLASS "C" BEER PERMIT
Hartig Drug Company, 2255 J. F.
Kennedy Road
Hartig Drug Company, 736 Main
Street
Hartig Drug Company, 2225 Cen.
tral Avenue
Hartig Drug Company, 97 Locust
Street
Laverne G. Felderman, 1889 Jack-
son Street
William J. Lynn, 424 West Locust
Street
Cruso A. Alba, 2601 Jackson Street
Passed, adopted and approved
this 7th day of December, 1970.
Walter A. Pregler
Presiding Officer
Pro Tern
Wayne A. Moldenhauer
Josepb J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
51a
ßegular Session, December 7, 1970
Councilman Bitter moved adop-
tion of tbe resolution. Seconded by
Presiding Officer Pro Tern Preg-
ler. Carried by the following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council.
man Coucbman.
RESOLUTION NO. 385-70
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of tbis
Council; and
WHEREAS, the premises to ,be
occupied by sucb applicants were
inspected and found to comply
with the ordinances of tbis City
and they have filed proper bonds:
NOW THEREFORE BE IT RE-
SOLVED by tbe City Council of
the City of Dubuque, Iowa, that
the Manager be and be is hereby
directed to issue to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Richard J. Hantelmann, 902 Main
Street
Gerald E. Miller, Jr., 2417 Rhom-
berg Avenue
B.P.O. Elks Lodge No. 297, 7tb &
Locust Street
L. G. Schaffert, 1900 Wasbington
Street
Lorraine Gordon, 2327 Central
Avenue
Carl Hirsch, 600 Central Avenue
Fraternal Order of Eagles #568,
1175 Century Drive (Transfer
from 6th & Locust Street)
CLASS "C" BEER PERMIT
Hartig Drug Company, 2255 J. F.
Kennedy Road
Hartig Drug Company, 736 Main
Street
Hartig Drug Company, 2225 Cen.
tral Avenue
Hartig Drug Company, 97 Locust
Street
Laverne G. Felderman, 1889 Jack-
son Street
William J. Lynn, 424 West Locust
Street
Cruso A. Al,ba, 2601 Jackson 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 7th day of December, 1970.
Walter Pregler
Presiding Officer
Pro Tern
Wayne A. Moldenhauer
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop.
tion of tbe resolution. Seconded by
Presiding Officer Pro Tern Preg-
ler. Carried by the following vote:
Yeas - Presiding Officer Pro
Tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent - Mayor Meyers, Coun-
cilman Couchman.
RESOLUTION NO. 386-70
WHEREAS. applicatio", for liq-
uor Permits have been submitted
to this Council for approval and
the same have been examined.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, tbat
tbe following applications be grant-
ed and licenses issued upon tbe
compliance with the terms of the
row A LIQUOR CONTROL ACT-
CHAPTER 123 - as amended by
the 60th General Assembly, 1963.
CLASS "C" COMMERCIAL
ESTABLISHMENT
Gerald E. Miller, Jr., 2417 Rhom-
berg Avenue
Richard J. Hantelmann, 902 Main
Street
Benevolent and Protective Order
of Elks #297, 7tb & Locust SI.
Disabled American Veterans, Inc.,
Plaza 20, 2600 Dodge Street
Fraternal Order of Eagles #568,
1175 Century Drive (Transfer
from 6tb & Locust Street)
Passed, adopted and approved
this 7th day of December, 1970.
Walter A. Pregler
Presiding Officer
Pro Tern
Wayne A. Moldenhauer
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of tbe resolution. Seconded by
Regular Session, December 7, 1970
Presiding Officer Pro Tern Preg-
ler. Carried by the following vote:
Yeas - Presiding Officer Pro
Tern Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent - Mayor Meyers, Coun-
cilman Couchman.
RESOLUTION NO. 387.70
WHEREAS, applications for liq-
uor Permits were filed by the
within named applicants and tbey
bave received the approval of this
Couneil, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE BE IT RE.
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor Permit.
CLASS "C" COMMERCIAL
ESTABLISHMENT
Gerald E. Miller, Jr., 2417 Rhom-
berg Avenue
Richard J. Hantelmann, 902 Main
Street
Benevolent and Protective Order
of Elks #297, 7th & Locust SI.
Di.abled American Veterans, Inc.,
Plaza 20, 2600 Dodge Street
Fraternal Order of Eagles #568,
1175 Century Drive (Transfer
from 6th & Locust Street)
Passed, adopted and approved
this 7th day of December, 1970.
Walter A. Pregler
Presiding Officer
Pro Tem
Wayne A. Moldenhauer
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop.
tion of the resolution. Seconded by
Presiding Officer Pro Tern Preg-
ler. Carried by tbe following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
Tbere being no further business
Councilman Bitter moved to ad-
519
journ. Seconded by Presiding Of-
ficer Pro Tern Pregler. Carried by
the following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Bitter,
Moldenhauer.
Nays-None.
Absent-Mayor Meyers, Council-
man Couchman.
Leo F. Frommelt
City Clerk
Approved ....................................1971
Adopted ......................................1971
............................................................
Councilmen
Attest: ................................................
City Clerk
~~illìl, ¡
- - - -
520
Special Session, December 14, 1970
Special Session, December 14, 1970
521
CITY COUNCIL
OFFICIAL
Special Session, December 14,
1970.
Council met at 7:30 P.M. (Cen.
tral Standard Time).
Prasant - Mayor Moyors, Coun.
cilmen Bitter, Couchman, Molden.
hauer, Praglor. City Manager GII.
bert D. Chavonelle,
Mayor Meyers read the cal1 and
stated tbat service thereof had
been dn1y made and tbis meeting
is called to CONSIDER LEVYING
OF ASSESSMENTS AGAINST ES-
PECIALLY BENEFITTED PROP.
ERTY TO PAY FOR COST OF
CONSTRUCTING CITY OF DU.
BUQUE 1970 BITUMINOUS CON-
CRETE PAVING PROJECT NO. I,
and acting upon such other busi-
ness as may properly come before
a regular meeting of tbe City
Council.
Communication of Iowa State
Department of Health issuing a I
supplemental permit No. 70.273-8 ,
Lift Station and Force Main "Ham.
ilton Glen" Apartment complex
RET Corporation, to include a
change in the responsibility for
maintenance and operation, pre-
sented and read. Councilman Preg-
ler moved that tbe communica.
tion be received and filed. Second-
ed by Councilman Bitter. Carried
by the fol1owing vote:
Yeas - Mayor Meyers, Council.
men Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
Communication of Low Rent
Housing Commission submitting a
copy of minutes of meeting of No-
vember 18, 1970, presented and
read. Mayor Meyers moved that
the communication be received
and filed. Seconded by Council-
man Bitter. Carried by tbe follow.
ing vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Moldenbau.
er, Pregler.
Nays-None.
Communication of Du,buque
Area Cbamber of Commerce reo
questing a place on the agenda
for reading a letter of apprecia.
tion to be followed by tbe an-
nouncement of the winner of tbe
Pedestrianway Name Contest pre.
sented and read. Councilman Preg.
ler moved that the communication
be received and filed. Seconded by
Councilman Moldenhauer. Carried
by the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Moldenbau.
er, Pregler.
Nays-None.
Councilman Pregler moved that
the rules be suspended in order to
let anyone present address the
Council ü they so desire. Second-
ed by Councilman Bitter. Carried
by tbe following vote:
Yeas-Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nay&-None.
Mr. Tom Killion read a letter
showing tbe list of judges who
participated in the Pedestrianway
naming contest and expressed sin-
cere thanks to the judges and to
all citizens tbat submitted an en-
try. He tben presented a sealed
envelope to Mayor Meyers whicb
contained the name of the winner
of the Pedestrianway name con-
test. The envelope contained tbe
name of Mrs. Florence Becke of
2784 Washington Street wbo se-
lected the name of the Pedestrian.
way to be now ealled TOWN
CLOCK PLAZA. The Mayor con-
gratnlated Mrs. Becke and pre.
sented her witb two plane tickets
to Las Vegas along with spending
money from the Downtown Mer-
cbants.
Councilman Bitter moved that
proper proceedings be prepared
naming the TOWN CLOCK PLA-
ZA. Seconded by Councilman
Couchman. Carried by the follow.
ing vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden.
hauer, Pregler.
Nay&-None.
The same request was reviewed
by the Commission on October 29,
1969 and on May 20, 1970.
The Commission bas found tbat
a substantial amount of area in
the vicinity of this site is classi-
fied Single Family and Two Fam.
ily Residence on the zoning map.
Planning for those areas envisions
that tbey will remain in this clas-
sification. The Local Business "A"
district is established to accommo-
date businesses that will serve the
residents living in tbese areas.
It is the opinion of the Commis-
sion that some of tbe uses permit.
ted in tbe Local Business "B"
District would not be compatible
witb or provide service to the sur-
rounding residential area.
The applicant was present at
tbe Commission meeting and
stated that the circumstances per-
tinent to the application are the
same as previously.
The Commission wishes to reaf-
firm its previous recommendation
that the property at 1105 Loras
Boulevard remain in the Local
Business "A" classification.
Respectfn11y submitted,
CITY PLANNING AND
ZONING COMMISSION
Don Gilson
City Planner
Mayor Meyers moved that the
communication be received and
filed. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None,
Communication of City Solicitor
Russo submitting information as
requested at tbe Council meeting
of December 7th relating to spot
zoning areas, presented and read.
Mayor Meyers moved that the com-
munication be received and filed.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Communication of Robert J.
Rosenow of 1420 Glen Oak object-
ing to rezoning of Phil's Pizza &
Chicken Hut at 1105 Loras Blvd.,
presented and reaeL Mayor Meyers
moved that the communication M
November 30, 1970
Honorable Mayor and
Council Members
The City Planning and Zoning
Commission bas reviewed a re-
quest to have property, located at
1105 Loras Boulevard, reclassified
from Local Business "A" to Local
"B".
received and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Mr. Phil Langas addressed the
Council relative to tbe sale of ,beer
in his establisbment at 1105 Loras
Boulevard. Mr. Jobn Riley of 1480
Glen Oak spoke in favor of Mr.
Langas's appeal for rezoning. City
Planner Gilson reviewed the en-
tiÆ coverage of Mr. Langas's ap-
peal for rezoning since the original
request was presented to the Coun-
cil. Eacb time the Planning & Zon-
ing Commission were of the opin.
ion that tbe Langas property re-
main in the Local Business "A"
dassificatlon. A target date of
January 12th, 1971 was set to meet
with the Commission. After con-
sidera,ble discussion Councilman
Bitter moved that the rules be re-
imposed. Seconded by Councilman
Couchman. Carried by tbe follow-
ing vote:
Yeas - Mayor Meyers. Coun.
cilmen Bitter, Couchman, Molden-
haner, Pregler.
Nay&-None.
Councilman Pregler moved tbat
the recommendation of the Plan-
ning & Zoning Commission be ac-
cepted. Seeonded by Councilman
Couchman. Carried by the follow.
ing vote:
Yeas - Mayor Meyers, Coun-
cilmen Couchman, Moldenhaner,
Pregler.
'Nays-Councilman Bitter.
Communication of Dubuque Ad-
visory Commission expressing it-
self in two areas 1) That the City
should have a nationally recog
nized buildin~ code and 2) that a
citizen is entitled to do work in
his own borne if he meets certain
requirements and recommending
to tbe Council the adoption of a
nationailv recoguized ,building
code whicb is self up-dating to
take advantage of new materials
and methods in time to meet the
spring constroction scbedule of
1971 and that any person bas tbe
constitutional rigbt and should be
allowed in his own domicile to pre-
pare wiring, beating, ventilating
and cooling, plumbing and con-
struction provided certain condio
522
Special Session, December 14, 1970
tions are met, presented and read.
Councilman Couchman moved that
the communication be received
and filed. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas - Mayor Meyers, Coun.
cilmen Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
Mayor Meyers moved tbat the
rules be suspended in order to
let anyone present address the
Council if they so desire. Second-
ed by Councilman Pregler. Car-
ried by tbe following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
bauer, Pregler.
Nays-None.
Mr. Wm. Woodward. Cbairman
of the Advisory Commission,
stated that Mr. Lundh and Mr.
Hingtgen are members that are
very knowledgeable on the Com.
n,hsion as to buildings etc. The
Commission is vitally interested
because of the times, skyrocketin~
prices, and housing for the poor.
This is the reason for recommend.
ing a National Code. Self-updating
is the phrase being used. They are
presently faced with a balance of
interest and they are trying to
halance these interests in recom-
mending various code ideas. Mr,
Joe Paradiso stated that he could
see no barm in someone ,being al.
lowed to do their own work in a
home providing an inspection is
made before and after the work
has been completed.
Councilman Moldenhauer moved
that the communication of the Ad-
visory Commission be referred to
the Building Code Committee for
investigation and report. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas - Mayor Meyers, Coun.
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Councilman Pregler moved that
the Advisory Commission and the
Building Department set up a joint
meeting Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Coucbman, Molden-
hauer, Pregler.
Nays-None.
December 11, 1970
Honorable Mayor and
City Council
In order to plan for tbe annual
City of Dubuque fiscal audits for
tbe years of 1970 and 1971, we
have recently contacted Mr. Lloyd
R. Smith, tbe State Auditor, and
have made tentative arrangements
as follows.
I request that tbe 1970 audit
be accomplished with the local
CPA firm of O'Connor, Brooks,
Ahrendt and Brooks, who bave
conducted our audits in past years.
In 1971, we will request the
State Auditor to make the City
audit.
I will come to you gentlemen,
in January 1971, witb the forgo-
ing proposal, in the form of a
Council Resolution. A copy of this
resolution will then be forwarded
to the Auditor of State, Mr. Lloyd
R. Smith, for his concurrence.
Sincerely yours,
G. D. Chavenelle
City Manager
Mayor Meyers moved approval
of tbe Manager's recommendation.
Seconded by Councilman Couch-
man. Carried by the following
vote:
Yeas - Mayor Meyers, Coun-
cilmen 'Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
December 3, 1970
Hon. Mayor and City Council
On September 8, 1969, Mrs.
Julia G. Grutsch filed claim
against tbe City of Dubuque, Iowa
claiming personal injuries as the
result of a fall on the easterly
side of Central Avenue approxi-
mately midway between 14th and
15th Streets.
This matter was referred to tbe
City Attorney who made an inves-
tigation and determined tbat tbe
claimant had suffered a fractured
left elbow and that ber hospital
and doctor bills totaled approxi-
mately the sum of $400.00 and
that the said claimant bas made
an offer of settlement in the
amount of $1500.00, to which
amount the City Attorney has
agreed to contribute $500.00 and
the insurance carrier for the abut-
ting property owners has agreed
Special Session, December 14, 1970
523
to contribute the sum of $1,000.00
thereto.
It is therefore recommended
that the settlement offer be ap-
proved and that the City Auditor
be instructed to draw a warrant
payable to Mrs. Julia G. Grutsch
and Walter F. Grutsch, her hus.
band, individually and as husband
and wife, in the amount of $500.00
and transmit same for delivery
upon receipt of duly executed re-
leases.
Respectfully submitted,
R. N. Russo
City Attorney
Mayor Meyers moved approval
of the recommendation. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas - Mayor Meyers, Coun.
cilmen Couchman, Moldenhauer,
Pregler.
Nays-None.
Abstained-Councilman Bitter.
Notice of claim of John J. Me.
Donald of 3517 Key Corners, in
the amount of $216.50 plus, for
property damage incurred as the
result of a backed.up sewer on No-
vember 21, 1970, presented and
read. Councilman Pregler moved
that the notice of claim be re-
ferred to the City Solicitor for in.
vestigation and report. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Coucbman, Molden-
hauer, Pregler.
Nays-None.
Notice of Claim of Robert T.
Baker of 3511 Key Comers, in the
amount of $209 for damage in.
curred as the result of a backed-
up sewer on November 21, 1970,
presented and read. Councilman
Pregler moved that the notice of
claim be referred to the City So-
licitor for investigation and report.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Coucbman, Molden.
hauer, Pregler.
Nays-None.
Notice of Claim of Mrs. Alvena
C .II a Ide r, in an undetermined
amount, for personal injuries re-
ceived in a fall on a defective
sidewalk on the east side of Bluff
Street between 8th and 9th on
November 16, 1970, presented and
read. Councilman Pregler moved
that the notice of claim be reo
ferred to the City Solicitor for
investigation and report. Second.
ed by Councilman Bitter. Carried
by the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Communication of LeRoy Steines
of 2701 Andrew Court requesting
reconsideration of his sewer back.
up claim that was denied, pre.
sented and read. Councilman Bit-
ter moved that tbe communication
be received and filed. Seconded by
Mayor Meyers. Carried by the fol-
lowing vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Mr. LeRoy Steines inquired why
was his claim denied. The sewer
at 2704 Andrew Court has backed
up several times since it has been
constructed. Mr. Steines was of
the opinion that there is some-
thing wrong with construction of
the sewer.
Councilman Moldenhauer moved
that the communication be re-
ferred to the City Solicitor and a
copy also sent to the City Manager
and staff. Seconded by Council-
man Couchman. Carried by the fol-
lowing vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Notice of claim of Charles G.
Jochum of 484 Edith Street, in the
amount of $50 for expense and
damage incurred as the result of a
backed-up sanitary sewer on De-
cember 12, 1970, presented and
read. Councilman Pregler moved
that the notice of claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
524
Special Session, December 14, 1970
Special Session, December 14, 1970
s25
ORDINANCE NO. 63.70
An Ordlnanca Amending Ordi.
nance No. 37-65 known as the
"Street Parking Meter Ordinance
of Dubuque, lowe" by repeal.
Ing subsection 6.2.2 of Section
6.2 of Parking Metar District B
and by repealing subsection 6.2.3
of Section 6.2 of Parking Meter
District B thereof removing west
side of Bluff Stroet between
Eighth and Ninth Streets and re-
moving both sides of Locust
Street between Sixth and Sev.
enth Streets from said parking
meter District,
presented and read.
Councilman Bitter moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Couch.
man. Carried hy the following
vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Councilman Bitter moved that
the rule requiring an Ordinance
to be read on three separate days
M waived. Seconded by Mayor
Meyers. Carried by the following
vote:
Yeas - Mayor Meyers, Coun.
cilmen Bitter, Coucbman, Molden.
hauer, Pregler.
Nays-None.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE.
IOWA'
seo'ian
Pa,,"'. ap",ved eod 'dopted Ihlo
Ufh dav of December, 197O.
Oo",ld R. Mevers
Mavor
Waltnr A. Pregler
Wav", A. Mold.,..u"
Gavlord M. Cou"'man
Jo,",h J. Bitter
Councilmen
ATTEST,
Leo F. Frommelt
Cltv Clerk
~~~;;,~h1.e-:'~;:Zr '\\'iIhh;¡'el'il'",:p~i
December 1970.
Leo F. Frommelt
Cltv Clerk.
11.12/17
Councilman Bitter moved final
adoption of the Ordinance. Sec-
onded by CouncilmBn Pregler. Car.
ried by the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
ORDINANCE No. 64-70
An Ordinance Amending Ordi-
nance No. 37-65 known as the
"Street Parking Meter Ordinance
of Dubuque, Iowa" by repealing
all subsections of Section 6.1
parking Meter District A: 6.1.1;
6.1.2.; 6.1.3; 6.1.4; 6.1.7; 6.1.8;
and enacting new subsections
6.1.1; 6.1.2; 6.1.3; 6.1.4; 6.1.5 and
6.1.6 to section 6.1 Parking Meter
District A in lieu tbercuf to limit
the Parking of Motor vehicles on
streets hereinafter designated,
presented and read.
Councilman Bitter moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Couch.
man. Carried by the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays - None.
Councilman Bitter moved that
the rule requiring an Ordinance to
be read on three seperate days be
waived. Seconded by Mayor Me.
yers, Carried by the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
ATTEST,
Leo F. Frommelt
CIty CI"k
~~n;,iJ'1.e-:'~;~:rr i\\',I"'7;¡'el~~:'~
Oecomber 1970.
Leo F. Frommelt
Cltv Cierk.
11. "/17
Councilman Bitter moved final
adoption of the Ordinance. Second.
ed by Councilman Pregler. Carried
by the following vote:
Yeas - Mayor Meyers, Council.
men Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
ORDINANCE No. 65-70
An Ordinance Amending Ordi-
nance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by Repealing subsec.
tion 83 of Schedule VI thereof
and Repealing subsection 84 of
Schedule VI thereof and enact-
ing a new Subsection 83 of Sche-
dule VI and enacting a new Sub-
section 84 of Schedule VI in lieu
thereof to provide that motor ve.
hicles shall be prohibited from
parking on both sides of Locust
Street from Second Street to
Third Street and the east side of
Locust Street from Fourth Street
to Eighth street and both sides
of Locust Street from Eighth
street to Ninth Street and on
the south side of West Ninth
Street from Bluff Street to Iowa
Street and both sides of West
Ninth Street from Iowa Street to
Central Avenne.
presented and read.
Councilman Bitter moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Couch-
man. Carried hy the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden.
hauer, Pregler.
Nays - None.
Councilman Bitter moved that
the rule requiring an Ordinance to
be read on three seperate days be
waived. Seconded by Mayor Me-
yers. Carried by the following vote:
Yeas - Mayor Meyers, Council.
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Locuot Slreet
to 3rd Sfr..',
ide from "h
ee" and both
Str..1 to 9th
01(, of Weo' 9th
Bluff Slreet 10
._'òiñ ròýiã- Sl~~ ~"'ce~\",:'
Avenue."
"r.a'.j~' gr!'ìfæ.b~":i::r-Pled Ihlo
Mavor
Waltar A. Pregler
Way", A. Moldenhauer
Gavlord M. Couchman
. J~:"ncrlm:~tler
...
11.12/17
Councilman Bitter moved final
adoption of the Ordinance. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays - None.
1>26
Special Session, December 14, 1970
Special Session, December 14, 1970
527
Communication of City Manager
submitting estimates and projec-
tions of costs and revenues through
1974 covering Garbage and Refuse
Collection and Sanitary Landfill,
showing estimated budgets on both
two and one collections per week,
presented and read. Councilman
Pregler moved that the communi-
cation be received and filed. Se-
conded by Councilman Bitter. Car.
ried by the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
Mrs. Louise Haliburton proposed
to spearhead a move to reduce vo-
lume of collection by recycling re-
fuse such as paper. Mr. Russ Peter-
son of Henningson Durham & Rich-
ardson stated that recycling cannot
be an economic process when it is
done mixed with otber refuse. Mr.
Peterson talked at length what is
being proposed here in the City
as to the processing of Garbage
and Refuse. At the present time
only twenty percent of the refuse
in tbe City is collected by the City
crews. Arthur Boardman thought
the proposed refuse collection
charge should be put on property
tax. Older people sbould be ex-
empt. Joe Schilitz, Mr. Clark, Herb
Kieffer, Nic Behnke bad various
arguments against a charge for the
collection of garbage. Andy Humke
as president of the Golden Age
Club made an appeal to exempt
their membership. He was told to
submit a list of the membership
that possibly would be charged on
their water bills. Brian Mihalakis,
a commercial garbage hauler, was
fearful that the City would take
some of his commercial accounts.
Communication of Dubuque Au-
dubon Society investigation possi-
bilities of recyclying wastes in or-
der to lessen refuse collection and
spare the environment, setting
aside sometime in February to con-
duct a drive. Councilman Pregler
moved that the communication be
recevied and filed and the Mayor
issue a proclamation. Seconded by
Councilman Moldenhauer. Carried
by the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Councilman Pregler moved that
the rules be reimposed. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden.
hauer, Pregler.
Nays - None.
ORDINANCE No. 66-70
An Ordinance Providing for
Municipal Collection of Garbage
and Refuse; Defining Term; Pre-
scribing Rules and Regulations
therefore; Establishing a Collec-
tion Fee therefore; Requiring
City Manager to prepare "Delin-
quent List" and Providing for
the collection of Delinquent
Charges as provided by law; Re-
stricting the Private Collection
of Garbage and Refuse; Provid-
ing for the Licensing and regula-
tion of Private Garbage and Re-
f use Collectors; Prescribing
Rules and Regulations for Haul.
ing Garbage, Refuse and other
Was t e Materials within or
througb the City of Dubuque;
Prohibiting the Deposit of Litter
within the City of Dubuque; Pro-
viding Penalties for Violation
thereof; and Repealing Ordi-
nances 38-53 and 3-68.
presented and read.
b'a"; iow",
sect:o. 1. Fo, the p"no,e of th"
O,dl",n<o the followln, d"inmon,
,hali e..i"
'e' "G"b"e" ,hell meen eny end
ell "",e "om tood Inoidente' to it,
p'ep","on 0' "e '0' h,men oon.
"mp"on,
b) "ReMe"
Councilman Pregler moved for
one collection of Garbage per
week. Motion died for lack of a
second.
Councilman Bitter moved tbat
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Couch-
man. Carried by the fuJIowing vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Section 2. The CitY Mene,., i'
end dimted 10 em.
vehiole, end eo,ip-
n",e""" opmll;.,'
in,:;'
0,-
ond
Councilman Bitter moved that
the rule requiring an Ordinance to
be read on three separate days be
waived. Seconded by Mayor Me-
yers. Carried by the following vote:
Yeas - Mayor Meyers, Council
men Bitter, Couchman, Molden
hauer, Pregler.
Nays - None.
Emp"on, to the e,tebn,hed ",-
ledlon oh"oe "om ",.,iden"el p'em'
i,e," m " tollow"
3. in
M
~d
iy "om"o" ""°'.0.
'n ell "oh ",e, the CitY Mena-
oe, ,hell hove the ,"'ho,itY '0 'o.
"i'e "oh "oof of .e"nov. "",n-
clei ,'e"'. e., " ex"eme h"d,hlp
" he m,y deem n"e,,"Y.
i-
Z"o (0) '0 120 ,,110"' of ",be,e
end ,,'," p" week ,hell be ohm'"
the ,.,idenllei "emi", ,,'e tlm.,
t.OO.
The nex' 120 "lion, p" week"
",,",n "",of ,hell be oh".," the
",'dentlei "emi", "Ie 11m., .".
All eddi"onei ,nit, of 120 .ellon,
p" week" f",lIon th",of ,hell be
,"".,d the ",ideotlei p"mi", "'e
11m., .SO.
528
Special Session, December 14, 1970
Special Session, December 14, 197{)
S29
.ome man.., .. .enero'
'a....
co~~~ßonlO¿,o~oe':'~':'(. lI.'.:"bu:'l'.
~":..-':."'~~";I:e ~r~~~ J°';'~~
d_ad .",IY of a m""..n.."", and
"011 be ovn','" by a "ne of .°'
mo,e "on SI00.00 °' be im,,"""
." .o' m",e "'a. 30 day,.
""ion ". T'" o"n~n," ,'all be
In "" fo,," and effe" ".m and
..,., Jonua,.., 1.""-
Pa..od, ...,oYed and ""OPled !hi.
""day of Oeeembe" "'..
Oonaid R. Meye"
Mom
p",'e,
Molden',ue,
, C""chlna.
ai-
~TTEST,
Leo F. Fromme"
CItY Cie,'
P"",I"'.. effieelly In The Te'e.,.",
H",'d N.....a".,. .., 18th daY'"
Oe,"mbe, "'0.
L,oF.Fro-
CitY C'eri<.
H.I>/"
Councilman Bitter moved final
adoption of tM Ordinance. Sec.
onded by Councilman Coucbman.
Carried by tbe following vote:
Yeas - Mayor Meyers, Coun.
cilmen Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
OWDINANC1! NO. 67.70
AnOrdinan<:e Amendinq Ordl.
nance No. 4-68 By Repealing Sec.
tion 12 Thotreof and enacting a
new section 12 in lieu thereof
Ie establish foes for the use of
the public landfill,
presented and read.
Couneilman Bitter moved that
tbe reading just bad be considered
tbe first readiM of the Ordinance.
Seconded by Councilman Couch.
man. Carried by the fol1owing
vote:
Yeas - Mayor Meyers, Coun.
cilmen Bitter, Coachman, Molden-
hauer, Pregler.
Nays-None.
Councilman Bitter moved tbat
the rule requiring an Ordinance
to ,be read on three separate days
M waived. Seconded by Mayor
Meyers. Carried by the following
vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
bauer, Pregler.
Nays-None.
SectiOn 11. Any p",son, f"m °' w.
pennon v'o'o"no any of th, .'0-
vi.io.. of "',. onllnonco "'all be
OnII",ne,
A. Onlinoo,"
No. 4-6. by ,.
"'"eo' and ,.a
I. lie, "'",of
"', '" of "', OV"u< ,.n",,",.
Now ,""efo,e be " o,doi... by the
CItY Co,nell of th, CItY of D,b,.".
Iowa,
No. .....
ome.d..
,eof o.d
I. Ii"
_ion ". Onl'.on," 38.53 ami D,:
dl.ooe, 3-68 a" ""by ,e..ol".
of'~~T~o~g,.AI\. °1¡~1,?~r' ;';h .'!hl:
onll.on," are ""bY "..al,d.
The ."""'".. of "'I, ""Ion "'all
be In "" te", ood 'ffeef Jo.uon>
1,1971'"
PO"'" o."oved ami ad...ed "".
".. ,",v of Dee,mbe,. "'O.
Do",'d R. M'YOn
May<"
Waif" A. Preg'er
WaY", A. Mold,"a",
Go""'d M. Couchman
Jo".h J. Biff"
Co,"ellm..
ATTEST,
Leo F. Frommen
City Cle,'
P,bll,h" officeny '" The Tel,.,."".
Hm'd N,w,.,." thi. "'" day of
Deœmb" "'0.
Leo F. F,omm'if
CitY C,,<t<.
fl. 12111
Councilman Bitter moved final
adoption of the Ordinance. Second-
ed by Councilman Couchman. Car-
ried by the following vote:
Yeas - Mayor Meyers, Coun.
cilmen Bitter, CoucJnnan, Molden-
hauer, Pregler,
Nays-None.
Petition Df Marvin Nielsen of
1284 W. 6tb St. requesting action
be taken as to control of occupan.
cy of the rooming hou~ at 1270
530
Special Session, December 14, 1970
W. 5th Street, presented and read.
Councilman Pregler moved that
the petition be referred to the
City Manager and staff for investi-
gation and report. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Coucbman, Molden-
hauer, Pregler.
Nays-None.
Petition of A.l Plumbing Cool-
ing & Heating Co. requesting a re-
fund of $23.00 wbich was paid for
plumbing permits but were never
used presented and read. Council-
man Bitter moved that the refund
be granted and the Auditor in-
structed to issue proper warrant.
Seconded by Mayor Meyers. Car.
ried by the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
November 30, 1970
Honorable Mayor
and Council Members
The City Planning and Zoning
Commission has reviewed the final
plat of Block 8 in "Dubuque Down-
town Plaza", in the City of Dubu-
que, Iowa, and the Subdivision of
City Lot 169 in the City of Dubu-
que, Iowa.
The Commission has found that
the plats are in accord with the
Urban Renewal Plan for the City
of Dubuque, Iowa, and meet with
tbe mintmum reqntrements of the
Ordinance.
It is the recommendation of the
Commission that the plats be ap-
proved.
Respectfully submitted,
City Planning and Zon.
ing Commission
Don Gilson
City Planner
Councilman Bitter 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.
RESOLUTION No. 389.70
SUBDIVIDING CERTAIN LOTS
IN THE DOWNTOWN URBAN
RENEWAL PROJECT AREA
FOR PUBLIC RIGHT-OF-WAY
AND OTHER PURPOSES
WHEREAS, under date of July
26, 1967, the City of Dubuque and
the United States of America en-
tered into a Loan and Capital
Grant Contract for the undertaking
of the Downtown Urban Renewal
Project, Iowa R-15; and
WHEREAS, the City of Dubuque,
pursuant to the Urban Renewal
Pian for said Project, bas acquired
real estate, relocated site occu-
pants, demolished and removed
site improvements, and bas other-
wise prepared certain land for reo
use purposes; and
WHEREAS, a plat subdividing
certain lots for public right.of-way
and other purposes has been exa-
mined by the City Council of the
City of Dubuque, Iowa; and
WHEREAS, said plat has been
examined by tbe Planning and Zo.
ning Commission of the City of Du-
buque, Iowa, and has its approval
endorsed thereon; and
WHEREAS, said plat conforms
to the laws of the State of Iowa,
and the ordinances of the City of
Dubuque, governing the subdivi-
sion of real estate in the City of
Dubuque, Iowa, now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU.
BUQUE, IOWA:
Section I. That the plate dated
October 30, 1970, of the subdivi-
sion of City Lot 169, in the City of
Dubuque, Iowa, by Carl F. Bartels,
Licensed Professional Civil Engi-
neer and Land Surveyor, M and
the same is hereby approved.
Section 2. That the Mayor and
City Clerk be and tbey are hereby
authorized and directed to execute
said plat for and on behalf of the
City of Du,buque, Iowa.
Section 3. That the City Clerk be
and is hereby authorized and di-
rected to file a copy of this Resolu.
tion in the Office of the County
Recorder in and for Dubuque Coun-
ty, Iowa, and in the Office of the
City Assessor in and for the City
of Dubuque, Iowa.
Special Session, December 14, 1970
531
Passed, approved and adopted
this 14th day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Couchman moved
adoption of the resolution. Second.
ed by Councilman Bitter. Carried
by the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays - None.
RESOLUTION No. 390.70
DEDICATING CERTAIN LOTS
IN THE DOWNTOWN URBAN
RENEWAL PROJECT AREA
FOR STREET PURPOSES
WHEREAS, under date of July
26, 1967, the City of Dubuque and
the United States of America en-
tered into a Loan and Capital
Grant Contract for the undertaking
of the Downtown Urban Renewal
Project, Iowa R-15; and
WHEREAS, the City of Dubu-
que, pursuant to the Urban Rene-
wal Plan for said Project, has ac.
quired real estate, relocated site
accupants, demolished and re-
moved site improvements and has
otherwise prepared certain land
for reuse purpose; and
WHEREAS, a plat dedicating
certain lots for street purposes has
been examined by the City Coun-
cil of the City of Dubuque, Iowa;
and
WHEREAS, said plat has been
examined by tbe Planning and Zo.
ning Commission of the City of Du.
buque, Iowa, and has approval en.
dorsed thereon; and
WHEREAS, said plat conforms
to the laws of the State of Iowa,
and the ordinances of the City of
Dubuque, governing the subdivi.
sian of real estate in the City of
Dubuque, Iowa, now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the plat dated
October 30, 1970, dedicating Lot 2
of the subdivision of City Lot 169,
in the City of Dubuque, Iowa, by
Carl F. Bartels, Licensed Profes-
sional Civil Engineer and Land Sur-
veyor, be and the same is hereby
approved, and the dedications of
said Lot for public street purposes
as West Ninth Street with ease-
ments for public utilities as the
same appears upon said plat, be
ond the same are hereby accepted.
Section 2. That the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
said plat for and on behalf of the
City of Dubuque, Iowa.
Section 3. That the City Clerk be
and is hereby authorized and di-
rected to file a copy of (his Re-
solution in the Officz of the Coun-
ty Recorder in and for Dubuque,
County, Iowa, and in the Office of
the City Assessor in and for the
City of Dubuque, Iowa.
Passed, approved and adopted
this 14th day of December, 1970.
Passed, approved and adopted
this 14th day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Couchman moved
adoption of the resolution. Second-
ed by Coundlman Bitter. Carried
hy the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
RESOLUTION No. 391.70
Approving a Plat in Dubuque
Downtown Plaza in the City of
Dubuque, Iowa.
WHEREAS, under date of July
26, 1967, the City of Dubuque and
the United S~ates of America en-
tered into a Loan and Capital Grant
Contract for the undertaking of
the Downtown Urban Renewal Pro-
ject, Iowa R-15; and
WHEREAS, the City of Dubuque,
pursuant to the Urban Renewal
Plan for said Project, has acquired
real estate, relocated site occu-
532
Special Session, December 14, 1970
Special Session, t>ecember 14, 1970
533
pamts, demolished and removed site
improvements, and has otherwise
prepared certain land for reuse
purposes; and
WHEREAS, a plat of Block 8 io
Dubuque Downtown Plaza being
comprised of Lot 1 of City Lot 169,
in the City of Dubuque, Iowa, has
been examined by the City Council
of the City of Dubuque, Iowa; and
WHEREAS, said plat has been
examined by the Planning and
Zoning Commission of the City of
Dubuque, governtng the subdivis-
ion of real estate In tbe City of
Dubuque, Iowa, now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section I. That the plat of Block
8 in Dubuque Downtown Plaza in
the City of Duhuque, Iowa, dated
October 30, 1970, <by Carl F. Bar.
tels, Licensed Professional Civil
Engineer and Land Surveyor, be
and the same is hereby approved.
Sadlon 2. Tbat the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
said plat for and on behalf of the
City of Dubuque, Iowa.
Sedion 3. That tbe City Clerk be
and is bereby authorized and di-
rected to file a copy of this Reso-
lution in tbe Office of the County
Recorder in and for Dubuque
County, Iowa, and in the Office of
the City Assessor in and for the
City of Dubuque, Iowa.
Passed, approved and adopted
this 14th day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenbauer
Gaylord M. Couchman
Josepb J. Bitter
Councilmen
Attest:
Le<> F. Frommelt
City Clerk
Councilman Couchman moved
adoption of the resolution. Second-
ed by Councilman Bitter. Carried
by tbe following vote:
Yeas - Mayor eyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Communication of Time FInance
fur the purchase of Urbam Renewal
Corporation submitting a proposal
land at the northwest corner of
Seventh Street and Central Aeve.
nue, to construct a one story of-
fice buildiog, presented and read.
Councilman Bitter moved that tbe
communcation be received and
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Naya - None.
RESOLUTION No. 392-70
Declaring Intent to sell a po'"
tion of the Downtown Urban
Renewal Project, Iowa R.IS, to
Time Finance Corporation
WHEREAS, under date of Au-
gust 4, 1969, the Council of the
City of Dubuque approved and
authorized tbe receiving of pro-
posals for the sale and redevelop.
ment of certain parcels of real es-
tate io the Downtown Urban Re.
newal Project, Iowa R-15, and
WHEREAS, io reaponse to said
offering, a proposal for tbe pur.
cbase and redevelopment of a por-
tion of tbe Project Land was re-
ceived from Time Fioance Cor-
poration and
WHEREAS, pursuant to Chapter
403 of tbe 1966 Code of Iowa, as
amended, and certain regulations
of the Department of Housimg and
Urban Development, certain doc-
uments must he made available
for pu<blic inapection and a pu<blic
hearing conducted; now therefore,
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section I. That the City of Du.
buque hereby declares Its iotent,
after a public bearing, to dispose
of South 79 feet of the East 85.18
feet of Lot 1 of Block 3 io Du-
buque Downtown Plaza io the City
of Dubuque, Iowa, also known as
South 79 feet of tbe East 85.18
feet of Disposition Parcel I of
Block 3 to Time Finance Corpora-
tion In accordance with the terms
of the Disposition Documents
governIng such sale on file In the
office of the Department of Ur.
ban Renewal.
Section 2. That the City Clerk be
and is bereby autbortzed and di.
rected to publish notice of public
hearing to be held on January 18,
1970 and to make certain docu-
ments available for public iospec-
tion. Such notice shall be sub-
stantially in the form of Exhibit
"A" attached hereto and made a
part hereof, and such notice may
cover one or more proposals.
Passed, approved, and adopted
this 14th day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
Legal Notice of Hearing
Pursuant to Chapter 103 of the
1966 Code of Iowa, as amended,
the City Council of the City of
Dubuque will hold a public hear.
Ing for tbe purpose of considering
the authorization of the execution
of proposed agreements by and
between the City of Dubuque and
the developers <hereinafter listed
for the purchase and redevelop.
ment of certain parcels of real es.
tate located io tM Downtown Ur-
ban Renewal Project, Iowa R-15,
which project iocludes tbe area
bounded by Fourth Street on the
south, Central Avenue on the east,
Ninth Street on tM north, and L0-
cust Street on the West.
Name end Add...1 of Devel_r:
Time Finance Corporation, 221
West 9th Street, Dubuque, Iowa
Said hearing will be held in
Council Chambers, City Hall, 13th
and Iowa Streets, Dubuque, Iowa,
at 7:30 P.M. on the 18th day of
January, 1971, and ány person or
organization desiring to be heard
will be given an opportunity to be
heard on the question of tM pro.
posed dispositions.
A "Redeveloper's Statementfor
Public Disclosure" io the form
prescribed by the Department of
Housing and Urban Development
and the proposed "Disposition
Agreement" for each of said de.
velopers are on file and available
for inspection at the office of the
City Clerk, City Hall, Du<buque,
Iowa between 8:00 A.M. and 5:00
P.N. except Saturdays, Sundays,
and holidays. Said documents shall
also be available at the time of the
public beariog.
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded by
Councilman Pregler. Carried by
the following vote:
Ye.. - Mayor Meyers, Council.
man Bitter, Couchman, Mulden-
bauer, Pregler.
Nays - None.
RESOLUTION No. 393-70
Authorizing the cbargeoff of
accrued delinquent rentals in
co""edlan with the Downtown
Urban Renewal Proiect, Iowa
R-tS
WHEREAS, io the administra-
tion of the Property Management
Program, rentals are accrued and
collected from occupants of pro.
perty purchased by the City of
Dubuque in tbe execution of the
Downtown Urban Renewal Project,
Iowa R-t5; and
WHEREAs, there has accrued
certaût delinquent rentals whlcb
in the best interest of the project
should be cbarged-off; now there.
fore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section I. That it is bereby
found and determined based upon
the re_ds maintained by the De.
partment of Urban Renewal in
connect!ðn with the accrued de-
linquent rentals hereinafter listed
that there is no reasonable pros-
pect ðf cullection io that tbe pro<b'
able costs of further efforts to
collect would not be warranted.
Account No. Amount
13OA $40.00
254 40.00
Section 2. That the Director of
Urban Renewal be and he is bere-
by authorized and directed to
charge off in tbe appropriate ac-
counting records for the Down.
town Urban Renewal Project Iowa
R-15, the aforementioned delin-
quent accrued rentals.
Passed, approved and adopted
534
Special Session, December 14, 1970
Special Session, December 14, 1970
535
this 18th day of December, 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.
RESOLUTION No. 317.70
WHEREAS the City Manager has
reported to the City Council tbat
the buildings and premises located
on Lot 5 in Union Addition owned
by Miss Adeline Studier, Mrs.
Emma DeTablan, and known as
942 Dodge Street in the City of
Dubuque, Dubuque County, Iowa,
are dangerous to life and health
because of their condition and that
demand bas been made by bim
upon Miss Adeline Studier and
Mrs. Emma De Tablan, 503 29th
Street, Rockford, illinois 61100 as
owners of said property that tbe
condition complained of be cor-
rected and that said owner has
failed to correct the conditions
within the time provided by the
notice; and,
WHEREAS on August 24, 1970,
the City Council set said report
down for hearing at 7:30 o'clock
P.M. Central Daylight Time Sep-
tember 21, 1970, in the City Coun-
cil Chamber in the City Hall in
the City of Dubuque, Dubuque
County, Iowa, and directed the
City Clerk to give notice of said
hearing: and,
WHEREAS it appears by return
of serYice now on file in tbe re-
cords of the City Council that no-
tice of said hearing was given by
serving by Registered Mail on
Miss Adeline Studier and Mrs.
Emma De Tablan on August 26,
1970, and by publication in the
Telegraph Herald newspaper on
August 28, 1970, and
WHEREAS pursuant to said no-
tice on order of the City Council
. 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 tbe owners of the
above described real estate were
afforded an opportuntty to be
heard and witnesses concerning
the condition of tbe property and
the bazard was heard; and,
WHEREAS the Council has duly
considered the testimony of the
witnesses and viewed the premises
and has reached its determination.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section I. That the structures
known as Lot 5 Union Adn. locat-
ed at 942 Dodge Street, Dubuque,
Iowa in tbe City of Dubuque, Du-
buque County, Iowa, be and the
same are hereby found and de-
clared to <be dangerous to life,
bealth and property and a nuis-
ance;
Section 2. That tbe City Mana-
ger be and he is hereby authorized
and directed to cause the struc-
ture known as 942 Dodge Street
and located on Lot 5 in Union Ad-
dition in the City of Du<buque, Du.
buque County, Iowa, to be dis-
mantled and removed.
Section 3. That upon completion
of said work, tbe City Manager
shall certify the cost thereof to
the City Clerk.
Section 4. That upon receipt of
said certificate of cost from tbe
City Manager, the City Clerk sball
thereupon certify said cost to the
County Auditor of Dubuque Coun.
ty, Iowa, and it shall be collected
with and in tbe same manner as
general property taxes.
Section 5. That tbe City Clerk
be and is hereby directed to re-
cord a certified copy of this Reso-
lution in the office of the County
Recorder of Dubuque County,
Iowa.
Passed, adopted and approved
this 14th day of Decem<ber, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Joseph J. Bitter
Councilmen
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.
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
City of Dubuque 1970 Bituminous
Concrete Paving Project No.1 on
the following named streets:
1. Eagle Point Park - Roadway
325' extension. 2. Fenelon Place-
from the E.P.L. of Raymond Place.
3. Kane Street - from tbe W.P.L.
of Carter Road west to the end of
the street. 4. Key Corners - from
the W.P.L. of Sbaron Drive to the
E.P.L. of Richie Drive. 5 Keymont
Drive - from the E.P.L. of Key
Knolls Subdivi.ion to the W.P.L.
of Key Knolls Subdivi,ion. 6. Key
Way - from the N.P.L. of Penn-
sylvania Avenue to the N.P.L. of
Lot 6 Block "Au of Key Knolls
Subdivision. 7. Lea Lane - from
the N.P.L. of Penmylvania Avenue
to the S.P.L. of Key Corners.
8, Richie Drive - from the N.P.L.
of Penmylvania Avenue to tbe
S.P.L. of Key Corners. 9. Sharon
Drive - from the N.P.L. of Penn-
sylvania Avenue to the S.P.L. of
Key Corners. 10. Veterans Park
Road - from the W.P.L. of Balboa
into Veterans Park. 11. Vizalea
Drive - from tbe N.P.L. of Penn.
sylvania Avenue to the S.P.L. of
Keymont Drive.
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 levy were mail-
ed to property owners of record
by certified mail on November 18,
1970, subject to assessment to pay
for cost of constructing City of
Dubuque 1970 Bituminous Con-
crete Paving Project No. I, pre-
sented and read. Councilman Bit-
ter moved that tbe statement be
Attest:
Leo F. Frommelt
City Clerk
received and filed. Seconded by
Mayor Meyers. Carried by the fol.
lowing 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 on December 1, 1970 in the
assessable area of the City of Du-
buque 1970 Bituminous Concrete
Paving Project No.1, presented
and read. Councilman Bitter
moved that the statement 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.
RESOLUTION No. 394-70
SCHEDULE OF ASSESSMENTS
RESOLVED <by the City Council
of the City of Dubuque, Iowa: That
to pay for construction of CITY OF
DUBUQUE BITUMINOUS CO N-
CRETE PAVING PROJECT NO.1,
by Mulgrew Blacktop Inc., Con-
tractor in front of an adjoining
the same, a special tax is hereby
levied on the several lots, and
parts of lots, and parcels of real
estate all as named, situatcd and
owned, and for the several amounts
set oposite each lot or parcel of
rcal estate, as set forth in the fol-
lowing schedule.
CITY OF DUBUQUE
1970
BITUMINOUS CONCRETE
PAVING PROJECT NO. I
Construction Cost ..,.........$62,081.44
Less City Share .............. 43,944.75
Assessable Amount ........ 18.136.69
10% Engineering Exp..... 1,813.67
5% Interest-52 days.... 130.99
Total Assessable Amount 20,081.35
City Share ........................ 43,944.75
Total Cost ........................ 64,026.10
For Fenelon Place 1970 Bituminous
Project from the E.P.L. of Burch
Street to the E.P.L. of Raymond
Place with Bituminous Concrete
Paving
Claribel Hutton, Lot PT8,
Fortunes Sub. .................. 243.27
536
Special Session, December 14, 1970
Special Session, December 14, 1970
5:r1
Claribel Huron, Lot 9, For-
tu- Sub. ........................ 412.81
Edward J. &: Macella L.
Weber, Lot 10, Fortunes
SUb. .................................... 412.31
cant: Thomas R. & Mary
C. Rettenmeier
Duane Wilson, Lot 11, For.
tunes Sub. ........................ 412.31
Duane WIlson, Lot 12, For-
tunes Sub. ........................ 412.31
Lucllle Marie Danglemeyr,
Lot 13, Fortunes Sub. .... 412.31
Lucille Marie Danglemeyer,
Lot 14, Fortunes Sub. .... 412.31
Leo E. Jeambey, Lot 15,
Fortunes Sub. """"""""" 439.36
Joyce DIane &: Herbert F.
Honey, Lot E.'k.16, For-
tunes Sub. ............."......... 219.68
Richard C. " Maxine Breit-
haupt, Lot W'k-I6, For-
tunes Sub. ..........."........... 219.68
Nicholas C. &: Ann M.
Kean, Lot E'>!o-17, For-
tunes Sub. ..............."....... 219.68
Nicholas C. &: Ann M-
Kean, W',í.17, Fortunes
Sub. """""""""""""""""" 219.68
Nicbolas C. " Ann M.
Kean, Lot ES'-18, For-
tunes SU<b' .......................... 43.95
Eldon Hutton Eta! eont:
Brent &: Carol Postel, Lot
W45'-18 Fortunes Sub..... 395.41
Brent &: Carol Postel, Lot
EI6.6'-19, Fortunes SU<b' .... 144.97
Bureau of Education of
Arcbdiocese of Dubuque,
Lot W31'6",19, Fortunes
Sub. .................................... 294.39
Bureau of Education of
Arcbclloeese of Dubuque,
Lot 1-20, Fortunes Sub. .. 281.85
Bureau of Education of
Arehdiocese of Dubuque,
Lot 2-20, Fortunes Sub. .. 157.17
Bureau of Education of
Arebdioeese of Dubuque,
Lot E23'6"-21, Fortunes
Sub. ..........................."....... 171.36
Alfred &: VIctoria FInch,
Lot 1-1, Summit SI. Sub. 27.39
Donald L. &: Amna Mae Con-
Ion Lot 2, Summit St.
Sub. .................................... 37.11
Irvin C. &: Lillian T. Renier,
Lot 3, Summit St. Sub... 70.09
Milton Andrew & Milton
Fred Boyes, Lot 1-4, Sum.
mit St. Sub. ...................... !J8.03
Joseph B. &: JIiltired Lu-
kens, Lot 1.s, Summit 51.
Sub. ..............".................... 38.04
87.11
conI: Robert E. Osten
Dorothy K O'Rourke, Lot
1S5O'-8129', Kiene &: Block-
lingers Sub. ...................... 137.47
Gertrude Murphy (surviv.
or), Lot 8-38'-N'79'-SI29',
Sub. Lots 4, 5 &: 6 ............ 54.84
Thomas A. &: Marg!. Dono-
van, Lot N-41'.N-79'-SI29',
Sub. Lots 4, 5 " 6 ............ 37.60
Michael J. &: Opal S. Dug-
gan, Lot N-62', Sub. Lots
4, 5 &: 6 """"""""""""""" 9.40
Julien Improvement Co:
Cant: Thomas L. &: Mary
Knepper Lot S28'.6" S58'
S75'-S9I!' Sub Lots 1, 2 &:
3 """"""""""""""""""""" 107.45
Elizabetb H. Chamberlain,
Lot N23'6" - SS2' . S75' .
898.5', Sub. Lots 1, 2 &: 3 42.30
Larry K. &: Nancy L. Mohr,
Lot N23'6" . S75' - 898.5',
Sub. Lots 1, 2 &: 3 ............ 30.76
Charles R. &: Ann H. Good-
In, Lot N28'6" . 552', Sub.
Lot. 1, 2 &: 3 .................... 57.39
Joseph B. &: Mildred E. Lu-
kens, Lot S23'I" . NI00',
Sub. Lots 1, 2 &: 3 .......... 25.58
Amelia Demmer, Lot SI6'5"-
N70'4" - NI00', Sub. Lots
1, 2 &: 3 """"""""""""""" 16.16
Artbur E. &: Marie R. Hurl-
burt, Lot N53'l1" - N70'4"
Nl00', Sub. Lots 1, 2 &: 3 2.14
Robert K. &: Judith Ann
Wrlgbt, Lot E.40'-IS, Pros-
pect Hill Add. .................. 329.85
James M. &: Sally J. Plein-
cont: John T. &: Dolores
M. Farley. Lot W.I0"15,
Prospect mll Add. .......... 82.46
James M. &: Sally J, Plein-
cant: Jobn T. &: Dolores
M. Farley, Lot E.40'-16,
Prospect Hill Add. ........ 329.85
Bess B. Bogue, Lo1 W.I0'-
16, Prospect Hill Add. .... 82.46
Bess B. Bogue, Lot 17, Pros-
pect Hill Add. .................. 412.31
Midwest Mortgage Co. contr:
Donald R. &: Dorothy K.
Freeman, Lot 18, Pros-
pect Hill Add. .................. 412.31
Roger J- &: Joan Bertsch,
Lot 19, Prospect Hill
Add. .................................... 412.31
Grace Browne, Lot 2O, Pros-
pect Hill Add. """"""""" 412.31
A. Hannison and Edne E.
Wunderlich, Lot 21, Pros-
pect Hill Add. .................. 412.31
Gerald J- & Margaret A.
Carn, Lot E.25'-32, Pros-
pect mll Add. .................. 206.16
Gerald J. &: Margaret A.
Carri, Lot W.25'-22, Pros-
pect Hill Add. .................. 206.16
L.D. Kascel a/k/a/Lavem
D. Kascel, Lot E.38'-23,
Prospect Hill Add. .......... 313.36
JulIen Improvement Co.
contr: Charles W. &: Bev-
erly A. Hilgert, Lot W.
12'-23, Prospect Hill Add. 98.96
Charles W. &: Beverly A.
Hilgert, Lot 24, Prospect
trill Add. .......................... 412.31
John A. Cunningbam Jr.,
Trustee, Lot 25, Prospect
Hill Add. ............................ 263.88
John A. Cunningham Jr.,
Trustee. Lot 26, Prospect
Hill Add. ............................ 412.81
Anton G. &: Marie Schaef.
ers, Lot T/, Prospect Hill
Add. .................................... 358.80
Florence Dunne & Pearl
O'Hare. Lot 26, Prospect
IIill Add. .........................". 858.80
VIola Hardimon comtr:
Lyle E. &: Juanita L.
Dague, Lot 29, Prospect
trill Add. ............................ 437.55
Dean H. &: Patricia Thn1
contr: Karl V. &: Nancy
L. Williams, Lot 30, Pros-
pect mll Add. .................. 437.55
Harold O. &: Gertrude M.
Howes, Lot 31, Prospect
Hill Add. .......................... 437.55
C. George &: Dorothea L.
Biasi-contr: George R. Jr.
&: Vancine C. Baker, Lot
32, Prospect HIll Add. .... 437.55
C. George &: Dorothea L.
Biaskontr: George R.
Jr. &: Vanclne C. Baker,
Lot 33, prosoect HIli Add. 437.55
James H. &: Helen B. Mc-
Fadden, Lot 34, Prospect
Hill Add. ............................ 437.55
James H. II< Helen B. Mc-
Fadden, Lot 35, Prospect
Hill Add. ............................ 437.55
James H. &: Helen B. Mc-
Fadden, Lot W.I0' . W.'k-
36, Prospect HIll Add..... 87.49
Charles G. Est. II< Rose F.
Kunz, Lot E.1S' . W.'h .
36, Prospect Hill Add. .... 181.28
Charles G. Est. &: Rose F.
Kun2, Lot E.'" .86, Pros-
pect mll Add. .................. 218.77
Charles G. Est. II< Rose F.
Kunz, Lot 87, Prospect
Hill Add. """""'........."...... 431.55
Dorothy Frances Cassidy,
Lot 38, Prospect Hill
Add. 'M""........................... 436.15
Dorothy Frances Cassidy,
Lot WOO'-39, Prospect
Hm Add. """""""""""""" 430.13
Arthur F. Nagel, Lot E70'-
39, Prospect mil Add. .... 601.40
Robert K. &: Judith Ann
Wright, Lot WIO'-41A,
Prospect Hill Add. .......... 82.46
Elizabeth K Bane Sigman
cant: Thomas D. Jr. ""
Tatiana O'Rourke, Lot
EI0'-41A, Prospect Hill
Add. """""""""""""""""" 82.46
Tbomas D. Jr. &: Tatiana
O'Rourke, Lot W23'>!J'-41,
Prospect mll Add. ........ 193.80
James H. &: Helen M. Mc-
Fadden, Lot l-W86'8"-E
76'8"-41, Prospect mil
Add. .................................. 483.66
Richard &: Gladys Mal1llall,
Lot 2 . W66'8" . E76'S" .
41, Prospect Hill Add..... 66.39
Dorothy T. Huntoon (Sur-
vivor), Lot 1, Fenelon
Point """"""""""""""""" 612.13
Wìlliam &: Janet Porter,
Lot 2, Fenelon Poimt ...-.. 494.79
Catholic CharitIes of the
Archdiocese of Dubuque,
Lot 2-1, City Lot 692 ...... 859.10
20,081.85
2106 cu. yds. Excavatton
(unclassified) @ $1.35 2,843.10
1200 gals. Prime Coat
MC-70 @ 0.25 ................ 300.00
317.5 tons Bituminous
Binder Course @ 11.66 8,702.05
279.5 tons Biinminous Sur-
face Course @ 12.04 .... 3,365.18
1895.05 tons %" Stabil-
ized Rolled Stone Base
@ 3.92 ............................ 7,428.60
4 Du. of Manholes-Raise
or Lower @ 55.77 ........ 223.08
4 no. of Manhole Ring &:
Cover @ 68.67 .............. 274.66
'100.8 IIn.ft. Curb &: Gut-
ter-Remove & Replace
@ 6.60
665.28
Total Construction Cost....18,801.97
'City Sbare ........................ 665.28
Assessable Share ............18,136.69
10% Eng. Expense .......... 1,818.67
5% Interest-52 days .... 130.9Q
Total Assessable Amt. ....20,081.35
All of whicb is assessed ro the
Special Benefits Conferred.
538
Special Session, December 14, 1970
Special Session, December 14, 1970
539
Passed, adopted and approved
this 14th day of December 1970.
Ronald 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 Moldenbauer. Carried
by the followIng vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays--None.
Proof of Publlcation, certified
to by the Publisher, of Notice of
public hearing to consider a pro-
posal to authorize the issuance
of street improvement bonds to
pay for assessed cost of construe!-
ing City of Dubuque 1970 Bitumin.
ous Concrete Paving Project No.1,
in the amount of $20,081.35, pre-
sented and read.
Councilman Bitter moved that
the proof of publication be receiv
ed and filed. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas--MaYGT Meyers, Council-
men Bitter, Couchman, Molden.
hauer, Pregler.
Nays--None.
RESOLUTION NO. 395.70
Resolution Providing for the Is.
uance of Street Improvement
Bonds for the Purpose of Pro.
viding for the Paymant of the
Assessed Cost of the Construc.
tion of the City of Dubuque 1970
Bituminous Concrete Paving
Project No.1.
Whereas the contract heretofore
entered into by the City of Du-
buque, Iowa, for the improvements
hereinafter described has been
completed and the City Manager
has certified the completion there.
of to the City Council and tbe
City Council has ascertained tbe
cost thereof and has determined
tbat $20,081.35 Dollars of tbe cost
thereof shall be assessed against
tbe property subject to assessment
tberefor; and
Whereas publlc notice, as pro-
vided by law, has been publlshed
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-
sessed cost of said improvement
and a publlc hearing has been
held, pursuant to such notice and
all 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 the CITY OF DU-
BUQUE 1970 BITUMINOUS CON-
CRETE PAVING PROJECT NO.1
on the following named proper-
ties:
1. Eagle Point Park-Roadway
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.
Gf Key Knolls Subdivision. 6. Key
Way-from the N.P.L. of Pennsyl-
vania Avenue to the N.P.L. of Lot
6 Block "An of Key Knolls Subdi-
vision. 7. Lea Lane-from the N.
P.L. of pennsylvanta Avenue to
the S.P.L. of Key Corners. 8. Ricb-
ie Drive-from the N.P.L. of Penn-
sylvania 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 Corn.
ers. 10. Veterans Park Road-from
the W.P.L. of Balboa into Veterans
Park. 11. Vizaleea Drive-from tbe
N.P.L. of Pennsylvania Avenue to
the S.P.L. of Keymont Drive.
there shall be issued street im-
provement bonds in the amount of
$20,000.00 Dollars in anticipation
of the deferred payment of assess.
ments levied for such improve.
ment.
2. Such bonds shall be called
street improvemel\~ bonds; and
shall bear the date of January
14, 1971; and shall be numbered
consecutively; and they sball be
numbered, divided into series, and
be in such denominations and for
such maturity dates as are sbown
in the following table:
Series No.1, Bonds in Series 4,
Bond No. 1652-1655, Den. $500.00,
Maturity April I, 1971, Amount
$2.000.00.
Series No.2, Bonds in Series 4,
Bond No. 1656-1659, Den. $500.00,
Maturity April I, 1972, Amount
$2,000.00.
Series No.3, Bonds in Series 4,
Bond No. 1660-1663, Den. $500.00.
Maturity April I, 1973, Amount
$2,000.00.
Series No.4, Bonds in Series 4,
Bond No. 166<¡.1667, Den. $500.(0,
Maturity April 1, 1974, Amou.lt
$2,000.00.
Series No.5, Bonds in Series 4
Bond No. 1668-1671, Den. $500.00,
Maturity April 1, 1975, Amount
$2,000.00.
Series No.6, Bonds in Series 4,
Bond No. 1672-1675, Den. $5CO.00,
Maturity, April 1, 1976, Amount
$2,000.00.
Series No.7, Bonds in Series 4,
Bond No. 1676.1679, Den. $500.00,
Maturity April 1, 1977, Amount
$2,000.00.
Series No.8, Bonds in Series 4,
Bond No. 1680.1683, Den. $500.03,
Maturity, April 1, 1978, Amount
$2,000.00.
Series No.9, Bonds in Series 4.
Bond No. 1684-1687, Den. $500.00,
Maturity, April 1, 1979, Amount
$2,000.00.
Series No. 10, Bonds in Series 4,
Bond No. 1688.1691, Den. $500.00.
Maturity, April I, 1980, Amount
$2,000.00.
3. Said bonds shall bear interest
at the rate of seven per cent per
annum, payable semiannually in
accordance with coupons thereto
attached:
4. Said bonds shall not make the
City of Dubuque liable in any
way, except for the appllcation 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 shall be in sub-
stantially 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 hereinafter mentioned to the
bearer hereof, the sum of five
hundred dollars with interest
thereon at the rate of seven per
cent per annum. payable semian-
nually, on the presentation and
surrender of the interest coupons
hereto attached. Both principal
and interest of this bond are pay-
able 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 39ö
of the 1966 Code of Iowa, as
amended, and the Resolution of
said City duly passed on the four-
teenth day of December, 1970, be-
ing Resolution No. 395.70.
This Bond is one of a series of
forty bonds, all for $500.00 num.
bered from 1652 through 1691, all
)£ llke tenor and date, and issued
for the purpose of providing for
the payment of the assessed cost
of the construction of the City of
Dubuque 1970 Bituminous Con.
crete Paving Project No.1 as de-
scribed 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 llen on all of said
property. It is payable out of the
Special Assessment Fund 1284
created by the collection of said
special tax, and said fund can be
used for no other purpose.
It is hereby certified and recÜed
that all the acts, conditions and
things required to be done, pre-
cedent to and in issuing this series
of bonds, have been done, happen-
ed, and performed, in regular and
due form, as required by law and
said Resolution, and for the as-
sessment, collection and payment
hereon of said special tax, the full
faith and diligence of said City of
Dubuque 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 14th
day of December, 1970.
(SEAL)
Mayor
"""""""""""""""""""""""""""""
City Clerk
540
Special Session, December 14, 1970
(Form of Coupon)
On the ........ day of ................"....,
the City of Dubuque, Iowa, prom-
ises to pay to the bearer, as pro.
vided in said bond, the sum of
........................ Dollars, in the office
of the City Treasurer in tbe City
of Dubuque, being ............ months'
interest due that date on its ............
Bond No. ......"........ dated ...oO....."....
"""""""""""""""""""""'M~Ÿ~~""
........................"................................
City Clerk
6. That the Mayor and City
Clerk be and they are hereby in-
structed to cause said bonds to <be
prepared and wben so prepared to
execute said bonds and that the
City Clerk be and be is bereby
instructed to register said bonds
in a book kept for tbat purpose
and to then deliver tbem 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 piaccd in a special fund to be
known as Special Assessment Fund
1284 and paid out by him to pay
the cost of said contract.
8. That the interest coupons at.
tached to tbe bonds be signed with
the facsimtie signature of the May-
or and countersigned with the fac.
simtle signature of tbe City Clerk.
9. That as fast as funds allow,
beginning witb the second year
after tbe payment of interest due,
the City Treasurer is directed to
"all these bonds in tbe same order
as numMred.
10. Notice of election to call
these bonds shall be given by regu-
lar Untted States roail addressed
to the last known address of the
purchaser.
Passed, adopted and approved
this fourteenth day of December,
1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenbauer
Gaylord M. Couchman
Joseph J. Bitter
Councilroen
Attest:
Leo F. Frommelt
City Clerk
Special Session, December 14, 1970
lí4i
Mayor Meyers moved adoption
of the resolution. Seconded by
Councilman Bitter. Carried by the
followiug vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
RESOLUTION No. 396.70
APPROVING OFFICIAL BUD-
GET REPORT OF MUNCIPAU-
IT FOR MUNICIPAL STREETS
AND PARKING FOR 1971.
WHEREAS, an official <budget
report of the City of Dubuque for
Municipal Streets and Parking for
the year beginning January 1, 1971
and ending December 31, 1971, bas
been duly prepared in accordance
witb Chapter 312, Road Use Tax
Fund, Code of Iowa 1966, and sub-
mitted to this Council for appro-
val, and
WHEREAS, this Council bas e¡<a-
mtned the "Offieial Budget Report
of the City of Dubuque, Iowa for
Municipal Street.<¡ and Parking
from January I, 1971 to Decerober
31, 1971" wherein the distribution
of receipts and expenditures are
shown.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the Official Budget Report
of the City of Dubuque for Munici-
pal Streets and Parking for the
year beginning January I, 1971 and
ending Decem<ber 31, 1971 be and
the same is here<bY approved.
Passed, adopted and approved
this 14th day of Decerober, 1970.
Donald R. Meyers
Mayor
Wolter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Joseph J. Bitter
Councilroen
To the Honorable Mayor
and City Council
This is to advise you that the
City of Dubuque 1970 Concrete
Curb & Gutter Project No. I has
been completed in accordance with
the City of Dubuque plans and
specifications.
I, therefore, recomend the ac'
ceptance of the above named pro-
ject.
Respectfully submitted,
Giibert D. Chavenelle
City Manager
Counciiman Bitter moved that
the communication be received and
filed. Seconded by Councilroan
Pregler. Carried by the following
vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
FINAL ESTIMATE
RESOLUTION No. 397.70
WHEREAS, the contract for the
City of Dubuque 1970 Concrete
Curb & Gutter Project No. I:
1. Locust Street from the S.P.L.
of Fourth Street to the S.P.L. of
Eighth Street.
2. Pennsylvania Avenue from the
W.P.L. of Lot 2-1.E'h-S.W'h-Sec-
tion 21-T98N..R.2E. westerly to the
corporation limits.
bas been completed and the City
Engineer has submttted his final
estimate showing the cost thereof
including the cost of estimates, no-
tices, inspection, and preparing the
assesment and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said iroprove-
ment is hereby determined to be
$82,308.69.
That $6,428.40 of the cost there-
of shall be assessable upon private
property and $75,880.29 sball be
paid from the $$11,760.45 0302-
0363 Fund, $23,165.48 0302-0502
Fund, $13,979.97 0302-0352 Fund,
$3,199.00 0701-0401 Fund, $23,775.
39 0302-0338 Fund, of the City of
Dubuque.
Passed, adopted and approved
this 14th day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Attest:
Leo F. Frommelt
City Clerk
Counciiman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried by
the following vote:
Yeas - Hayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Gaylord M. Couchman
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilroan Couchman. Carried
by the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, MoWen-
hauer, Pregler.
Nays-None.
(A Resolution Accepting Improve-
ment and Directing the Clerk to
Publish Notice.)
RESOLUTION No. 398.70
WHEREAS, the contract for the
City of Dubuque 1970 Concrete
Curb & Gutter Project No.1:
1. Locust Street from the S.P.L.
of Fourth Street to the S.P.L. of
Eighth Street.
2. Pennsylvania Avenue from the
W.P.L. of Lot 2.1-E'h-S.W¥4.Sec-
tion 21-T.69N.IR.2E. westerly to the
corporation limits.
bas been completed and the City
Manager has examined the work
and filed his certificate stating
that the same bas 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 be and the same
is bereÞy 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
sucb plat and schedule publisb tbe
notice of the Council's intention to
levy special assessments therefor,
as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer M and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of street
improvement bonds issued upon
the Move described improvement
in amount equal to the amount of
542
Special Session, December 14, 1970
his contract, less any retained per-
centage provided for therein.
Passed, adopted and approved
this 14th day of December, 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.
To the Honorable Mayor
and City Council
This is to advise you that the
City of Dubuque 1970 Hot Mix-Hot
Laid Asphaltic Concrete Paving
Project No.1 has been completed
in accordance with the City of Du-
buque plans and specifications.
I, therefore, recommend the ac-
ceptance of the above named pro-
ject.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved that
the communication be received and
filed. Szconded by Mayor Meyers.
Carried by tbe following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
FINAL ESTIMATE
RESOLUTION No, 399.70
WHEREAS, the contract for the
CITY OF DUBUQUE 1970 HOT
MIX-HOT LAID ASPHALTIC CON-
CRETE PAVING PROJECT No.1.
1. Asbury Road, Maintenanee patch-
ing near Woodlawn Intersection.
2. Central Avenue, from the N.P.L.
of Ninth Street to the N.P.L. of
Lot 2 of Lot 2 of Mineral Lot 363.
3. South Grendview Avenue, S.P.L.
of Kerrigan Road to the south end
of the street.
4. John F. Kennedy Road, from the
N.P.L. of Pennsylvania Avenue to
the S.P.L. of Asbury Road.
5. Locust Street, from the N.P.L. of
4th Street to the N.P.L. of 8th
Street.
6. Ninth Street, from the E.P.L. of
Locust Street to the E.P.L. of
Main Street.
7. Pennsylvania Avenue, from the
W.P.L. of Lot 2-1-E.'A:-S.W.¥4.Sec-
tion 21-T.89 N. R. 2E. westerly to
the Corporation Limits.
8. Pennslyvania Avenue, Street
reconstruction near Westridge
Drive.
9. Rhomberg Avenue, from the
N.P.L. of Marshall Street to Wis-
consin Bridge.
10. Shiras Avenue, Replacement
west of Rbomberg Avenue Inter-
section.
11. White Streat, from the N.P.L.
of 4th Street to the N.P.L. of 10th
Street.
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates,
notices, inspection, and preparing
the assesment and plat, now there-
fore,
BE IT RESOLVED, by the City
of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$313,694.39.
That $88,257.09 of the cost there-
of shall be assessable upon private
property and $225,437.30 shall be
paid from the $121,854.71 0302-
0501 Fund, $25,020.85 0302-0363
Fund, $8,652.13 0302-0361 Fund,
$69,909.61 State Hwy. Refund of
the City of Dubuque.
Passed, adopted and approved
this 14th day of December, 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.
Special Session, December 14, 1970
543
(A Resolution, Accepting Improve.
ment and Directing the Clerk to
Publish Notica.)
RESOLUTION No. 400.70
WHEREAS, the contract for the
City of Dubuque 1970 Hot Mix-Hot
Laid Asphaltic Concrete Paving
Project No.1.
1. Asbury Road, Maintenance patch.
ing near Woodlawn Intersection.
2. Central Avanue, from the N.P.L.
of Ninth Street to tbe N.P.L. of
Lot 2 of Lot of Mineral Lot 363.
3. South Grandview Avenue, S.P.L.
of Kerri^a" Road to the south end
cf the street. ",~
4. John F. Kennedy Road, from the
N.P.L. of Pennsylvania Avenue to
the S.P.L. of Asbury Road.
5. Locust Street, from the N.P.L.
of 4th Street to the N.P.L. of 8th
Street.
6. Ninth Street, from the E.P.L. of
Locust Street to the E.P.L. of Main
Street.
7. Pennsylvania Avenua, from the
W.P.L. of Lot 2-1-E.'A:-S.W.¥4-Sec-
tion 21.T.89 N. R. 2E. westerly to '
the Corporation Limits. I
8. Pennsylvania Avenue, Street re-
construction near Westridge Drive.
9. Rhomberg Avenue, from the
N.P.L. of Marshall Street to Wis-
consin Bridge.
10. Shiras Avenue, Repiacement
west of Rhomberg Avenue Intersec-
tion.
11. White Street, from the N.P.L,
of 4th Street to the N.P.L. of 10th
Street.
has been completed and the City
Manager bas examined the work
and filed bis certificate stating that
the same has been completed ac-
cording 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 be and the same
is hereby accepted and the City
Engineer be and is hereby direct-
ed 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 inten-
tion to levy special assessments
therefor, as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is here<bY directed to pay 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 14th day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Josepb J. Bitter
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.
Resolution and Application for
Transfer of Emeroencv Fund
RESOLUTION NO. 401.70
WHEREAS, there now is in the
hands of the treasurer of Du.
buque, Dubuque County, Iowa, the
sum of $93,036.97, credited to the
Emergency Fund thereof; and
WHEREAS, an emergency bas
arisen which requires the expen-
diture of $93,036.97, said emer-
gency being of the following char-
acter: To meet the actual and nec-
essary expenditures in the Public
Safety Fund as requested in our
Emergency Levy Resolution of
August 18, 1969; and
WHEREAS, the revenue in the
Public Safety Fund is insufficient
to meet its estimated actual ánd
necessary expenses for the cur-
rent fiscal year and the emergen-
cy referred to; therefore, be it
RESOLVED <by the City Coun-
cil of Dubuque, Dubuque County,
Iowa, that $93,036.97 of the funds
in the Emergency Fund be trans.
ferred permanently to the Public
Safety Fund of said municipality;
subject to the approval of the
lillm ¡
s.4
Special Session, December 14, 1970
Special Session, December 14, 1970
545
State Comptroller when llUcb ap- !
proval Is requested by a two-thlrds
vote of the governing body of said
muntclpallty, to be expended in
accordance with the provisions of
Section 24.6, Code of Iowa.
Tbe City Auditor of said munici-
pality, upon receipt of approval
<by the State Comptroller, Is dl.
rected to correct his books accord-
Ingly and to notify the treasurer
of the transfer, accompanying tbe
notification with a copy of this
resolution and the record of its
adoption.
(presiding Officer)
Dowel R. Meyers, Mayor
(Secretarial Officer)
Leo F. Frommelt, City Clerk
The foregotng rellOlution was
adopted by the CIty Council of
Dubuque, Dubuque County, Iowa,
at a special meeting of the same
on the 14tb day of December, A.D.
1970.
The vote thereon was as fol1ows:
Ayes - Donald R. Meyers, Ma-
yor, Joseph J. Bitter, Gaylord M.
Couchman, Wayne A. Moldenhau-
er, Walter A. Pregler, Council.
men.
Nays-None.
APPROVAL
The above application and reso-
lution having been flIed with the
State Comptrol1er, the transfer re-
quested is approved this 21st day
of December, 1970.
Maurice E. Baringer
By Francis R. Larew
Chairman State Appeal Board
Councilman Bitter moved adop-
tion of tbe resolution. Seconded
by Mayor Meyers. Carried hy the
fol1owmg vote:
Yeas - Mayor Meyers, Coun.
cilmen Bitter, Couchman, Molden--
hauer, Pregler.
Nays-NoDe.
RESOLUTION AND APPLICA-
TION FOR APPROVAL Of TKE
PERMANENT TRANSFER OF
FUNDS
Resolutlool No. 402-70
WHEREAS, there Is now In the
bands of the treasurer the SUm
of $76,046.00, credited to the Gen-
eral-Lend Sales fed, and
WHEREAS, tbere Is now In the
hands of the treasurer tbe sum of
$..-...-....-.......-, credited to the
..............................................fund, and
WHEREAS, it is desired to
transfer $76,046.00 from the Gen-
eral-Land Sales Fund to the Pro-
ject Expenditures - Iowa R-15
Fund, for the following reasons:
Cash payment due to the Proj-
ect in 1970 and
WHEREAS, said transfer is to
be permanent in accordance with
Section 24.22, Code of Iowa, and
WHEREAS, there is sufficient
money in the General-Land Sales
fund to meet all demands thereon,
and
WHEREAS, all laws relating to
municipalities have been complied
with,
NOW THEREFORE, be it re-
solved by the City Council of City
of Dubuque County, Iowa, subject
to the approval of tbe State Ap.
peal Board, that said sum of $76,-
046.00 <be, and tbe same is hereby
transferred from the General-Land
Sales fund to the Project Expendi-
tures-Iowa R-15 fund, and the Aud.
itor Is directed to correct his
books accordingly and to notify
the treasurer of this transfer, ac-
companying tbe notification with
a copy of this resolution and the
record of its adoption. The vote
thereon was as follows:
Ayes-Donald R. Meyers, Mayor,
Josepb J. Bitter, Gaylord M.
Couchman, Wayne A. Moldenhau-
er, Walter A. Pregler, Council-
men.
Nays-None.
Donald R. Meyers
Mayor
Leo F. Frommelt,
City Clerk
I hereby certify the above to be
a true and correct copy of resolu-
tion passed by the City Council on
tbe 14th day of December, A.D.
1970.
Councilman Pregler. Carried by
the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
RESOLUTION NO. 403-70
WHEREAS, Thomas Frederick
Ehrlich and Roslyn Ehrlich, hus.
band and wife, have conveyed tbe
following described real estate
Lot 2 of the Subdivision of
Lot 2 of the East One-Half of
the Southwest One-Quarter;
Section Section 21, Township
89 North, Range 2 East of the
5th P.M., according to the rec-
orded plat thereof
to tbe City of Dubuque, Iowa.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Sactlon 1. That tbe delivery of
the Quit Claim Deed, dated Octo.
ber 16, 1970, executed by Thomas
Frederick Ehrlich and Roslyn Ehr.
lich, busband and wife, conveying
to tbe City of Du<buque, Iowa tbe
above described real estate be and
the same is hereby accepted.
Section 2. That tbe City Clerk
<be and be is hereby authorized
aDd directed to record said Quit
Claim Deed in the office of tbe
Dubuque County Recorder.
Passed, approved and adopted
this 14th day of December 1970.
Donald R. Meyers
Mayor
Waller A. Pregler
Wayne A. Moldenhauer
Gaylord M. Coucbman
Joseph J. Bitter
Councilmen
Leo F. Frommelt,
City Clerk
APPROVAL
The above application and reso-
lution having been filed with tbe
State Appeal Board, tbe transfer
requested is approved this 21 day
of Dec., 1970.
Maurice E. Baringer
Chairman State Appeal Board
by Francis R. Larew
Councilman Bitter mowd adop-
tion to the resOlutioD. Seconded by
Attest:
Leo F. Frommelt,
City Clerk
Councilman Bitter moved adop-
tion <>f 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. 404-70
A Resolution Annexing Certain
Territory to tbe City of Dubu-
que, Iowa.
WHEREAS, Tb~ City of Dubu-
qne, Iowa, is the owner of the fol.
lowing described territory adjoin.
ing the City of Dubuque, Iowa, to-
wit:
A parcel of land being a part of
Lot 1 of Subdivision of Lot 1 of
the Northeast Fractional Quarter
of the Northwest Quarter of Sec-
tion 6, Township 88 North, Range
3 East of the Fifth Principal Medi-
dian, near Dubuque, Iowa, more
particularly described as follows:
Beginning at a point on the west
line of said Lot at a point which is
50 feet northerly of the lllinois
Central Railroad Company's center-
line of main track, as measured at
a right angle thereto;
tbence easterly paraUel with and
50 feet nortberly from said center-
line a distance of 718.95 feet, as
measured along said centerline to
the east line of said Lot;
thence northerly along said Lot
line to the south line of easement
granted by the illinois Central
Railroad Company to Dubuque
County dated February 2, 1948;
thence westerly along said south
line of roadway easement to the
west line of said Lot;
thence soutb along said west Lot
line to the point of Mginning.
Lot 2-1 of N.E. ¥4 of N.W. Vo of
Sec. 6 T88N R3E of 5 P.M.
Lot 1-2-1 of N.W. Vo of N.E. Vo
of Sec. 6 T88N R3E of 5 P.M.
Conlaiulng 29.3 acres, aU in Du-
buque County, State of Iowa.
WHEREAS, The owners of the
hereinabove described territory
have made written application to
the City Couneil of Dubuque, Iowa,
to annex the hereinabove described
territory: and
WHEREAS, Said territory is <be-
ing built up and the inhabitants
thereof will be enabled to secure
the benefit of the City Government
by way of police and fire protec-
tion. and in addition thereto other
benefits if said territory is incor-
porated witbin the City Limits of
the City of Dubuque, Iowa, and
WHEREAS, Section 362.30 of the
1952 Code of Iowa authorizes the
extension of City Limits in situa.
tions of this character by the adop-
tion of a resolution therefor.
Now, therefore, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF' DUBUQUE,
IOWA:
546
Special Session, December 14, 1970
Special Session, December 14, 1970
547
Section 1. That the territorial Ii.
mits of the City of Dubuque, Iowa
are hereby extended by annexing
to the City of Dubuque the foliow-
ing described territory:
A parcel of land b.ing a part of
Lot 1 of Subdivision of Lot 1 of
the Northeast Fractional Quarter
of the Northwest Quarter of Sec-
tion 6, Township 88 North, Range
3 East of the Fifth Principai Meri.
dian, near Dubuque, Iowa, more
particularly described as follows:
Beginning at a point on the west
line of said Lot at a point which
is 50 feet northerly of the minois
Central Railroad Company's cen-
terline of main track, as measured
as a right angle thereto;
thence easterly paraliel with and
50 feet northerly from said center-
line a di;tance of 718.95 feet, as
measured along said centerline to
the e33t line of said Lot;
thence northeriy along said Lot
line to the south line of easement
granted by the lliinois Central
Railroad Company to Dubuque
County dated February 2, 1948;
thence westerly along said south
line of roadwav easement to the
west line of said Lot;
thence south along said west Lot
line to the point of beginntng.
Lot 2-1 of N.E. Y. of N.W. Y. of
Sec. 6 T88N R3E of 5 P.M.
Lot 1.2-1 of N.W. ¥4 of N,E. Y.
of Sec. 6 T88N R3E of 5 P.M.
ContaiIring 293 acres, all in Du-
buque County, State of 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 14th day of December, 1970 by
unanimous roli call vote.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
I hereby certify that the plat at-
tached hereto and made a part
hereof <by this reference marked
Exhibit "A" is a true and correct
plat of the property contiguous to
the City of Dubuque, Iowa, out-
lined in Red and described as fol-
lows:
A parcel of land being a part of
Lot 1 of Subdivision of Lot I of
the Northeast Fractional Quar-
ter of the Northwest Quarter of
Section 6, Township 88 North,
Range 3 East of the Fifth Princi-
pal Meridian, near Dubuque,
Iowa, more particularly desCrIb-
ed as foliows:
Beginning at a point on the west
line of said Lot as a point which
is 50 feet northerly of the illi-
nois Central Railroad Company's
centerline of main track, as mea-
sured at a right angle thereto;
thence easterly paraliel with and
50 feet northerly from said cen-
terline a distance of 718.95 feet,
as measured along said center-
line to the east line of said Lot;
thence northerly along said Lot
line to the south line of ease-
ment granted by the lliinois Cen-
tral Railroad Company to Dubu-
que County dated February 2,
1948;
thence westerly along said soutb
line of roadway easement to the
west line of said Lot;
thence south along said west Lot
line to the point of beginning.
Lot 2-1 of N.E. ¥4 of N.W. Y. of
Sec. 6 T88N R3E of 5 P.M.
Lot 1-2-1 of N.W. Y. of N.E. ¥4 of
Sec. 6 T88N R3E of 5 P.M.
Containing 29.3 acres, all in Du-
buque County, State of Iowa.
John L. White, P.E. City Engineer
Licensed Professional Civil Engi-
neer & Land SUrYeyor
State of Iowa)
County of Dubuque) ss:
On this 14th day of Decem<ber,
A.D., 1970 before me a Notary
Pubiic in and for Dubuque, Coun-
ty, Iowa personaliy appeared
John L. White, City Engineer
to me known to M the identical
person named in and wbo executed
the foregoing instrument, and ac-
knowledged that be executed the
same as his voluntary act and
deed.
Eugene J. Berens
Notary Public in and for said Coun-
ty
Councilman Bitter. Carried by the
foliowing vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays - None.
RESOLUTION NO. 405-70
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 foliowing applica.
tions be granted and licenses be
issued upon the compliance with
the terms of the ordinances of the
City.
CLASS "B" BEER PERMIT
Shirley Mihalakis, 574 East 16th
Street
William J. Baum, 1121 University
Avenue
Passed, adopted and approved
this 14th day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Meyers moved adoption
of the resolution. Seconded by
Councilman Couchman. Carried by
the foliowing vote:
Yeas - Hayor Meyers, Coun.
cilmen Bitter, Couchman, Molden-
bauer, Pregler.
Nays-None.
RESOLUTION NO. 406-70
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
council; and
WHEREAS, tbe premises to be
occupied by such applicants were
inspected and found to comply
with tbe 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
Shirley Mihalakis, 574 East 16th
Street
Councilman Pregler moved adop.-
tion of the resolution. Seconded by
William J. Baum, 1121 University
Avenue
BE IT FURTHER RESOLVED
that the bonds filed with the ap.-
plication be and the same are
hereby approved.
Passed, adopted and approved
this 14th day of December, 1970.
Donald R. Meyers
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Meyers moved adoption
of the resolution. Seconded by
Councilman Couchman. Carried by
;he following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
RESOLUTION NO. 4U7.70
WHEREAS, applications for Liq-
uor Permits have been submitted
to this Council for approval and
,he same have been examined.
NOW THEREFORE Be It Re-
solved by the City Council of the
City of Dubuque, Iowa, that the
following applications be granted
and licenses issued upon the com-
pliance with the terms of the
IOWA LIQUOR CONTROL ACT-
CHAPTER 123-as amended by the
60th General Assembly, 1963.
CLASS "C" COMMERCIAL
ESTABLISHMENT
Shirley Mihalakis, 574 East 16th
Street
Passed, adopted and approved
this 14th day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Meyers moved adoption
of the resolution. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
548
Special Session, December 14, 1970
RESOLUTION NO. 408-70
WHEREAS, applications for Liq-
uor pennits were filed by tbe with-
in named applicants and they have
received the approval of this Coun-
cil, and
WHEREAS, the premises to ,be
occupied by sucb applicants were
inspected and found to comply
with the State Law and all City
ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE Be It Re-
solved by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicants a Liquor Pennil.
CLASS "C" COMMERCIAL
ESTABLISHMENT
Shirley Mihalakis, 574 East 16th
Street
Passed, adopted and approved
this 14tb day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Josepb J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Meyers moved adoption
of the resolution. Seconded by
Councilman Couchman. Carried ,by
the following vote:
Yeas - Mayor Meyers, Coun.
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Councilman Bitter moved tbat
tbe City Attorney he autborized
to institute legal action, if neces-
sary, to enforce agreements ,be-
tween tbe Milwaukee and Chicago
Great Western (now Chicago
Northwestern) as to the operation
and maintenance of railroad sig-
nals. Seconded by Councilman
Pregler. Carried by tbe following
vote:
Yeas - Mayor Meyers, Coun-
cllmen Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
There being no further ,business
Councilman Bitter moved to ad-
journ. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
Leo F. Frommelt
City Clerk
Approved .............-.............-......1971
Adopted .........-...........................1971
..........................................................
......................-..................................
"""""""""""""""""""""""""-"
..........................................................
..........................................................
Councilmen
Attest """""""'Ciï;"c¡;;:¡;"""""'"
Special Session, December 29, 1970
549
CITY COUNCIL
OFFICIAL
Special Session, December 29,
1970.
Council met at 7:30 P.M. C.S.T.
Present-Mayor Meyers, Cou...
cilmen Bitter, Couchman, Molden.
hauer, Pregler. City Manager Gil.
bert D. Chavenelle.
Mayor Meyers read the call and
stated that serYice thereof had
been duly made and this meeting
is called for the purpose OF AU.
THORIZING THE CITY MANAG-
ER TO FILE WITH THE FED-
ERAL WATER QUALITY ADMIN.
ISTRATION A GRANT TO AID
IN THE CONSTRUCTION OF THE
CENTER GROVE VALLEY AND
SOUTH DUBUQUE SANITARY
INTERCEPTOR SEWERS and act.
ing upon such other business as
may properly come before a regu-
lar meeting of the City Council.
December 24, 1970
To the Honorable Mayor
and City Council
We are herewith submitting for
your consideration resolutions au-
thorizing the filing of applications
with the Federal Water Quality
Administration, Department of the
Interior, for a Grant under the
Water Pollution Control Act for
the construction of two sanitary
interceptor sewers. Through these
applications we are requesting an
80% Federal-State grant for the
project costs involved in eacb
sewer.
The Center Grove Valley inter-
ceptor Sewer is located approxi-
mately parallel to the middle fork
of the Catfish Creek and extends
in a general northwesterly direc-
tion to the area of the develop.
ment around Highway 20. We have
prepared for your review a com-
prehensive report detailing all I
facets of the development of tbe
project. The estimated total cost
of the project is $367,609.00. The
Federal-State portion w 0 u I d
amount to $288,800.00. The bal-
ance, $78,809.00, would be flnanc.
ed through the 1971 Budget, San.
itation Sewage Rental Fund.
We are also presenting for your
consideration a resolution author.
izing the application for a Federal-
State Grant on the project for the
South Dubuque Santtary intercep-
tor Sewer. This will be located in
tbe area of the South Fork of
the Catfish Creek and will serve
the Key West area and southwest-
erly sections of the City. immedi-
ately after construction, this sewer
would serYe the Table Mound and
Tower Investment developments.
The Developers of these areas will
pay the full cost of desigo, prepar.
ation of necessary reports and ap-
plications, construction plans and
bid documents required for this
sewer. At this time cost estimates
and detailed desigo locations are
being made. Should an 80% Fed-
eral-State Grant be approved for
the project, the developers will
finance the unpaid costs of the
sewer. A full design report will
be made available to you upon
completion by the consulting Engi-
neer.
Sincerely,
GilMrt D. Chavenelle,
City Manager
Councilman Bitter moved that
the communication he received
and filed. Seconded by Council-
man Couchman. Carried by the fol-
lowing vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
RESOLUTION OF GOVERNING
BODY OF APPLICANT
RESOLUTION NO. 409.70
Resolution authorizing filing of
application with tbe Federal Water
Quality Administration, Depart-
ment of Interior, Untted 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.) tbe United
States of America has authorized
the making of Grants to authoriz-
ed applicants to aid in the con-
struction of specific public proj-
ect:
NOW, THEREFORE, Be it re-
solved by City Council, City of
Dubuque, Iowa
1. That Gilbert D. Chavenelle,
City Manager, be and is hereby au-
thorized to execute and file an ap-
plication on bebaU of City of Du-
huqne, Iowa with the Federal Wat-
er Quality Admintstration, Untted
550
Special Session, December 29, 1970
States Government, for a grant to
aid in the construction of Center
Grove Valley Sanitary Interceptor
Sewer.
2. Tbat Gilbert D. Chavenelle,
City Manager be and he is hereby
authorized and directed to fur-
nish sucb information as the Fed-
eral Water Quality Administration
may reasonably request in connec-
tion with the application which is
herein authorized to be filed, and
sign all necessary documents.
CERTIFICATE OF RECORDING
OFFICER
The undersigued duly qualified
and acting City Clerk of the City
of Dubuque, Iowa does hereby cer.
tify:
That the attached resolution is
a true and correct copy of the
resolution authorizing the filing
of application with the Federal
Water Quality Administration, as
regularly adopted at a legally con-
vened meeting of the City Council
City of Dubuque duly held on the
29th day of December, 1970: and
further that such resolution has
been fn11y recorded in the journal
of proceedings and records in my
office.
IN WITNESS WHEREOF, I have
hereunto set my hand this 29th
day of December 1970.
Leo F. Frommelt,
City Clerk, City of Dubuque, Iowa
Councilman Bitter moved adop.
tion of the resolution. Seconded
by Councilman Pregler. Carried by
tbe following vote:
Yeas - Mayor Meyers, Council.
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
RESOLUTION OF GOVERNING
BODY OF APPLICANT
RESOLUTION No. 410.70
Resolution authorizing filing of
application with the Federal Wa.
ter 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 of City of
Dubuque, Iowa
1. That Gilbert D. Chavenelle be
and he is hereby authorized to exe-
cute and file an application on be.
half of City of Dubuque, Iowa with
the Federal Water Quality Admin-
istration, United States Govern-
ment, for a grant to aid in the
construction of South Dubuque In-
terceptor Sanitary Sewer.
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 cer.
tify:
That the attached resolution is
a true and correct copy of tbe re-
solution authorizing the filing of
application with the Federal Water
Quality Administration, as regular-
ly adopted at a legally convened
meeting of the City Council of the
City of Dubuque, Iowa duly held
on the 29th day of December, 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 29th day
of December, 1970.
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.
ORDINANCE NO. 68.70
An Ordinance establishing a
grade on Pennsylvania Avenue
for a distance of 2,772 feet from
the west property line of Key
Knolls Subdivision to tha City
of Dubuque westarly Corpora.
tion limit, presented and read.
Councilman Couchman moved
Special Session, December 29, 1970
551
that the reading just bad be con-
sidered the first reading of the
Ordinance. Seconded by Mayor
Meyers. Carried by the following
vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
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 fol-
lowing vote:
Yeas - Mayor Meyers, Coun.
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
An
Y~n"
þ,ope
r~'~~ .
BE IT OoDAINEO BY THE CITY
COUNCIL OF THE CITY OF
OUBUQUE,
:nd-"V;'ng no,
v'tlnn of 96O,
94-'-00 w",ch "
n,," ,'d '°'
""', !'-n"
" the P,T. of - ---
",th ,,"b elmllon of ,
on , 525% ",de to ,t .. -
" Int"'edlon of oo<em",t
"nt.,line elev,U", of 'M '0,
on , 5.2'% ."de to ,t.tlnn
which I' P.C. of , 200' V.,tI.
'",th end
", then"
to .t,tlon ,T. no'"
end ",th wb elev,Uon of "'.95,
then" on , 1.10% "'de to the w.
p",tlon limit. ".tI-, 110-'-'" no'th
'nd ",th wb elev,IIon of "'".
Se't'o, 2. T"" "dl,""e 'h.II be In
f..11 f"" ,nd effect Im"'.d"folv "'"
It, f',"1 P""" ,od ,dopllon 'nd
p"bli,'II," " ',"vlded bv I'w.
P""d, ,doo"d eod """wed thl,
29th d,. of O",mb.,. 1970.
O",ld o. Mem'
MAYOR
P"""
Moldenh'""
C'",hm'n
Blff"
MEN
Afte",
Leo F. F,ommelt
City CI,,'
P,bli'hod oftkl'II. In The Telemph--
"",'d New,p,p., thl, 4th d,. of
J,"""", 1971.
Leo F. F"mmelt
City Cle'"
If. 1/4
Councilman Couchman moved
final adoption of the Ordinance.
Seconded by Mayor Meyers. Car-
ried by the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
December 21, 1970
Honorable Mayor and
Council Members
The City Planning and Zoning
Commission has reviewed the final
plat of Block No.1; Lots 1 tbrough
21 in Block No.2: Lots 1 througb
13 and Lots 41 through 50 in
Block No.3: and Lot A, all in
Sunset Park Subdivision No.3, in
the City of Dubuque, Iowa.
The Commis,ion has found that
the plat conforms to the proposed
plat for this area and meets the
minimum requirements of the
subdivision ordinance.
It is the recommendation of the
Commission tbat the plats be ap-
proved.
Respectfully submitted,
CITY PLANNING AND
ZONING COMMISSION
Don Gilson
City Planner
Mayor Meyers moved that the
communication be received and
filed. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas - Mayor Meyers, Coun'"
cilmen Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
RESOLUTION No. 411.70
RESOLUTION APPROVING THE
PLAT OF BLOCK No. I: LOTS 1-
21 INC, OF BLOCK No.2: LOTS 1-
13 INC. & LOTS 41.50 INC. IN
BLOCK No.3: ALL IN SUNSET
PARK SUBDIVISION No.3, IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed
with the City Clerk a plat in which:
Lot 2 of 1 of 1 of the East One-
Half of the South West One
Quarter of Section 21, Township
552
Special Session, December 29, 1970
89 North, Range 2 East of the 5th
Principal Meridian in the City
of Dubuque, Iowa,
is platted as
Block No. I; Lots 1-21 inc!. of
Block No.2; Lots 1-13 inc. and
Lots 41-60 inc!. of Block No.3;
Lot A, all in Sunset Park Sui>-
division No.3 in tbe City of Du-
buque, Iowa,
by Schiltz Development Corpora.
tion as Ownor thereof; and
Whereas said plat bas been exa-
mined by the City Planning and
Zoning Commission and approved
by said body; and
Whereas upon said plat appears
streets to be known as Hillcrest
Road, Ellen Street, and Winnie
Court, and also easements for pui>-
lie utilities wbich the Owner npon
said plat has dedicated to the pui>-
lic forever; and
Whereas said plat has been
found by the City Council to con-
form to the Statutes and Ordinan-
ces relating thereto except that the
streets have not been reduced to
grade or paving, sewer, water or
sidewalks installed tberein;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Soction I. That the dedication of
Hillcrest Road, Ellen Street, and
Winnie Court, together with the
easements for public utilities all
as the same appears upon said plat;
be and tbe same are hereby accept-
ed and that said streets be and are
hereby established as public streets
in the City of Dubuque;
Section 2. That tbe plat of Lot
2 of I of I of tbe East One-Half
of tbe South West One Quarter of
Section 21, Township 89 North,
Range 2 East of tbe 5th Principal
Meridian in the City of Dnbuque,
Iowa, and wbich will bereafter be
known as Block No. I; Lots 1-21
inc!. Block No.2; Lots 1-13 lne!.
and Lots 41-60 inc!. Block No.3;
and Lot A of Sunset Park Subdi-
vision No.3 in the City of Dubu-
que, Iowa, is hereby approved and
the Mayor and City Clerk are here-
by authorized and directed to en-
dorse the approval of tbe City of
Dubuque upon said plat providing
the Owner of said property, here-
inbefore named, executes written
acceptance hereto attached, agree.
ing:
a. To reduce Hillcrest Road, El-
len Street and Winnie Court
to grade as shown by the pro-
files submitted with the plat.
b. To surface Hillcrest Road, El-
len Street and Winnie Court
for a width of 30 feet with 6"
Portland Cement Concrete
Pavement with integral curb
and gutter. Ail of the forego-
ing shall be constructed ac.
cording to the latest City of
Dubuque specifications.
c. To install sidewalks on both
sides of Hillcrest Road, Ellen
Street East and Winnie Court
in accordance witb the City
of Dubuque Standard Specifi-
cations for Permanent Side-
mIlks.
d. To install water mains in ac-
cordance with plans submitted
with this plat.
e. To install santtary sewers in
accordance with plans sub-
mitted with this plat.
f. To install the sanitary sewer
and water house laterals for
eacb lot to Mhlnd the pro-
perty line.
g. To construct the foregoing
improvements in accordance
with plans and specifications
approved by the City Manager
and under the inspection of
the City Engineer.
h. To maintain all street im-
provements and sewer and wa.
ter mains for a period of four
(4) years from the date of its
acceptance.
ì. To construct said improve-
ments prior to November 30,
1972.
j. To provide tbe foregoing con.
struction and maintenance at
the expense of the Owner.
and further provided that the
Schilt'< Development Corporation
as Owner of said Subdivision se-
cure the performance of the fore-
going conditions by providing se-
curity in such sums and with such
sureties as may be acceptable to
the City Manager.
Section 3. That in the event
Schiltz Development Corporation
shall fail to execute the acceptance
and provide security provided for
in Section 2 hereof within forty.
five (45) days from the date of this
Special Session, December 29, 1970
553
Resolution the provisions hereof
shall be null and void and the ac.
ceptance of tbe dedication and ap-
proval of the plat shall not be ef-
fective.
Passed, adopted and approved
by recorded roll call vote this 29th
day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Coucbman
Josepb J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
To Leo F. Frommelt, City Clerk:
This Is to certify that the se.
curity reqnired for the foregoing
Resolution 411-70 bas ,been pro-
vided by tbe Owner.
Dubuque, Iowa, 19.....
Isf Gilbert D. Cbavenelle
City Manager
ACCEPTANCE OF
RESOLUTION NO. 411.70
Schiltz Development Corpora-
tion having read the terms and
conditioms of the foregoing Reso.
lution 411-70 and being familiar
with tbe contents thereof, bereby
accepts tbe same and agrees to
perform the conditions therein re-
quired.
Scbiltz Development Corporation
Isf J. G. Schiltz
President
Isf L. J. Schiltz
Secretary
Dated December 30, 1970.
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Councilman Couchman. Carried
by the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
RESOLUTION NO. 412.70
Authorizing tho Publication of
Notlco of 5alo of ProJect Notes
(Flrsl Series 1971) and the Re-
ceiving of Proposals for the Sale
of Said Notes for tho Downtown
Urban Renewal ProJect, Iowa
R.15.
WHEREAS, under date of July
26, 1967, the City of Dubuque en-
tered into a Loan and Capital
Grant Contract for the undertak-
ing of the Downtown Urban Re-
newal Project, Iowa R-15; and
WHEREAS, under date of April
7, 1969, the Council of tbe City of
Dubuque adopted Resolution No.
87-69 authorizing to ,be issued,
from time to time, Project Notes
in connection witb the Downtown
Urban Renewal Project, Iowa R-
15, in an aggregate principal
amount outstanding at anyone
time of not to exceed 58,624,313;
and
WHEREAS, under date of Sep-
tember 21, 1970, the Council of
the City of Dubuque authorized
the issuance and sale of its Proj.
ect Notes In the aggregate prin-
cipal amount of $3,265,000 to fi-
nance certain undertakings in
connection with the Downtown
Urban Renewal Project, Iowa R-
15; and
WHEREAS, in order to refi-
nance a portion of the outstanding
Project Notes. It is neces..ry for
the City of Dubuque to sell Proj-
ect Notes (FIrst Series 1971) to-
taling $3,082,000; now tberefore
BE IT RESOLVED by tbe Conn-
cil of the City of Dubuque, Iowa:
Section I. Tbat the City Clerk
be and he Is bereby authorized
and directed to publish according
to law "Notice of Sale-Project
Notes" In the form of Exbiblt "AU
attacbed bereto and made a part
hereof.
Section 2. That the City Clerk
be and be Is hereby authorized
and directed to accept and tabn-
late proposals for the sale of said
notes and to send telegrams of ac-
ceptance to tbe low bidder or bid-
ders all in accordance witb in-
structions covering sucb transac-
tions as provided by the Depart.
ment of Housing and Urban De-
velopment, United States of Amer-
Ica.
Section 3. Tbat a meeting of tbe
Council of the City of Dubuque
sball be held after tbe bid opening
date of January 12, 1971, to adopt
sucb resolution or resolutions nec-
essary for the consummation of
tbe sale of Project Notes (FIrst
Series 1971) to the lowest bidder
or ,bidders.
554
Special Session, December 29, 1970
Special Session, December 29, 1970
555
Passed, approved and adopted
this 29th day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
Notice of Sale - Project Notes
CITY OF DUBUQUE
(Name of Local Issuing Agency)
Sealed proposals will be re-
ceived by City of Dubuque (herein
called the "Local Issuing Agency")
at Council Chambers, City Hall,
13tb and Iowa, in the City of Du-
buque, State of Iowa, 52001, until,
and publìPly opened at, one o'clock
P.M. (E.s.T.) on January 12, 1971,
for the purcbase of $3,082,000 of
Project Notes (First Series 1971).
being issued to aid in financing its
project(s) as follows:
$3,082.000, First Series 1971, June
4, 1971.
The Notes will be dated Febru.
ary 9, 1971, will be payable to
bearer on the Maturity Date, and
will bear interest at the rate or
rates per annum fixed in the pro-
posal or proposals accepted for the
pnrchase of such Notes.
All proposals for the purcbase
of said Notes shall be submitted
in a form approved by the Local
Issuing Àgency. Copies of such
form of proposal and information
concerning the Notes may be ob-
tained from the Local Issuing
Agency at the address indicated
above. Detailed information with
respect to the conditions of this
sale may be obtained from the
December 29, 1970 issue of The
Daily Bond Buyer.
CITY OF DUBUQUE
By Leo F. Fromelt, City Clerk
Councihnan Coucbman moved
adoption of the resolution. Second-
ed by Councilman Pregler. Car-
ried by the following vote:
Yeas - Mayor Meyers, Coun-
cilmen Bitter, Couchman, Molden.
bauer, Pregler.
Nars-None.
December 22, 1970
Honorable Mayor and
Members of City Council
F. N. Smith Construction Com-
pany, Inc. and K. W. Gaber Con-
struction Company have complet-
ed the demolition and removal of
various structures and other site
improvements in the Downtown
Urban Renewal Project in accord.
ance with the terms of Demolition
Contract No. 1-70.
I recommend that tbe work be
accepted.
Mayor Meyers moved adoption
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. 414-70
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 R. Hirsch, 206 West 3rd
Street
Respectfully submitted,
Gilbert D. Chavenelle,
City Manager
Councilman Pregler moved that
the communication be received
and filed. Seconded by Mayor Mey-
ers. Carried by the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden.
hauer, Pregler.
Nays-None.
RESOLUTION NO. 413-70
ACCEPTING WORK PERFORMED
UNDER DEMOUTION CONTRACT
NO. 1-70 FOR THE DOWNTOWN
URBAN RENEWAL PROJECT,
IOWA R.15
WHEREAS, Demolition Contract
No. 1-70 for tbe removal and site
clearance of various structures and
other site improvements in the
Downtown Urban Renewal Project
area has been completed; and
WHEREAS, the City Manager
has examined the work and finds
that the work bas been completed
in accordance with tbe terms of
the Contract and recommends its
acceptance, now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
CLASS "C" BEER PERMIT
Donald E. Wertz, 1545 S. Grand-
view Ave.
Passed, adopted and approved
this 29th day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Joseph J. Bitter
Councihnen
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.
Section 1, That tbe recommenda-
tion of the City Manager be ap-
proved and tbat said work be and
the same is hereby accepted.
Passed, approved, and adopted
this 29th day of December, 1970.
Donald R. Meyers
Mayor
Walter A. Pregler
Wayne A. Moldenhauer
Gaylord M. Couchman
Josepb J. Bitter
Councilmen
RESOLUTION NO. 415.70
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to b.
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds:
Attest:
Leo F. Frommelt,
City Clerk
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
applicants a Beer Permit.
CLASS "B" BEER PERMIT
John R. Hirsch, 206 West 3rd
Street
CLASS "C" BEER PERMIT
Donald E. Wertz, 1545 S. Grand-
view Ave.
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 29th day of December, 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.
Councilman Pregier expressed
concern over profanity and un-
kind remarks made about our city
employees, more particularly the
policemen. After some discussion
between the Council members and
the City Attorney as to the pos-
sibie adoption of an Ordinance
Councilman Couchman moved that
the matter be referred to the City
Manager, City Attorney and Coun-
cilman Pregler for discussion and
exploratory purpose. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couchman, Molden-
hauer, Pregler.
Nays-None.
There being no further business
Councilman Couchman moved to
adjourn. Seconded by Councilman
556
Special Session, December 29, 1970
~gler. Carried by the following
vote:
Yeas - Mayor Meyers, Council-
men Bitter, Couebman, Molden-
hauer, Pregler.
Nays-None.
Leo F. Frommelt
City Clerk.
Approved ....................................1971
Adopted ......................................1971
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