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1969 November Council Proceedings Regular Session, November 3, 1969 499 CITY COUNCIL OFFICIAL Regular Session November 3, 1969. Council met at 7:30 p.m. (C.S.T.) Present - Mayor Pregler, Coun- cilmen Couchman, Meyers, Schultz, McCauley. City Manager Gilbert Chavenelle. Mayor Pregler read the can and stated that service thereof had been duly made and this meeting is the Regular Monthly Meeting caned for the purpose of acting upon such business as may pro. perly come before the meeting. Mr. Dan Burds and Mr. Dan McQuiggin, members of Boy Scout Troop No.7, presented the City Council with a City flag and a group picture of boy scouts that attended the 7th National Jam. boree at Farragut Park, Idaho. The City flag felw over their camp site at the jamboree. Mayor Pregler received the pre. sentation of the flag and picture on behalf of the Council and thanked the Scouts in Ws usual gracious manner for the interest and pride they had demonstrated in their hometown. Ordinance NO. 41-69 An ordinance vacating a portion of an alley known and described as Lot 6-A of the subdivision of out Lot 724 in the City of Dubu- que, Iowa, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Pregler. Carried by the foHowing vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c. Cauley, Schultz. Nays - None. Councilman Couchman moved that the rule requiring an Ordi. nance to be read on three separate days be waived. Seconded by Mayor Pregler. Carried by the foHowing vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. ',-õ"d -.... ...eel'" to ~c~e:~~"'l:Ee of If'" "dl""ce Du""oue Cou,tv .. office of /he c;ty A"e"o'. Seetion 3. Th" /he Cltv CI,,' be ",d he ,. h"eby ,ufh""'" and dl'eef'" to pub"'" notice of Inle,' to d;,PO" of ,.., ,'to'e .. i, by low ."yld"'. Pa,,"'. "PlOY'" 'nd adoPl'" /hI, 3n! d'y of Noyem"" "". WALTER A, PREGLER SYLVESTE MERLIN' DONALD GAYLUKD ATTEST, Leo F. F....melt Cltv Cleok Pub","'" offiCialty In The Tel""..,. """. Now"a- /hi. 7th day " N~ yembe'. i..', Loo F, F,'"mm,1t Cltv Ct", Councilman Couchman moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the foHowing vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. RESOLUTION NO. 356-69 WHEREAS, Charles H. Cadigan has petitioned the City Council for the vacation of an aHey known and described as Lot 6.A of the Subdivision of Out Lot 724 in the City of Dubuque, Iowa, and WHEREAS, said portion of aHey as hereinabove described has heretofore been vacated by the City Council of the City of Dubu- que, Iowa, and WHEREAS, the a b 0 v e named Charles H, Cadigan has offered to purchase said Lot 6-A of the Sub- division of Out Lot 724 in the City of Dubuque, Iowa, for the sum of $25.00, and WHEREAS, said offer to pur- chase said vacated aHey by the above named Charles H. Cadigan should be accepted. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL 500 Regular Session, November 3, 1969 OF THE CITY OF DUBUQUE, IOWA: Section I. That the offer to pur- chase vacated portion of an alley known and described as Lot 6-A of the Subdivision of Out Lot 724 in the City of Dubuque, Iowa by Charles H, Cadigan for the sum $25.00 be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notices of intent to dispose of interest in real estate as is by law required, Passed, approved and adopted this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Mc- Cauley. Carried by the fol1owing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schnltz. Nays - None, September 18, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a final plat of the Subdivision of Lot 2 of10f20f20f20f20f2 of the Northeast V. of the North- east V. of Section 28, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Iowa, The Commission has found that the plats meets the minimum requirement of the Subdivision Regulations and that it is an ap- propriate design for the area. "Stoneman Road," which is a part of tWs plat, is intended to serve as an access road to the property lying north of it. It was the opiuion of the Commission that if access to this road from the shopping center is permitted it would create traffic problems, at the intersection of "Stoneman Road" and Kennedy Road. It is the recommendation of the Planning and Zoning Commission that this plat be approved and that no access to it from the shopping center be permitted. Respectful1y submitted Planning and Zoning Comtuissio~ Don Gilson City Planner Mayor Pregler moved approval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays - None. RESOLUTION NO. 357-69 RESOLUTION Approving Plat of the Subdivision of Lot 2 of 1-2-2-2-2.2.NEV4 - NEV. of Sec- tion 28, T 89 N, R 2 E of the 5th P.M. in the City of Dubuque, Iowa WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of 1-2-2-2-2-2-NEV. - NEY4 of Section 28, T 89 N, R 2 E of the 5th P.M. in the City of Dubuque, Iowa, is platted as Lot 1 of 2 of 1 of 2 of 2 of 2 of 2 of 2 and Lot 2 of 2 of 1 of 2 of 2 of 2 of 2 of 2 of 2 of the NE]4of the NEV. of Section 28, T 89 N, R 2 E of the 5th P.M. in the City of Dubuque, Iowa; and, WHEREAS said plat has been examined by the Dubuque Plan- ing & Zoning Commission and had its approval endorsed there- on; and, WHEBEAS said plat has been examined by the City Council and they find the same conforms to the Statues and Ordinances relat- ing thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 3rd day of November, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Regular Session, November 3, 1969 501 Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Schu- ltz. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays - None, RESOLUTION NO. 358-69 NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agree- ment dated the 13th of October, 1969 with Illinois Central Railroad Company, a copy of whicb Agree- ment is attached, for granting the license to City of Dubuque, Iowa by tbe minois Central Railroad Company for the construction and maintenance of a sanitary sewer pipeline by the City of Dubuque and that a certified copy of this Resolution be transmitted to the minois Central Railroad Company, Passed, approved and adopted this 3rd day of November, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F, Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk I, Leo F, Frommelt, Clerk of the City of Dubuque. Iowa do here- by certify the foregoing to be a true and correct copy of a Resolu- tion adopted by the City Council of the City of Dubuque, Iowa at a meeting on the 3rd day of November, 1969 that said Resolu- tion is still in effect; that the Agreement referred to therein, attached thereto, is in the form executed. WITNESS the seal of the said City of Dubuque, Iowa and my signature this 3rd day of Novem- ber, 1969. Leo F, Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Mc- Cauley, Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz, Nays-None. RESOLUTION NO. 359.69 WHEREAS, Allan R. Kingsley, an inhabitant of the city of Dubu- que, Iowa for many years, died on the 7th day of October, 1969, and WHEREAS, for six years prior to his death the said Allan R. Kingsley served the inhabitants of this community, as well as the visitors to this community, as a member of the Park Board of the City of Dubuque, Iowa, and WHEREAS, while as a member of the Dubuque Park Board, he richly contributed to the develop- ment and beautification of the park system of this community, and WHEREAS, it is fitting and proper that the passing of Allan R. Kingsley from this earthlY scene be appropriately marked and remembered by his fellow public servants and his fellow citi- zens; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section I. That the City Council of the City of Dubuque, Iowa hereby officially expresses its sadness and regret at the passing of Allan R. Kingsley, a loyal and creative public servant, and that recognition of his contribution to- ward development and enhance- ment of the community life of this city be officially made a matter of record, Section 2. That a certified copy of this Resolution be transmitted to his beloved spouse, surviving him. Passed, approved and adopted this 3rd day of November, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F, Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk ...~ 502 Regular Session, November 3, 1969 Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman SChU- ltz, Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c- Cauley, Schultz. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for con- struction of the John F. Kennedy Road Sanitary Sewer 1969 from Kaufmann Avenue northerly to Old Timers Athletic & Supper Club Place Project No, 1, present- ed and read, No written objections were filed and no oral objectors were pre- sent in the Council Chamber at t'e time set for the public hear- ing. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c _I Cauley, Schultz. Nays-None. Statement of City Clerk certify- ' ing that notices of public hearing on the resolution of necessity for construction of the John F. Ken- nedy Road Sanitary Sewer 1969, were mailed by certified mail on October 3, 1969 to property own- ers of record subject to assess, ment, presented and read. Councilman Meyers moved that the statement be received and filed, Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays-None. Decision of Council upon ob- lections to plans, specifications, form of contract and cost of im. provements RESOLUTION NO. 360-69 WHEREAS, proposed plans and specifications and form of contract for the construction of the: John F. Kennedy Road - Sanitary Sewer, 1969 from Kaufmann Av- nue northerly to Old Timers Athle- tic & Supper Club Place, Project No.1 have been approved by the City Council of the City of Dubuque and public notice given as provid- ed by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 3rd day of Novem- ber, 1969; and WHEREAS, the City Council met in regular session this 3rd day of November, 1969, at 7:30 p.m. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro. posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEBEAS, all interested par. ties have been given an opport- unity to be heard and all object- ions which have been d u I y weighed and considered; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein des. cribed and proposed to be made be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon an objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent re- cord in connection with said im- provement. Passed, adopted and approved this 3rd day of November, 1969. Walter A, Pregler Mayor Sylvester McCauley Merlin F, Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, November 3, 1969 503 Mayor Pregler moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c- Cauley, Schultz, Nays-None. (Necessity for Improvement) RESOLUTION NO. 313.69 WHEREAS, proposed p I a n s, specifications, form of contract. plat and schedule bave been dulÝ prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers, 2. Each lot proposed to be asses- sed together with a valuation fixed by the Council. 3, An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used, 4, In each case the amount there- of which is estimated to be assessed against each lot, for the construction of the: John F. Kennedy Road - Sani- tary Sewer, 1969 from Kaufmann Ave. northerly to Old Timers Atheltic & Supper Club - Project No. I BE IT THEREFORE RESOLV- ED tbat the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this propos. ed resolution have on file witb the City Clerk objections to the a. mount of the proposed assess- ments, they shall be deemed to have waived all objections there- to, Said improvement sball be con- structed and done in accordance with the plans and specifications which bave been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve. ment will be assessed upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in propor- tion to the special benefits con. ferred thereby, and any deficiency shall be paid out of sewer funds, Sewer bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The railway portion of any street or assessment district shall be asses- sed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 22nd day of September, 1969. Record of Final Adoption. The foregoing resolution was finally passed and adopted, as pro- nosed, by the Citv Council this 3rd day of November, 1969. Walter A, Pregler Mayor Sylvester McCauley Merlin F, Schultz Donald R. Meyers Gaylnrd Couchman Councilmen Attest: Leo F, Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Mc- Cauley, Carried bv the followin¡¡ vote: Yeas - Mayor Pre~ler, Council. men Couchman, Meyers, M c - Cauley, Schultz. Nays - None. (Orderin~ Construction) RESOLUTION NO. 361.69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a re- solution of necessity No, 313-69 which was duly passed by this CO'.tncii. for tbe construction of: John F. Kennedy Road - Sani. tory Sewer 1969, from Kaufmann Ave, northerly to Old Timers Ath- letic & Supper Club Place - Pro- iect No, 1 be and the same are hereby order. ed and constructed by this Coun- cil unon its own motion and with or without the petition of property Regular Session, November 3, 1969 505 Regular Session, November 3. 1969 Proof of Publication, certified to by the Publisher, of notice of time and place of hearing to dispose of interest in Lot 1 of Lot 1 of Block 3 Riverfront Subdivision No, 2 to Art Pape Tranfer Co. pre. sented and read. No written objections were filed and no oral objectors were present at the time set for the public hearing. Councilman Meyers moved that the proof of publication be receiv- ed and filed, Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays-None, RESOLUTION NO. 362-69 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a news- paper of general circulation pub- lished in the City of Dubuque. Iowa on October 6, 1969 and Octo- ber 13, 1969, City Council of Du- buque, Iowa met on the 3rd day of November, 1969 at 7:30 o'clock p.m, Central Standard Time, in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to Lot 1 of Lot 1 of Block 3 "Riverfront Subdivision No.2" in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to e.,ement of record to ART PAPE TRANSFER. a sole proprietorship, a/k/a Art Pape Transfer Co. own- ed by Arthur J. Pape, d/b/a Art Pape Transfer Co, and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to ART PAPE TRANSFER, a sole proprietorship, a/k/a Art Pape Transfer Co. owned by Arthur J. Pape, d/b/a Art Pape Transfer Co, and NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the disposal of interest of City of Dubuque, Iowa, in real estate to ART PAPE 504 TRANSFER CO. covering the following described real estate, to- wit: Lot 1 of Lot 1 of Block 3 "River- front Subdivision No, 2" in the City of Dubuque, Iowa, accord- ing to the recorded plats there- of, subject to easements of record for the purchase price of twenty cents ($ ,20) per square foot, for approximately 42,200 square feet, be and the same is hereby ap- proved, subject to the following terms and conditions, to-wit: (A) That the said real estate be sold to the Art Pape Transfer of Dubuque, Iowa for the con. struction of a buildings to ex. pand it business all of which real estate contains approxi- mately 42,000 square feet. (B) That the sale price for said real estate shall be twenty cents ( .20) per square foot, for a total price of $8,448,00, ten per cent whereof is paid down, and receipt thereof is acknowledged, (C) That Art Pape Transfer agrees to become a part-owner in the private sewer company formed by the other lot owners on East 12th Street and that Art Pape Transfer agrees to abide by the decision of the majori- ty of these lot owners, and that Art Pape pay a repre- sentative and equitable share of installation of said sewer which serves the property be- ing sold. (D) That the Art Pape Transfer shall take the real estate sub- ject to existing easements and easements of record, (E) That construction of buildings and other facilities be com- menced within one year of date of purchase, and com- pleted within two years of same date, otherwise owner- ship of said land shall revert to the City of Dubuque, Iowa and the purchase price. less damages, shall be refunded to the buyer. (F) That construction of plant and ancillary improvements shall be in conformity with existing codes and easements of the City of Dubuque, Iowa, (G) That Art Pape Transfer work out a private agreement with Interstate Power Company reo lative to that firm's utility easement in the area. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Art Pape Transfer of Dubuque, Iowa upon receipt of the purchase price of twenty cents ($ .20) per square foot for approximately 42,200 square feet. Section 3. That Art Pape Trans- fer Co, and Art Pape Transfer, a sole proprietorship, owned and operated by Arthur J. Pape is one and the same person. Section 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 3rd day of November, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen owners. All the work shall be con- structed in accordance with the I plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, accord- ing to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the sewer funds of the city. Payment will be made to the contractor out of funds realized from the sale of sewer bonds to be issued in anticipation of deferred payments of assess- ments provided by law after the work has been completed and ac- cepted by the Citv Council, BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its pasage and after its passage and adoption by the City Council. Passed, adopted and approved this 3rd day of November, 1969. Walter A, Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F, Frommelt City Clerk Councilman Couchman moved adoption of the resolution, Seconded by Councilman Schu. ltz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays-None, October 7, 1969 To the Honorable Mayor and City Council Gentlemen: Your staff requested that your honorable body approve the attach- ed resolution to accept Easement "B" for road purposes in LoU of Lot 2 of Lot 1 of Lot 1 of Lot 2 of N.W,¥. - N,E,J4, Section 28 in order to clear up three (3) parcels of property in the Bies Street area that are land locked. Tbis property was subdivided prior to annexation to the City of Dubuque and was recorded as shown on plat but the County Board of Supervisors never estab- lished and formally dedicated Easement "B" as part of the Du- buque County Road System. There- Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays-None, 506 Regular Session, November 3, 1969 fore, upon annexation this strip of property was not annexed as a street even though three houses face this Easement "B". I, therefore, request your honor- able body to accept and dedicate Easement "B" for road purposes in Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of NW.¥. - N,E.¥4, Section 28 as a street and so named Kebbie Drive. Respectfully submitted, Gilbert Chavenelle City Manager Councilman Couchman moved approval of request. Seconded by Councilman Mey- ers. Carried by the following vote: I Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley, Schultz. Nays - None. RESOLUTION NO. 363-69 RESOLUTION Approving Plat of Easement "B" for Roadway Purposes in Lot I of Lot 2 of Lot I of Lot I of Lot 2 of NW1f4 of NEV., Section 28 T89N, R2E of 5 P.M. (except N 253.8' . E. SO of Lot 2 of Lot I of Lot I of Lot 2). WHEREAS, there is presently on file in the office of the Dubuque County Recorder in Book 27, Page 175 a plat of: Easement "B' be'ng in Lot I of Lot 2 of Lot I of Lot I of Lot 2 of NW1f4 of NEV., Section 28 T89N., R2E of 5 P.M. (except N. 253.8' . E. 50 of Lot 2 of Lot I of Lot I of Lot 2), is designated as for road purposes; and, WHEREAS, said plat conforms to the Statutes and Ordinances relating thereto; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above des- cribed plat be and the same is hereby approved and the Mayor and Clerk be and they are here- by authorized and directed to en- dorse the approval of the City up- on said Easement Agreement, Section 2. That the dedication of Easement "B" for road pur. poses together with the easements for public utilities as the same ap- pear upon said plat, be and the same are hereby accepted. Passed, adopted and approved this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays -None. ORDINANCE NO. 42-69 An Ordinance Naming Easement "B" for Road Purposes in Lot I of Lot 2 of Lot I of Lot I of Lot I of Lot 2 of NWV. of NE1f4 Section 28 T. 89 N. R. 2 E. of 5 P.M. Which is e Track of Ground 50 Feet Wide and 300 Feet Long Lying 300 Feet East of Bies Drive and Running North of Daniels Street, presented and read, Councilmna Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz, Nays-None. Councilman Meyers moved that tbe rule requiring an Ordinance to be read on three separate days be waived, Seconded by Mayor Pregler, Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. ORDINANCE NO. .2.69 An Ordinanoe naming Ea..menl "E" for road purpo,e' In Lol 1 of Lol 2 of Lol 1 of Lot 1 of Lot 1 of Lol 2 of NW,\,,-N,E, ",-section 28, T-89N" R, 2E of 5 P,M, whieh i, a lraek of g,ound 50 feel wide and 300 feel tong tying 300 feet e,,1 of Bi., Drive and running noelh off of Daniel, Street, BE IT ORDAINED BY THE CrrY COUNCIL OF THE CITY OF DUBUQUE, IOWA- SECTION 1. Thai the unnamed Ea...- menl "B" for road purpo,ea as ..me appeora upon a pIal adopted and ap- p,oved hy Resolution No. 383-.9 on No- vemher 3, 1989. >halt hereafter be known aa "KEBBlE DRIVE." Regular Session, November 3, 1969 501 Pas..d, adopted and approved this 3rd day of November, A.D" 1989. WALTER A, PREGLER Mayor SYLVESTER MeCAULEY MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M, COUCHMAN Councilmen ATTEST: Leo F. Frommelt City Cierk Puhli,bed offiolally In the Telegraph- Herald Newspaper this 7th day of No. vember, 19.9. Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Proof of Publication of Legal notice of hearing to authorize pro- posed agreements between the City and Developers of certain parcels of real estate located in the Down- town Urban Renewal Project Iowa R.15 relative to Abeln Abstract Co" Canfield Hotel Inc., Fischer & Company Inc. and Andrew and Gust Karigan, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for public hearing. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Council. man Couchman, Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays - None. RESOLUTION NO. 364-69 Authorizing The Execution of a Contract for Sale of Land For Private Redevelopment With Canfield Hotel, Inc, WHEREAS, pursuant to Resolu. tion No. 333-69 dated September 29, 1969 and a Notice of Public Hearing published in the Tele. graph-Herald, a newspaper of gen. eral circulation in the City of Du. buque, Iowa, on October 3, 1969, and October 10, 1969, City Council met on the third day of November, 1969, at 7:30 o'clock P.M., Central Standard Time, in City Council Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of the interest of the City of Dubuque to the Reuse Parcel 3 of Block 1 and the westerly 65' of the southerly 130' of Reuse Par. cell of Block 1 in the Downtown Urban Renewal Project, Iowa R-15, to Canfield Hotel, Inc.; and WHEREAS, pursuant to said res- olution a copy of the Redevelop- er's Statement for Public Disclos. ure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was place on file in the Offic of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of said in. terest of the City of Dubuque in the above described real estate to Canfield Hotel, Inc.; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to enter into a Contract for Sale of Land and Private Re- development in accordance with the terms of the Disposition Docu. ments governing such sale with Canfield Hotel, Inc, for the real estate known as Reuse Parcel 3 of Block 1 and the Westerly 65' of the Southerly 130' of Reuse Parcel 1 of Block 1 in the Downtown Ur- ban Renewal Project, Iowa R.15, containing 12,252 square feet, sub- ject to survey. Section 2. That said Reuse Par- cel 3 of Block 1 shall be sold for $2,69 per square foot or a total purchase price of $10,228,46 and that said westerly 65' of the south. erly 130' of Reuse Parcell of Block 1 shall be sold for $2.50 per square foot or a total purchase price of $21,125 both subject to final sur. vey of the land to be conveyed. Section 3. That the City Manager be and he is hereby authorized and directed to prepare or cause to be prepared for action by the Council of the City of Dubuque the following described items and any other items necessary to con- sumate the transaction: a. The closing and vacation of all existing streets, alleys, 508 Regular Session, November 3, 1969 and other public rights-of- way within or abutting on the parcel. b. The replatting and resubdi- vision of the parcel. c. The rezoning of the parcel. Passed, approved and adopted this 3rd day of November, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F, Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz, Nays - None, RESOLUTION NO. 365-69 Authorizing the Execution of a Contract for Sale of Land for Private Redevelopment with Abeln Abstract Company. WHEREAS, pursuant to Resolu- tion No, 335-69 dated September 29, 1969, and a Notice of Public Hearing published in the Tele- graph-Herald, a newspaper of gen- eral circulation in the City of Du- buque, Iowa, on October 3, 1969, and October 10, 1969, City Council met on the third day of November, 1969, at 7:30 o'clock P,M., Central Time, in City Council Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of the interest of the City of Dubuque to the westerly 74' of the Southerly 79' of Reuse Parcel 1 of Block 3 in the Downtown Ur- ban Renewal Project, Iowa R-15, to Abeln Abstract Company; and WHEREAS, pursuant to said res- olution a copy of the Redeveloper's Statement for Public Disclosure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was placed on file in the Office of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of said in. terest of the City of Dubuque in the above described real estate to Abeln Abstract Company; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City Manager be and he is bereby authorized and directed to enter into a Con- tract for Sale of Land and Private Redevelopment in accordance with the terms of the Disposition Docu- ments governing such sale with Abeln Abstract Company for the real estate known as the westerly 74' of the southerly 79' of Reuse Parcell of Block 3 in the Down. town Urban Renewal Project, Iowa R-15, containing 5,846 square feet, subject to survey. Section 2. That said parcel of real estate shall be sold for $2.50 per square foot or a total purchase price of $14,615, subject to final survey of the land to be conveyed, Section 3. That the City Manager be and he is hereby authorized and directed to prepare or cause to be prepared for action by the Council of the City of Dubuque the following described items and any other items necessary to con. sumate the transaction: a, The closing and vacation of all existing streets, alleys, and other public rights-of.way within or abutting on the par- cel. b. The replatting and resubdivi- sion of the parcel. c, Tbe rezoning of the parcel. Passed, approved and adopted this 3rd day of November, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F, Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F, Frommelt City Clerk Mayor Pregler moved adoption of the resolution, Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Regular Session, November 3, 1969 509 RESOLUTION NO. 366-69 Authorizing the Execution of a Contract for Sale of Land for Pri. vate Redevelopment with Andrew D. Karigan and Gust Karigan WHEREAS, pursuant to Resolu- tion No. 332-69 dated September 29, 1969 and a Notice of Public Hearing published in the Tele- graph-Herald, a newspaper of gen- eral circulation in the City of Du- buque, Iowa, on October 3, 1969, and October 10, 1969, City Council met on the third day of November, 1969, at 7:30 o'clock P,M" Central Time, in City Council Chambers, City Hall, Dubuque Iowa, to con- sider the proposal to dispose of the interest of the City of Dubuque to the southerly 65' of the easterly 94' of Reuse Parcell of Block 1 in the Downtown Urban Renewal Project, Iowa R.15, to Andrew D, Karigan and Gust Karigan; and WHEREAS, pursuant to said res. olution a copy of the Redeveloper's Statement for Public Disclosure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was placed on file in tbe office of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of said interest of the City of Dubuque in the above described real estate to Andrew D. Karigan and Gust Karigan; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City Manager be and he is hereby authorized and directed to enter into a Contract for Sale of Land and Private Re. development in accordance with the terms of the Disposition Docu- ments governing such sale with Andrew D. Karigan and Gust Kar. igan for the real estate known as the southerly 65' of the easterly 94' of Reuse Parcell of Block 1 in the Downtown Urban Renewal Project, Iowa R.15, containing 6, 110 square feet, subject to survey, Section 2. That said parcel of real estate shall be sold for $2,50 per square foot or a total purchase price of $15,275, subject to final survey of the land to be conveyed, Section 3. That the City Manager be and he is hereby authorized and directed to prepare or cause to be prepared for action by the Council of the City of Dubuque the follow- ing described items and any other items necessary to consumate the transaction. a, The closing and vacation of all existing streets, alleys, and other public rigbts-of-way within or abutting on the par- cel. b, The replatting and resubdiv- ision of the parcel. c. The rezoning of the parcel. Passed, approved and adopted this 3rd day of November, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution, Seconded by Councilman Meyers, Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays - None. RESOLUTION NO. 367.69 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarèttes and Cigarette Papers within said City. Frank J. & Phyllis Licciardi, 504 Bluff Street. (Transfer from 869.871 Iowa Street) BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 3rd day of November, 1969, Walter A, Pregler Mayor Sylvester McCauley Merlin F, Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk 510 Regular Session, November 3, 1969 Councilman Meyers moved ad. option of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 368-69 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 is. sued upon compliance with the terms of the ordinances of the City, CLASS "B" BEER PERMIT Beecher Co, Inc., 2399 White Street John F. Glynn, 760 East 16th Street Marcella M. McCarty, 2093 Wash. ington Street American Veterans of World War #2, 36 West 4th Street John B. Burgmaier, 2401 Wind- sor Avenue Frank J. & Phyllis Licciardi (Tran- sfer from 869-871 Iowa) 504 Bluff Street CLASS "C" BEER PERMIT Florence E. Chalder, 113 Main Street Lil' Giant Food Store, Inc., 1100 Rhomberg Avenue Passed, adopted and approved this 3rd day of November, 1969 Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad. option of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 369-69 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of ills City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named a Beer Permit. CLASS "B" BEER PERMIT Beecher Co. Inc" 2399 White Street John F, Glynn, 760 East 16th Street Marcella M. McCarty, 2093 Wash- ington Street American Veterans of World War #2, 36 West 4th Street John B. Burgmaier, 2401 Wind. sor Avenue Frank J, and Phyllis licciardi, 504 Bluff Street (Transfer from 869.871 Iowa Street) CLASS "C" BEER PERMIT Florence E. Chalder, 113 Main Street Lil' Giant Food Store, 1100 Rhomberg Avenue BE IT FURTHER RESOLVED THAT the bonds filed by such ap. plicants be and the same are here. by approved. Passed, adopted and approved this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couchman, Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 370-69 WHEREAS, applications for liq. uor Permits have been submitted to tWs Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of Regular Session, November 3, 1969 511 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 - Chap- ter 123 - as amended by the 60th General Assembly, 1963. CLASS "C" LIQUOR COMMER. CIAL ESTABLISHMENT John B. Burgmaier, 2401 Wind- sor Avenue Karl Henry Oleson, 1701 Asbury Street Frank J. & Phyllis licciardi, 504 Bluff Street (Transfer from 869.871 Iowa Street) Passed, adopted and approved this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Coucbman. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman Meyers, McCauley, Schultz. Nays - None. RESOLUTION NO. 371-69 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and the have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the Vity Council of Dubuque, Iowa, that the manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" LIQUOR COMMERCIAL ESTABLISHMENT John B. Burgmaier, 2401 Wind- sor Avenue Karl Henry Oleson, 1701 Asbury Street Frank J. & Phyllis Licciardi, 504 Bluff Street (Transfer from 869-871 Iowa Street) Passed, adopted and approved this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Mayor Pregler left the Council Chamber at 7:45 P.M. Councilman McCauley moved that Councilman Couchman act as Presiding Officer Pro Tern for the balance of the meeting in the ab- sence of Mayor Pregler, Seconded by Councilman Meyers, Carried by the following vote: Yeas - Councilmen Meyers, McCauley, Schultz. Councilman Couchman not vot- ing. Nays-None. October 30, 1969 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap. proved the following bonds and policy, and desire to have your approval on same. COMPREHENSIVE LIABILITY Anton Zwack, Inc., Northwestern National Insurance Co. SIDEWALK Erschen Construction Company, Merchants Mutual Bonding Co. Raphael H. Strub, Western Surety Company Respectfully Gilbert D. Chavenelle City Manager Councilman Meyers moved that the bond and policies be filed sub. ject to the approval of the City Attorney. Seconded by Councilman McCauley. Carried by the follow- mg vu,~: Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays-None. Absent - Mayor Pregler. 512 Regular Session, November 3, 1969 October 27, 1969 To the Honorable Mayor and City Council Gentlemen: A request has been received from Mr. Ray Kress for a street light in the area of 2310 Garfield, The electrical inspector has view- ed the location and it is recommen- ded that a 175 watt mercury vapor light be placed on a pole located on the property line of 2335 and 2345 Garfield, Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Schultz, Car- ried by the following vote: Yeas - Presiding officer Pro Tern Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays-None. Absent - Mayor Pregler. October 17, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of Alfred L. Brandt and oth- ers requesting that the property located at 2621 Fulton Street be condemned by the city, An inspec- tion of the property was made by the City Housing Inspector in June, As a result of this inspection, the property was posted as not acceptable for habitation because of certain violations of the Dubu- que Housing Code. Further, the Housing Inspectors report that the building is basical- Iv sound and can be restored to an "ttractive and livable residence. I believe that the city has al- ready taken proper action in re- gard to the condition of the proper- ty at 2621 Fulton Street, and I do not recommend that the building be condemned as requested by the petitioners. For your information I am en. closing a letter from Housing In- spector Zimmerman dated Cctober 15th describing the situation. Respectfully, Gilbert D, Cbavenelle City Manager Councilman Meyers moved that the communication be referred back to the City Manager and staff for further investigation. Sec- onded by Councilman McCauley, Carried by the following vote: Yeas - Presiding officer Pro Tem Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays-None. Absent - Mayor Pregler Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of September 1969, presented and read, Councilman Meyers moved that the proof of publication be receiv- ed and filed, Seconded by Council. man Schultz. Carried by the fol- lowing vote: Yeas - Presiding officer Pro Tern Couchman, Coucilmen Mey- ers, McCauley, Schultz. Nays-None. Absent - Mayor Pregler. October 21, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear. ing on a proposal to reclassify from Single Family to Multiple Family property described as Lot 1 of Sylvan Place. This property is located south of Pennsylvania Avenue and lies between Bies Street and Sylvan Drive. The Commission reviewed a General Development Plan for the west side of the city which they had approved at a previous meet- ing, It was pointed out that Penn. sylvania Avenue was part of the arterial street system and that the additional traffic generated by the Multiple Family development could be handled on Pennsylvania Ave- nue. The general planning for tWs area has envisioned that the area south of Pennsylvania Avenue would be developed for a higher density residential development, and that the proposal would con- form to this general plan. A petition bearing 54 signatures stating objection to the proposal was received by the Commission, Mrs, Donald Ehlers, 1705 Keyway Drive, was present, and stated that she feels there are too many mul. tiple family residences in the area and would like to have more single family units built. She felt that the ~ - ~---- Regular Session, November 3, 1969 513 increase in traffic on Pennsylvania I Avenue would be undesirable. It was the opinion of the Com- mission that the proposal conforms to the general plan for this area and would encourage an approp- riate development of the area. It is the recommendation of the Planning and Zoning Commission that Lot 1 of Sylvan Place be reo classified from Single Family to Multiple Residence on the zoning map. Respectfully submitted CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Schultz moved that the recommendation be approved and referred for proper proceed- ings, Seconded by Councilman McCauley. Carried by the following vote: Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey- ers, McCauley, Schultz, Nays-None. Absent - Mayor Pregler. October 21, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on. a proposal to reclassify from Local Business "B" to Bus. iness, property described as Sara S. and Edward R. Bartels Place at Center Grove in Mineral Lot 243 of Section 27 in the City of Dubu- que. This property is located north of University Avenue and east of the Volkswagen agency. The prop- erty is bounded on the north by a branch of the Catfish Creek. At the hearing no one was pres- ent to speak in opposition to the proposal. It is the recommendation of the Planning and Zoning Commission that the property described above be reclassified from Local Business "B" to Business classification on the zoning map, Respectfully submitted CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Presiding Officer Pro Tern Couchman moved approval of the recommendation and that same be referred for proper proceedings, Seconded by Councilman McCauley Carried by the following vote: Yeas - Presiding Officer Pro Tem Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays - None, Absent - Mayor Pregler. Communication of David L. Hammer, attorney for the Hartford Insurance Group, the liability car. rier for the City in the action of Irene Ann Brown vs. Gilbert D. Chavenelle City Manager and Percy Lucas Police Chief, in the amount of $150,000, which is in excess of protection afforded the City limit liability, stating that he would cooperate with any at- torney if the City chooses to do so, presented and read. Councilman Meyers moved that the communication be referred to the City Solicitor. Seconded by Councilman McCauley, Carried by the following vote: Yeas - Presiding Officer Pro Tem Couchman, Councilmen Mey. ers, McCauley, Schultz. Nays-None. Absent -Mayor Pregler. Notice of claim of American States Insurance in the amount of $300, for reimbursement of a claim paid to Paul Tressel for car damage as the result of a fallen dead elm tree limb on October 9, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man McCauley, Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Couchman, Coucilmen Mey. ers, McCauley, Schultz, Nays-None, Absent - Mayor Pregler. Notice of claim of Amelia Stecher, in an undetermined amount, for personal injuries reo ceived in a fall on a defective curb at 19th and Central Avenue on October 18, 1969, presented and read. Councilman Meyers moved that 514 Regular Session, November 3, 1969 the notice of claim be referred to ! the City Solicitor for investigation and report, Seconded by Council. man McCauley. Carried by the fol. lowing vote: Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey- ers, McCauley, Schultz, Nays - None. Absent - Mayor Pregler. Notice of claim of Francis White, in an estimated amount of $206,32, for car damage as the result of a fallen dead elm tree limb while his car was parked at 1320 Alta Vista Street on October 9, 1969, present. ed and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report, Seconded by Council- man McCauley. Carried by the fol. lowing vote: Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey. ers, McCauley, Schultz. Nays - None. Absent - Mayor Pregler. Petition of Earl pfohl et al (7 signers) residents of Asbury Road west of 5t. John's Drive requesting sani~ary sewer to their properties presented and read. Presiding Officer Pro Tern Couchman moved that the petition be referred to the City Manager and Engineer. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas - Presiding Officer Pro Tern Couchman, Councilmen ,Mey- ers, McCauley, Schultz. Nays - None. Absent - Mayor Pregler. Petition of YWCA requesting permission to conduct a traveling bake sale from door to door on November 22, 1969, from 8 A,M. to 4 P.M" presented and read. Councilman Meyers moved that the petition be granted subject to approval of the City Manager. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey. ers. McCauley, Schultz. Nays - None. Absent - Mayor Pregler. Petition of Cecil R. Hines by David Kintzinger attorney, request. ing a quit clairo deed to the alley between Bennett Street and West TWrd Street adjoining Lots 13 and 14 Hodge Sub. No.2., as previously authorized by Ordinance No. 18-49 adopted May 23, 1969, presented and read. Councilman Schultz moved that the petition be referred to the City Solicitor. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays-None. Absent - Mayor Pregler. Petition of Arthur W. and Mar. tha C. Pins, by H. F. Reynolds at. tomey, requesting that Old Tim- ers Athletic & Supper Club be reo zoned to Business "B" classifica. tion, presented and read. Councilman Meyers moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schultz, Carried by the following vote: Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays - None. Absent - Mayor Pregler. Petition of Molo Oil Company reo questing a refund of $5.00 on an unused furnace installation permit within the confines of the City, said permit issued for an installa. tion at 724 Davis Avenue which is outside the City Limits, presented and read. Councilman Schultz moved that the refund be granted and the aud. itor instructed to issue the proper warrant. Seconded by Councilman McCauley. Carried by the follow. ing vote: Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey. ers McCauley, Schultz. Nays-None. Absent - Mayor Pregler. Petition of Bill Olsen at al (18 signers) requesting elimination of all day parking in the block from 11th to 12th on WWte Street, also on 11th Street between White and Jackson and further requesting two hour parking for the area from 9:00 A.M. to 6:00 P.M. Mon- day thru Saturday, presented and read. Regular Session, November 3, 1969 Councilman Schultz moved that the petition be referred to the City Manager and Traffic Department. Seconded by Councilman McCauley Carried by the following vote: Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey. ers, McCauley, Schultz. Nays - None. Absent - Mayor Pregler. Petition of Northwestern Bell elephone Co. requesting permis- sion to excavate between Center and Wilson in the alley north of University presented and read, Councilman Schultz moved ap. proval of the petition. Seconded by Councilman McCauley. Carried b ythe following vote: Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays - None. Absent - Mayor Pregler. Councilman Meyers moved that the rules be suspended in order to let anyone present address the Council if they so desired. Sec. onded by Councilman Schultz. Car- ried by the following vote. Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey. ers, McCauley, Schultz, Nays - None. Absent - Mayor Pregler. Mr. William Welu presented the Council with a framed notification from the Amvets Post entitled "Iowa Amvets Disaster Aid Pro. gram, Wren in need of help duro ing disaster, you can depend on the Iowa Amvets, The Amvets have posts at a radius of every 50 miles in the State of Iowa. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Schultz. Carired by the following vote: Yeas - Presiding Officer Pro Tern Couchman, Councilmen Mey. ers, McCauley, Schultz. Nays-None. Absent - Mayor Pregler. Leo F. Frommelt City Clerk 515 Approved ....,......,................,..,....1970 Adopted ......,........,..................,...1970 ............................................................ """""""""""""""""""""""""""""" Councilmen Attest: """""""""""""""""""""""""""""" City Clerk 516 Special Session, November 5, 1969 CITY COUNCIL OFFICIAL Special Session, November 5, 1969 Council Met at 4:30 P,M, (C.S.T.) Present - Mayor Pregler, Council. men Couchman, Meyers" McCauley Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of DE. CLARING THE RESULTS AND SUBMITTING A CANVASS OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 4, 1969, and acting upon such other business as may properly come be- fore a regular meeting of the City Council, Proof of Publication, certified to by the Publisher, of Regular Municipal Election Ballot on November 4, 1969, presented and read. Councilman Meyers moved that the proof of publication be received and filed, Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays - None, November 5, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Section 50.21 of the 1966 Code of Iowa, on November 5, 1969, we made a public canvass of the election returns of the REG. ULAR MUNICIPAL ELECTION held on November 4, 1969, and herewith submit the report of said canvass. We, Walter A. Pregler, Mayor of the City of Dubuque, Iowa, and Leo F. Frommelt, Clerk of the City of Dubuque, Iowa, do hereby certi. fy that we publicly canvassed the election returns of the Regular Municipal Election and find the following results: NOMINATED BY GENERAL ELECTION FOR COUNCILMEN Wayne A. Moldenhauer, 12,335 votes. Joseph J. Bitter, 10,525 votes. Walter A. Pregler, 6,727 votes. NOMINATED BY GENERAL ELECTION FOR PARK COMMIS. SIONER REGULAR TERM Thomas G. Schrup, 7,936 votes, Respectfully submitted, Leo F. Frommelt City Clerk Walter A. Pregler Mayor Councilman Meyers moved that the communication be received and filed and made a matter of reo cord, Seconded by Councilman Couchman. Carried By the follow. ing vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 372-69 WHEREAS, the Mayor and Clerk have heretofore pursuant to the provisions of Section 50.21 Code of Iowa 1966 met and canvassed the returns of the REGULAR MUNICIPAL ELECTION held in the City of Dubuque, November 4, 1969, and certified the results to the City Council; and WHEREAS, the City Council has examined said certificate and finds that the following have heen elected for the following offices: COUNCILMEN - FOR TERM BEGINNING JANUARY 1, 1970 (four year terms to 12-31-1973) Wayne A Mouldenhauer Joseph J. Bitter Waiter A. Pregler PARK COMMISSIONER REGU- LAR TERM COMMENCING JAN- UARY 1, 1970 (six year term) Thomas G. Schrup NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section I. That Wayne A. Mold- enhauer, Joseph J. Bitter and Walter A. Pregler are hereby declared elected to the office of Councilmen of the City of Dubu. que for the terms commencing on or before noon of the second secular day of January 1970. Section 2. That Thomas G. Schrup is hereby declared elected to the office of Park Commisioner for a six year term commencing January 1, 1970. Section 3. That the City Clerk be and he is hereby authorized and directed to issue certificates of election to the foregoing individ. Special Session, November 5, 1969 uals for the respective offices to ATTEST: which they have been elected. Leo F. Frommeit Passed, adopted and approved City Clerk this 5th day of November, 1969. Councilman Meyers moved ad. Walter A. Pregler option of the resolution. Seconded Mayor by Councilman Couchman. Carried Sylvester McCauley by the following vote: Merlin F. Schultz Yeas - Mayor Pregler, Councll- Donald R. Meyers men Couchman, Meyers, McCauley. Gaylord M. Couchman Schultz. Councilmen Nays - None. REGULAR MUNICIPAL ELECTION, NOVEMBER 4,1969 517 FOR COUNCILMEN iii ~ U I¥U t ci~ "c: ~.:; H ci /. c .JZ:"~t~:::a."':Jo- c:; .!¡;, ".., E i! ;!o-::! ~: U ! ~ ~;¡¡ ¡!gu :È1i ~-I U .; PRECINCTS i" ¡~ ...111 1 .................... 890 379 378 2 """""""""" 818 335 376 3 ........'....,...... 277 117 156 4 ......,............. 233 89 140 5 .................... 498 187 212 6 .................... 985 349 566 7 .................'.. 171 73 99 8 .........,.......... 296 123 162 9 ..........'......... 377 134 233 10 .................. 536 205 259 11 .......,.......... 911 360 448 12 """"""""" 398 153 281 13 .................. 850 359 515 14 ..,...."......... 769 366 462 15 .................. 743 318 427 16 .................. 1298 483 658 17 ................., 473 188 228 Totals ,.........10525 4218 5580 1103 391 740 1075 331 633 338 130 166 290 111 155 592 194 345 1204 342 644 193 67 114 352 108 196 416 107 206 620 197 342 1008 261 496 434 128 171 882 194 361 883 279 486 783 243 471 1578 432 824 584 198 377 12335 3713 6727 RESOLUTION NO. 373-69 WHEREAS, Ordinance No. 18-49 passed by the City Council of the City of Dubuque on May 23, 1949, vacated an alley of wWch Lots 13A and 14A of Hodge's Subdivision No. 2 in the City of Dubuque, Iowa, was a part, and that said Ordinance provided that upon filing of a plat of said property that the Mayor and Clerk of the City of Dubuque were authorized to execute deeds on behalf of the City of Dubuque, Iowa- NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That conveyance by Quit Claim Deed by City of Dubu. que as grantor to Cecil R. Hines conveying the property hereinaf. FOR PARK COMMISSIONER 511 708 467 710 154 218 119 194 248 404 543 709 92 116 167 241 191 251 259 409 386 657 190 244 382 529 422 571 385 525 668 982 203 468 - 5387 7936 1512 1383 442 383 762 1532 265 468 548 805 1280 556 1148 1219 1134 1967 781 16185 ter described pursuant to Ordin. ance No. 18-49 be and the same is hereby approved, Section 2. That the Mayor and and Clerk be and they are hereby authorized to execute same on be- half of the City of Dubuque and that the City Clerk be authorized and empowered to deliver same to Cecil IL Hines. Passed approved and adopted this 5th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Coucbman Councilmen ATTEST: Leo F. Frommelt City Clerk 518 Special Session, November 5, 1969 Councilman Meyers moved ad- doption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays - None, RESOLUTION NO. 374-69 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 "C" BEER PERMIT Nash Finch Company, John Ken. nedy Road Passed adopted and approved this 5th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M Couchman Councilmen AtTEST: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays - None. RESOLUTION NO. 375-69 WHEREAS, applications for Beer Permits were filed by the witWn named applicants and they have received the approval of tWs Coun. cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. ~..~ CLASS "C" BEER PERMIT Nash Finch Company, John Ken. nedy Road Passed adopted and approved this 5th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M Couchman Councilmen ATI'EST: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution, Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays - None. Communication of Dubuque Park Board by Frederick R. Ap. pel Chairman, requesting the ap. pointment of Thomas Schrup to fill the unexpired term of Allan R. Kingsley, deceased, presented and read. Councilman McCauley moved that the communication be referred to the City Solicitor for proper proceedings. Seconded by Mayor Pregler. Carried by the fol. lowing vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays - None. ORDINANCE NO. 43-69 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34 KNOWN AS THE ZON. ING MAP AND ZONING ORDI. NANCE OF THE CITY OF DUBU. QUE SO AS TO CHANGE LOT I OF SARA S. AND EDWARD R. BARTELS PLACE AT CENTER GROVE IN M. L. 243, FROM LOC. AL BUSINESS "B" DISTRICT CLASSIFICATION TO "BUSINESS DISTRICT" CLASSIFICATION presented and read. Mayor Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Special Session, November 5, 1969 519 Mayor Pregler moved that the' rule requiring an Ordinance to be read on three separate days be waived, Seconded by Councilman McCauley, Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays - None. Mayor Pregler moved that a public hearing be held on the Ord. inance on December 1, 1969, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and the Clerk be instructed to publish notice in the manner required by law, Seconded by Councilman Mc. Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman Meyers, McCauley, Schultz. Nays - None. ORDINANCE NO. 44-69 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3.34 KNOWN AS THE ZON. ING MAP AND ZONING ORDI. NANCE OF THE CITY OF DUBU. QUE SO AS TO CHANGE LOT I OF SYLVAN PLACE IN THE CITY OF DUBUQUE FROM "SIN. GLE FAMILY RESIDENCE DIS- TRICT" CLASSIFICATION TO "MULTIPLE RESIDENCE DIST. RICT" CLASSIFICATION presented and read. Mayor Pregler moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays - None. Mayor Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Sehultz. Nays - None. Mayor Pregler moved that a public hearing be held on the Ordinance on December 1, 1969, at 7:30 o'clock P.M., In the Coun. cil Chamber at the City Hall and the Clerk be instructed to publish notice in the manner required by law. Seconded by Councilman McCauley.Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays - None. Mayor Pregler presented the name of Joseph Voelker for re- appointment to the Board of Dock Commissioners for a three year term beginning November 26, 1969. Councilman McCauley concurred in the reappointment of Joseph Voelker. Seconded by Councliman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Thomas G. Schrup was sworn In as a new member of the Park Board, There being no further business Councilman Couchman moved to adjourn. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council men Couchman, Meyers, McCauley, Schultz. Nays - None. Leo F. Frommelt City Clerk Approved 1970 Adopted 1970 ..................................,......................... """""""""""""""""""""""""""""" ..........................,......,...,...................... ............................................................ """""""""""""""""""""""""""""" Councilmen """""""""'-"'" Attest: """"Ciï7'Ci~k Special Session, November 17, 1969 Special Session, November 17, 1969 521 520 3) Approach congressional repre- sentatives for: a) meaningful standards b) Federal Funds c) reasonable time tables for plant modification It is requested that Dubuque be represented at the next meeting by a municipal and industrial reo presentative, I request that you authorize me to represent the city, I will also contact an industrial representative for the city. Respectfully, Gilbert Chavenelle City Manager Councilman Couchman moved that the request to be granted, Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c . Cauley, Schultz. Nays - None. November 14, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor and City Trea- SUrer for the month of October 1969. Also a list of claims for which warrants were drawn. Respectfully, Gilbert Chavenelle Councilman Meyers moved that the reports be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. November 14, 1969 To the Honorable Mayor and City Council Subject: Proposed privately operated, publicly subsidized am. bulance service for the Dubuque area Gentlemen: The subject of elminating the city ambUlance service and sub- stituting a subsidized private op- eration was previously considered by the Council at budget hearings in August. Since that time an additional proposal has been pre- sented to the staff through the efforts of Mr. Charles Egelbof, and it is requested that the matter be brought again to you. I present the following analysis for your consideration. I. THE SITUATION There are seven privately op. erated ambulances in the City. These ambulances are operated by six funeral directors who render service without any subsidization from city funds. The city fire department operates one ambu- lance with three full-time drivers. Most of the calls within the Du. buque area are made by the city service. For practical purpose, private ambulances make all of the "long runs" outside the area, for example, to Iowa City or Rochester. It has been indicated that five funeral directors will not continue the service and that one desires to continue. Thus, six of the seven ambulances will be withdrawn from service. During the past six months we have been contacted by five pri. vate operators of ambulance ser- vice offering to supply the City of Dubuque with privately owoed and operated service. The most recent proposal, and the least cost in terms of city funds, has been made by Tri-State Ambulance Ser- vice, Inc. of LaCrosse, Wisconsin. This proposal is presented. fication for an eighty-five (85) foot elevating platform for the Fire Department. I present this speci- fication and ask your endorse- ment of sending out bids for this equipment. The estimated cost of this equipment has been included in the recent bond issue for fire equipment, CITY COUNCIL OFFICIAL Special Session, November 17, 1969. Council met at 7:30 p.m. C.S.T. Present - Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc. Cauley, Schultz. City Manager Gilbert D. Chave. nolle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Con- ducting a Public Hearing on Re. zoning of a portion of Highland Subdivision, Mineral lots 89 and 90, also lots in Hamblin Subdivi. sian, and acting upon such other business as may properly come before a regular meeting of the City Council. Communication of David Kint- zinger suggesting the possible use of Dow Domes, or something simi. lar, to serve as covers over the sewage filter beds to control odor, In the construction of the new sewage treatment facilities, presented and read. Mayor moved that the communi. cation be referred to the City Engineer for investigation and report. Seconded by Councilman Couch. man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley, Schultz. Nays - None, Communication of State Depart- ment of Health requesting a re- sponse to their communication during January 1969 relating to Air Pollution Control, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz, Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley, Schultz, Nays - None. November 17, 1969 To the Honorable Mayor and City Council Gentlemen: Enclosed is a copy of a speci. Respectfully, R. N, Dunphy, Chief Fire Department Mayor Pregler moved approval of the recommendation. Seconded by Councilman Mey. ers, Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc. Cauley, Schultz. Nays-None. November 5, 1969 To the Honorable Mayor and City Council Gentlemen: A request has been received to improve the street lighting at the intersection of Alta Vista and Martha Streets. The area has been investigated by the Electrical Inspector and it is recommended that at the inter- section of Alta Vista and Martha, and Alta Vista and Rose, that 4000 lumen lights now in place be re- placed by 175 watt mercury vapor lights. Respectfully requested, Gilbert Chavenelle City Manager Councilman Meyers moved ap. proval of the recommendation. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. November 14, 1969 To the Honorable Mayor and City Council Gentlemen: On November 12th, Mr. A. E. Robinson, Water Pollution Control Officer of Keokuk, invited Iowa municipal officers and individual representatives to a meeting to discuss water pollution regulation. At the meeting the group de- cided: - - 1) To cooperate with the State Water pol1ution Con t ro I Board 2) Press for the passage of State aid II. ALTERNATE PROPOSALS TO BE CONSIDERED A. Tri-State Ambulance Service Proposal: 1. The city to give a five year exclusive contract eliminating all other service both private and public. 2. The city to make payment of $12,000,00 per year, paid in advance on a monthly basis. 3. Tri.State to provide one full time crew of two men plus part time help. 4, Tri.State will provide 3 commerical type ambulances to be operated out of a central home location. 5. Tri-State will charge customers: $25.00 per in city call $25.00 plus 60' per load mile per outside city call $ 5,00 oxygen charge if any is used 6. Alternate to the $12,000.00 subsidy, Tri-State will hire two senior city drivers if the city continues to pay their salary, 522 Special Session, November 17, 1969 B. City Operation as Proposed in 1970 Budget: 1. City to provide emergency service in the Dubuque area. 2. City will not provide long run service outside the Dubuque area. 3. The City will continue to provide 3 full time drivers assisted by members of the fire and police departments. 4. The city will provide one new ambulance, and through state and other asistance, a second standby ambuiance vehicle. a. Although "assistance" is expected for the purchase of a second vehicle, if tWs does not materialize the present city ambulance will be retained as standby. B. City Operation (continued) 5. The city will charge customers: $20.00 per city call $27.00 plus 25. per mile per outside city call III. STATISTICS AND ESTIMATES FACTORS A. Estimate, Total 1969 Service Calls, All Ambulances 1. In city and Dubuque area calla 2000 2. Long distance calla 100 Total Service, public 8< private 2100 1969 1970 1492 1660 200 220 108 120 1800 2000 4.9 5.5 18% 18% (excluding long 000000"""""00_"""""""""""""""""""""""""""'" B. Estimate City Ambulance Calls 1. In city calls (approximately 83%) 2. Out city area calls (approximately 11%) 3. Unnecessary calls (approximately 6%) Total calls, City Ambulance Average calla per 24 hour day 4. Uncollected Bills (percent of annual billing IV. COMMUNITY COST ANALYSIS 1970 ESTIMATE distance calls) A. Tri.State Ambulance Service Cost Service Fees 1680 in city calls @ $25 220 out city (aver. 6 mi.) @ $28.60 150 oxygen calls @ $5.00 Total Service Fees Taxes Subsidization payment Pay salaries of two men Salaries per mo. Fringe Benefits $1387.36 188.84 $1576.20x12 Total Community Cost B. City Ambulance Service Cost 1. Revenue from customer fees 1800 in city calls @ $20.00 200 out city calls (aver. 12 mi.) @ $30.00 Total Fees Less 18% uncollected billa Total Fees Collected Proposal Alternate Proposal $41,500.00 $41,500,00 6,292.00 6,292.00 750.00 750,00 ................" .................. $48,542.00 $48,542.00 12,000.00 18,914.00 $60,542.00 $67,456.00 $36,000.00 6,000.00 $42,000.00 7,560.00 $34,440.00 Special Session, November 17, 1969 ~ 2. Estimate Direct Cost of Service Salaries Operating Expense $25,212.00 4,400_00 $29,612.00 Amortize 2 vehicles over 5 years $17,000 -7- 5 years Total Direct Cost 3,400.00 $33,012.00 B. City Ambulance Service Cost (continued) 3, Note, Revenue compares favorably with cost, therefore, there is no property tax subsidization. Total Community Cost equals $34,440.00 V. CONCLUSIONS AND RECOMMENDATION 1. Equivalent service will be rendered by either Tri.State Ambu- lance Service or the city. 2. City ambulance service is a proveD record. Private subsidized service is untried in this city, 3. If most funeral directors withdraw from the amlJulance service the city can handle all work except "long trips." 4. it is assumed that "long trips" can be handled privately 5. A switch to private ambulance service will necessitate the discharge of one city employee and certainly for two others. 6, A contract with the Tri.State Company must be exclusive causing all those presently operating ambulances in the city to withdraw whether they wish to or not. 7. Under private service Dubuque citizens will bear the costs of making the service available outside tbe corporate funits. 8. A switch to private service will cause an increase payment of property tax funds ranging from $6750 to $17,688. 9. City service provides the least direct community cost. I recommend that the City Am. Mr. Charles Egelhof spoke in bulance Service be retained as favor of privately operated ambu- proposed in the 1970 Budget and lance service as previously men. that Ordinance 17-59 be amended tioned in August. He presented to make possible an increase of Mr- Walter Gardner of the Tri. the service charges to be effective State Ambulance Service, who has January 1, 1970. the backing of the Medical profes- Respectfully, sion, hospitals, nursing homes Gilbert Cbavenelle etc. They would operate in Dubu- City Manager que and take care of emergency Councilman Couchman moved and non-emergency cases. All per. that the communication be receiv- sonnel has advanced first aid. ed and filed.. Fire Chief Dunphy explained to Seconded by CouncIlman Schu. the Council what the City presen. Itz. tly is doin¡ in Ambulance service. Carried by the following vot~: We take care of the City, County, Yeas - Mayor Pregler, Councll- also Jo Daviess County and East men Couchman, Meyers, M c. Dubuque and five mi1es oul. Cauley, Schultz. Aft .d bl d' ~ Nays - None, er conS! era e Iscuoo,on Mayor Pregler moved that the reo Mayor Pregler moved that the commendation submitted by the rule be suspended in order to let City Manager be adopted and the anyone present address the Conn. Ordinance to adjust the fees be cil if they so desire. amended. Seconded by Councilman Couch. Seconded hy Councilman Meyers. m~~rried by the following vote: Carried by the following vote: . Yea. - Mayor Pregler, Council. Yeas - Mayor Pregler, CouncIl. men Couchman, Meyers, Me. men Couchman, Meyers, McCauley, Cauley, Schultz. Schultz. Nq¡¡ - NODe. Nays - None, 524 Special Session, November 17, 1969 November 17, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti. tion of Mrs. A. R. Mescher request- ing a four way stop at St. Ambrose and Rosedale. The Traffic Committee review. ed the proposal and it is recom- mended that the petition be deni. ed for the following reasons: 1. It is not desirable to increase traffic on Rosedale wWch the signing of the intersection would probably do. 2. It is not desirable to create an arterial street past the school, 3. The accident record at the intersection does not indicate the need for a four way stop. The Traffic Committee will con- tinue to study the problems in the area, although it is believed that the suggested four way stop offers no solution. Mrs. Mescher bas been informed of ills recommendation of the Committee. Respectfully Gilbert Chavenelle City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Mey. ers. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc. Cauley, Schultz. Nays-None. November 17, 1969 To the Honorable Mayor and City Council Gentlemen: I request authorization to pay the League of Iowa Municipalities Invoice No. 00740 for $125,36, The billing is the city's propor. tionate share of the cost of repre- sentation on the study committee developing collective bargaining legislation for public employees. I am attacWng an explanatory letter from Mr. Hays dated Octo- ber 24th. Respectfully, Gilbert Chavenelle City Manager Councilman Meyers moved ap.- proval of the request. Seconded by Councilman Couch. man, Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c. Cauley, Schultz. Nays - None. November 7, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hearing on a proposal to reclassi. fy, from Single Family Residence to Multiple Residence, property described as Lot 1 of Lot 1 of Lot 1 of Lot 1 of Cullen's Subdivision in the City of Dubuque. This property is located west of Abbott Street and has access to the end of Lowell Street. At the public hearing on the proposal, the Commission received a petition bearing 11 signatures and stating objection to the pro- posaL Mr. Bernard M. Fahey, 949 Clarke Drive; Mr, Donald Starkey, 1787 Scenic View Drive; and Mr. Martin Arling, 3035 Lindale, were present to state objections to the proposal. It was pointed out that the only access to the area would be through a single family resi. dential area, and on a street de- signed as a local residential street. At the present time there is no way to provide direct access from this property to Clarke Drive. It was the opinion of the Com- mission that tWa increase in traffic on the residential streets would distract from the neighbor. hood amenities. It was also the opinion of the Commiasion that it is physically possible to develop the area for single family resi. dences. It is the recommendation of the Planning and Zoning Commission that the property described above, remain in the Single Family Resi- dence Classificiation. Respectfully, submitted City Planning and Zoning Com. mission Don Gilson City Planner Mayor Pregler moved approval of the recommendation. Seconded by Councilman Mey. ers. Carried by the following vote: Yeas - Mayor Pregler, Council- Special Session, November 17, 1969 525 men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. November 7, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hearing on a proposal to reclassify from Single Family Residence to Multiple Residence, property de. scribed as, Lots 4, 5, 6, 7, and 8 of Lot 2 thru 11, all in Brunskill's Addition; and Lot 4 of Block 15 in Steger Heights, all in tbe City of Dubuque. At the hearing, no one was present to speak for or against the proposal. It was pointed out that the pro. posal is in agreement with the proposed zoning plans for this general area and that this area would be accessible from Univer- sity Avenue, which is part of the arterial street system. It is the recommendation of the Planning and Zoning Commis. sion that the property, described above, be reclassified from Single Family Residence to Multiple Re- sidence. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Couchman moved approval of the recommendation and that same be referred for pro- per proceedings. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c. Cauley, Schultz. Nays-None. November 7, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed are. quest to have property, located at 1105 Loras Boulevard, reclassified from Local Business "A" to Local Business "Bu. rn reviewing the request the Commission found that substantial area in the vicinity of this site is classified Single Family Resi- dence and Two Family Residence on the zoning map, and that plan. ning for ills area envisions that these areas will remain in this classifcation. It was the opinion of the Commission that some of the uses permitted in the Local Business "B" District would not be compatible or provide service to the surrounding residential area. It is the recommendation of the Planning and Zoning Commission that the property at 1105 Loras Boulevard remain in the Local Business "Au Classification. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved ap- proval of the recommendation, Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c- Cauley, Schultz. Nays - None. November 11, 1969 Honorable Mayor and City Council Gentlemen: On March 7, 1967, Emil Althaus andThelma Althaus as Plaintiffs commenced an action against the City of Dubuque and George A, Saffran doing business as Saffran Construction Company claiming damages in the total amount of $5,000.00 as a result of property damage allegedly suffered by the Plaintiffs as the result of a rain storm on July 22, 1962, as tbe result of which rain storm the alley lying immediately east of the premises of the Plaintiffs was under construction and by reason of said construction no provisions were made for the drainage of surface waters therefrom, and said construction literally trapped said water causing undue pressure to be exerted upon the foundation of the Plaintiff's home and causing same to collapse and consequently damaging said foundation as well as the contents of the basement. This matter has been contested by the Defendants and same has been ready to go to trial and the Plaintiffs have made an offer of settlement in the amount of $3,000.00, and it is recommenda. tion of the City Attorney that said offer of settlement be accept. ed and that the City's share of said settlement is in the amount Special Session, November 17, 1969 Special Session, November 17, 1969 527 526 in support of the recommendation of the Planning & Zoning Commis- sion, Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. ORDINANCE NO. 39-69 An Ordinance Amending and Changing Ordinance No. 3-34 known as Tha Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certailt property hereinafter describecl from -Multiple Residence District" Classification to "Single Family ResIdence District" Cla..lflcatio, saM Ordinance having been pre. viously presented and read at the Council meeting of October 15, 1969, presented for Final Adop- tion. necessary for Mr. Schrup to wait until January 1, 1970, to take Ws seat. This communication is being forwarded to the Park Board for its information and guidance. Respectfully submitted, R N. Russo City Attorney Councilman McCauley moved that the communication be receiv. ed and filed. Seconded by Councilman Mey. ers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays-None. Notice of Claim of Mrs, Robert R. Wolf, in the amonnt of $22.15, for car damage incurred as the result of striking a defective rock curb near the corner at Stafford and Rhomberg on November 2, 1969, presented and read. Councilman McCauley moved that the notice of claim be refer- red to the City Solicitor for in- vestigation and report. Seconded by Councilman Conch. man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz, Nays - None. Notice of Claim of Elaine F. Callaghan, in an undetermined a- mount, for personal injuries received in a fall in Asbury Street near the curb at 1701 on October 8, 1969, presented and read. Councilman McCauley moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couch. man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc. Cauley, Schultz- Nays-None. Notice of Claim of Edgar L. Fri- low<, in an undetermined amount, for car damage as the result of a snow and ice condition at the inter. section of Loras and Alta Vista on November 14, 1969, presented and read- Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- maR Couchman, Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None, Proof of Publication, certified to by the Publisher, of notice of public hearing to rezone and a. mend the Zoning Ordinance and Zoning Map 3-34 so as to change W% of Lot 13 of Lot 3; E% of Lot 13 of Lot 3; Lot 14 of Lot 3; Lot 15 of Lot 3; Lot 16 of Lot 13: Lot 2 of 2 of 17 of Lot 3; Lot 1 of 2 of 2 of 17 of Lot 3; Lot 2 of 2 of Lot 18 of Lot 3; Lot 1 of Lot 2 of Lot 18; Lot 19 of Lot 3; all of Min. eral Lot 90; Lot 2 of 2 of 1 of 1 of 1 of M. L. 89; Lot 1 of 5 of Lot 1 of M. L, 89; Lot 1,2,3,4, Lot 1 of 5, Lot 2 of 5, Lot 1 of 1 of 6; Lot 2 of 6; Lot 2 of 1 of 6 of Block II Hamblin Sub. from Multi- ple Residence District Classifica. tion to Single Family Residence District Classification, presented and read. Mayor Pregler moved that the proof of publication be received and fùed. Seconded by Councilman Mey- ers, Carried by the following vote: Yeas - Mayor Pregler, Council- meu Couchman, Meyers, MC' Cauley, Schultz. Nays-None. Frank and Sam Pusateri, owners of Lot 15 and 16 of the Sub. of Lot 3 of M. L. 90 stated that they held title to the said two lots since October 1961 and they have submitted proposed plans for an apartment complex to the Build- ing Department. They requested that their lots be removed from any request for rezoning. Mr. Don. aid Bechen, Walter Pitz, Delmar Gavin, all requested the rezon. ing to Single Family due to the court area, outside of the Pusateri lots, are all single family dwell- ings. After considerable lengthy dis- cussion Mayor Pregler moved that discussion be closed. Seconded by Councilman Couch. man. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c . I:auley, Schntt%. Nays-None. Councilman Couchman moved of $1,500.00 plus costs of this actiou. It is the recommendation of the City Attorney that said claim be settled and that the City Auditor be instructed to draw a warrant payable to the Plaintiff in the amount of $1,500,00 and the costs of this action in the amount of $29.50. Original Notice with Petition attached is returned herewith. Respectfully submitted, R N. Russo City Attorney P.s. For your information, Gentle. men, there was a claim filed shortly after this incident in Au- gust of 1962 and said claim was denied by the City Attorney. Mayor Pregler moved that the recommendation of the City At- torney be approved, Seconded by Councilman Sch- ultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays - None. November 6, 1969 Honorable Mayor and City Council Gentlemen: At the meeting of the City C"uncil on November 5, 1969, communication was received from the Park Board of the City of Dubuque, Iowa, asking that the City Council appoint Thomas G. Schrup for the portion of the term of Mr. Kingsley who is deceased, This matter was referred to your City Attorney and I have investi- gated tWs matter and beg to ad- vise that in accordance with Sec. tion 370.3 of the 1966 Code of Iowa the Park Commissioners shall qualify by taking the oath of of- fice within ten days after their election and organize as a board by the election "f one of their number as chairman and one as secretary, and also providing for the posting of surety bond in the principal amount of $1,000.00. In view of the foregoing it is my opinion that under said Section that Mr. Schrup having been sworn can now proceed to take his seat with the present members of the Park Board and thereupon they should hold their own election for a chairman and secretary. It Is my opinion that it is not OROINANCE NO, 39'" AN ORDINANCE AMENOING AND CHANGING ORDINANCE NO. ..,. KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE SO AS TO C"ANGE CERTAIN PROPERTY "EREINAF- TER DESCRIBED FROM "MULTI, PLE RESIDENCÈ DISTRICT" CLAS- SIFICATION TO "SINGLE FAMILY RESIDENCE DISTRICT"CLASSlFI- CATION NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQU'E, IOWA' s«"on I. That O'dloan.. No. 3-34 '",wn .. the Zoning Mo. and Zoning o.-d;nonce of ihe cay Of Dubuque. ,-. be and the ..me IS h..eby ,mend'" by changing loom "MultIple R"ldenCe alS- "'e'" Clmtll"lIon to "SIngle Famlty R"'dence 0""101" ClaS>lfkaliq. the fol- lowing de",lb'" "ar ....te. to-wit, wy,otlot t3Of 1003 of MIroer" Lot 00, E 'hof lot t301 lot 30f MIn"ar Lot .., Lot" of 10' 3 of Mlne..1 Lot ", Lot " of Lot 3 01 Mlne..' Lot 90, Lot \6 01 lot 3 of Mln"al Lot 90, Lot 2 of Lot 2 ot io' 2 of lot 17 of 101 3" MI....ar Lot90,Lot lof Lot 2" Lot20f LoO'10f 100'01 M..".I Lot 90, Lot 2" Lof2of lof 18 of LoI3 OfMln""Lot 9O,Lo"of lot 2of 10'. 18 01 lot 3 ot Mineool LOI 90, Lot .. 01 .. , ot Mln",¡ Lot go, Lot 2 of 10" of loll of tot , ot JoftofMlne,,1 Lotrw, Lot 10lJot 5otJo""MlnenlLot..,allln the Clly of Dubuque, Iowa¡ .nd Lof 1.2.'.'.10' lof"5,IoO 2 of lot 50 101 1 of Iqi 1 ot 10' ,. lot 2 of lot " lot 2 of tot , of 101 . of -. II .11 In MambUn s..b- dtv"'on aU In the Clly Of Du""que, low' ...,ed, 'I>P"'" end adopted thl, \1 d&YOfN""""","", walt" A. "",,'e, MaY"< Sylmte' McCauley Me<Un F, Schull. Don," R. Me,.... Gaylo,d M, CO"hman Coun,"onen ATTEST, Leo F, Foommelt Cay Cle" Pubi""" ofll..alty ,. the ToI.,."ph- H""d Newspape' th" 20th day of No- ..mber ,.... Leo F, ",ammell ff. 11,21> City CI... 528 Special Session, November 17, 1969 Councilman Meyers moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c. Cauley, Schultz, Nays - None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider a- mending the Zoning Ordinance and Zoning Map No, 3-34 so as to change all of Block "C" and Block "D" and the following por. tion of Block "A" described as that portion of Lot 1 of Block "A" in Highland from Single Family to Multiple Residence District Classification, presented and read, Councilman Meyers moved that the proof of publication be receiv- ed and filed, Seconded by Councilman Couch- man. - Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c- Cauley, Schultz. , Nays - None. I Communication of C. J. May, Jr. attol'Iley, requesting permission to , address the Council relative to reo ' zoning of Highland, as a repre. sentative of Len Timmerman. Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley, Schultz. Nays - None. Mr, C. J, May, Jr. addressed the Council by stating that the area proposed to be rezoned to Multi- ple Residence in "Highland" is on a sloping terrain and is in a valley. The homes situated adja- cent to the property and lying to the south are higher in eleva- tion and would not be adversely affected by the proposed rezoning. Mr. Alan B. Chidley presented a petition signed by fifty three citizens in the area objecting to the rezoning of the area to Multiple Classification, Mr. Dick Davis ob- jecting to the rezoning on the basis of devaluation of the single family property area. ORDINANCE NO. 40.69 An Ordinance Amending and Changing Ordinance No. 3-34 -- known as The Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Family Residence District" Classification to "Multi. pie Residence District" Classifica. tlon. said Ordinance having been previ. ously presented and read at the Council meeting of October 15 1969, l'resented for~,!ill~I",adoPtion. ATTEST' F. F","melt Cleok 2~~e d¡~'Wa~~ !! 1\028 Leo F'cr~~~~~t Councilman Couchman moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley, Schultz. Nays - None. ORDINANCE NO. 45-69 An Ordinance Amending Ordl. nonce No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended. by enacting a new subsection 29, a new subsection 30 and a new subsection 31 of section A of schedule IV to limit parking of motor vehicles on H yem Special Session, November 17, 1969 529 streets hereinafter designated, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi. nance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c- Cauley, Schultz. Nays - None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley, Schultz. Nays-None. ORDINANCE NO, 45,69 AN ORDINANCE AMENDING CRCI, NANCE NO, 33-49 KNOWN AS THE "'TRAFFIC CODE OF DUBUQUE, IOWA"' AS AMENDED. BY ENACT- ING A NEW SUBSECTION 29, A NEW SUBSECTION 30 AND A NEW SUBSECTION 31 OF SECTION A OF SCHEDULE IV TO LIMIT PARKING OF MOTOR VEHICLES ON STREETS HEREINAFTER DESIGNATED, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA' S"lion t, That O'dln,n" No, 33-49 known" the "'Toamc Cod' oJ D,buqu', Iowa"' a> amend'd be and the ..me IS h"eby am,nd'" bY' ",,"ng a new >ub,,<llon 29, a new >ub,eetlon 30, and a new >ub"dlon 31 to Section A oJ Sohed- ," IV a> follow>' Soh"'ule IV, A. 29, SOuth "de of Ea" 12th St,eel "om White St"" to J"Kson S"eet, 30, N"th "d' of E"t t3th St.." "om Elm Weel to W"h!og, ton St"'t, 31, SOuth >Ide oJ Ea" 14th St"" "om Wh!" St",t " J"'- <on S',eel. P""'" appoo"d and ,dopled "" 17th d,y of Novemb", 1969, Walt" A, P"91" May" Sylv"'" MoCooley M"lIn F, "hult, Do,,'d R, Meym Gaylo,d M, Couohman Coun<Hmen ATTEST' Leo F, Foomm,1t CIty CIe,k pubn>h,d omolally In. the T,I'9"ph- Heoald N,w,pap" \hI> 20th doy oJ No, "mb" 1969, L" F, F"mm,1t It, 11,20 City CI"k Councilman Meyers moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c . Cauley. Schultz. Nays-None, ORDINANCE NO. 46-69 An Ordinance Amending Ordi. nonce No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection 5 to section C of sche- dule X thereof, to require East. bound vehicles to yield right of way before entering the inte.... section of Forest Lane end Booth Street, presented and read. Councilman Meyers moved that the reading just had be consider. ed the first reading of the Ordi- nance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c. Cauley, Schultz. Nays - None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Secanded by Councilman Couch. man. Carried by the following vote: Yeas - Mayor Pregler, Council. men Cauchman, Meyers, Mc. Cauley, Schultz. Nays-None. ORDINANCE NO: 46'69 AN ORDINANCE AMEND""G DR, DINANCE NO, 33.49 KNOWN AS THE "'TRAFFIC CODE OF DU- BUQUE, IOWA" AS AMENDED, BY ENACTING A NEW SUBSECTION S TD SECTIDN C OF SCHEDULE X THEREOF, TD REQUIRE' EAST- BDUND VEHICLES TO Y IE L D RIGHT OF WAY BEFORE ENTER, ING THE INTERSECTION OF FOR- EST LANE AND BDDTH STREET, NDW THEREFDRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IDWA, "<lion 1. That D'dlna"" No, 33" " amend'd, known" the "'T'amo Cod, oJ Dubuque, Iowa"' be' and the ..me I, hmby ,mended by adding anew>ub"olionStoS,dlonCoJ "h"'ul, X th"'oJ " follow>, Sohedule X, C, E"fbound "h"'" mu" yl,'d be. """Ie,'ng the In""eclionoJ, S, F"'" La.. and Booth St"", Pmed, appoo"d and adopted ihl> 17\1> day" Novemb". 1"', Walt" A, Poogle' May" Sylv"l" MoCOuley Me"'n F, Sohul" Donald R, MeV"> Gaylo,d M. Couohman coun<IIm'n ATTEST' Loo F. Foommelt City CI"k PUbn,hed oftlolalty In the Tel"..ph, Heoald N,w>pap" th!> 20th day of Nov, emb", "69, Loo F, F"mmelt City CI,,' 11,11,20 Councilman Meyers moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler. Council. 530 Special Session, November 17, 1969 men Couehman, Meyers, M c . Cauley, Schultz. Nays - None. ORDINANCE NO 47.69 An Ordinance Amending Ordi. I nonce No. 33-49 known a. The' "Traffic Code 01 Dubuque, Iowa" as amended by enacting a new Subsection 6 to Section D of sche. dule X thereof to require west. bound vehicles to yield right of wtr¡ before entering the interse- tion of Forest Lane end Booth Street, presented and read. Councilman Meyers moved that the reading just had be consider. ed the first reading of the Ordi- nance. Seconded by Mayor Pregler, Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c . Cauley, Schultz. Nays - None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Coueh. man. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c. Cauley, Schultz. Nays-None. ORDINANCE NO. 47,69 AN ORDINANCE AMENOING OR- nlNANCE NO, 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENnED BY ENACT- ING A NEW SUBSECTION 6 TO SECTION 0 OF SCHEOULE X THEREOF TO REQUIRE WEST- BOUND VEHICLES TO YIELO RIGHT OF WAY BEFORE ENTER, iNG THE INTERSECTION OF F08, EST LANE AND BOOTH STREET, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA' SectIon t. That o,dl"n" NO, 33-49 .. ,mended .nown a' the "T,,"1e Code of DubUque, Iowa" be and the ..me I> he"by amen""" by adding , now ,ub",tion 6 to "<lIon 0 of Sch"'ule X the"of " tollow" Sct>edule X, 0, W..tbOund vehl<l.. mu" yield be, to" ent"lng tha In"""ti" 01" 6, Fe",t Lane and Booth Slreet, p....d, "P'ev'" aod adopted '_thl, 17th day" Novembeo, I"', Wa"" A, p".Ie, May" Sylu..t" M<Cauley Me,IIn F, SChultz Donald R, Mev'" Gaylo'd M, CeUChman Coundlmen ATTEST' .... F. ",,"melt city C¡". Publt""" "",IaItV In the Te"O"""- Heoald Ne"",ap" 'hi, 2OIh day 0' Neu. emb", 1969, Leo F, Frommett Cltya"k ".11"" Councilman Meyers moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc. Cauley, Schultz. Nays - None. ORDINANCE ND. 48-69 An Ordinance Amending Ordl. nance No. 33-49 known as The "Traffic Code of Dubuque, Iowa" as amended by enacting a new Subsection 104 of schedule VI thereof to prohibit the parking of a motor vehicle on the east side 01 Elm Street from 19th Street to 20th Street and on the west side of Cox Street from Kirkwood Street to Lons Boulevard, presented and read. Councilman Meyers moved that the reading just had be consider. ed the first reading of the Ordi- nance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley, Schultz. Nays - None, Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Couch. man. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c- Cauley, Schultz, Nays-None. ORDINANCE NO. 48.69 AN ORDINANt< AMENOING OROI- NANCE NO, 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ENACT, ING A NEW SUBSECTION '.3 AND A NEW SUBSECTION 104 OF SCHE- DULE VI THEREOF TO PROHIBIT THE PARKING OF A MOTOR VE- HICLE ON THE EAST SIDE OF ELM STREET FROM t9fh STREET TO 20th STREET AND ON' "mE WEST SIDE OF COX STREET FROM KIRKWOOO STREET TO LORAS BOULEVARO, NOW THEREFORE BE IT OROAINEO BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA' S""on I. That O<dln,n" NO. 33-<9 " amended, known" 'he "T"m, COde of DU""...., 10..." be .nd the same ", h","y omen"'" by _'n. a new 'u.."tlon '.3 ,nd a new 'ub, ",tion 11M to Sch_. VI th......, ,,- " folio,"" Vi he E"t sid. "" Elm ..- Nloeteenlh ..,... to Twen. St,eet, ""~mtheK,':'.~1d1~~ ~:: a""",,- Special Session, November 17, 1969 531 P",ed, a""v". ana adopted 'hI> t71h day of Noyemb", t.." W,It" A,"'..I" Mave' Sylv..t" M,Cauloy Me<11n F. Sc,,",I,' Donald R. Meyen Gav'e'd M, CouOhman Councilmen ATTEST, Leo F. F"mmelt City CI,,' Pub",hed of"'lalty In lhe T"eo"ph, """d New".." thl> 20th d.y of Nov em"" 1969, Leo F, F"mm~1 Cltv CI.., 11,11,2. Councilman Meyers moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, !II c . Cauley, Schultz, Nays-None. ORDINANCE NO. 49-69 An Ordinance prescribinll re- gulations for the use of the City of Dubuque, Iowa Street Municipal Parking Garage, fixing fees for use thereof, prescribing powers of City Manager In connection there- with, and providing penalties for violation thereof, presented and read. Councilman Meyers moved that the reading just had be consider. ed the first reading of the Ordi- nance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley, Schultz. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Couch. man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays - None. OROINANCE NO, "" ANORblNANcE 'RESCRIBING RE- GULATIONS FOR THE USE OF THE CITY OF DUBUQUE IOWA STREET MUNICIPAL PARKING GARAGE. FIXING FEES FOR USE THEREOF, PRESCRIIING POWERS OF CITY MANAGER IN CONNECTION THEREWITH, AND PROVIOING PENALTIES FOR YiOLATiON THEREOF, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CtTY OF OUBUQUE, IOWA' Se<lion '- The City Ma..s" "all cau>e to be '"""'ed In "'e lowe Sf"" ""'niclp,. P"klns G",.' """e,,"" 'evlce, te ",u",e to,. fhe "II"lIen ef fee, ~d the "",,"tlen. <antroI and In- ""tIP" of mot" vehl,l.. p,,'ed th"e;n. sectlO. T- E..h mot" ,,"""e ""," 'n the Iowa "",t Munl,lpal p,,1<Ing Goo." >hall be pa"ed within 'u,h ...-..ng """ " '" e"abll>h'" and "",".IOt'" by a",_'ate m"kln.. and each mol" vehl,le op"ated e' mov'" '"""n and th"",,m ..,11 be ....at'" '" mev'" wIthIn the t"m, "n" "'ab, ",hed ,nd d"lonafed bV ,.."p,iate m"klno', " >hall be "ehlblled to< any""",, ",m. ,,">ola"on " ",..... lion to '"u.., allow, ",mil" ,",fe, ,ny moW vehl,'e oegl>,...d In 'he name of ,uch """,, lI,m, "","lion ~w.;o~I';".::",().u~f",~~ ,I"'.:~g bn...~~ In a ..,"'on not enll"ly wIthIn ,u,h m""" ",king ..." " In ,u,h , ma- " will ob"'ucf ,he t"e meve- men' of mot" vehl"" In 'udt m,,"" Iraffle "",,, Sedion 3- No met" vehicle ,",II be ""'" Inte a ,,'kino "", mept in thO'" ,pac.. which "e laid off "".htanol..tothed,,'sn,t'" "af'" lone', ..,lIon 4, NO o,e"t" ot a Iru,' vehicle, oth" than a ,lekup "u'" ,hall ope"te " d,'ve ,u,h "u,' vehlcie Into" In 'he Iowa St"el Munl,lpal P"klns Go,..e, Setllo. S, NO o,...af" of any moto, vehicle hovlng ,"jeellon, Ihe,,"óm In' ex,," ot >Ix tee' nine In,h.. In helShf " whl,h " In ex"" of "X tee' nine In,h.. ",,") In height, ,hall e",,1e " d"ve Into" In fhe Iowa ",eet Munl,lpal p"klng Ga"ge ,u,h mot" vehl,Ie, Sedion6.U"ot'heiowaStreei ~U~~"¡~~ ~:;~:~g ;:~~~,:'~' 0':":::;;:: vehlcl.. t" a ,e"od not to ""e'" the maximum" iwentytou' hOu" In a "ngle p"klng p..lod, ex"" that the Cltv Ma"g" m.y "",ve mt,'n ",king """ th"eln to lenon', upon , month,Jo-month b..I> u,on ,ayment In ,dvan" of the monthly "ntal ,hooge, s.....a 7. NO ..,"'"' firm, ."""lIon " ",.."lIon ,",II "ean out" w"h moJo, vehl,"'. <hon.. ","" ,ho.go 011. 0<' make ,..a", to any moto, vehlel.. pa""" in the Iowa .".eeI Munl, cipai ""k"" G",se, ""e,' SUCh nee.., "'Y w...' to ,toot " move a moto, vehicle "om the P,,"ng G",.. may be ...-mllted Jo' woft pur"".. -- Section 8, The City Manao" 'holl d,,;gnale the hOu" doTIng whl'" the Iowa S"", Municl..f P"klnsG.nge wltl be open too t"n,len' ",kino bu,I, n"" He .....i ",bll>h n'- of 'uch houo> by p"mlnently dl>,laylng ,u,h ...'Ie. wi"'in the -- """'Se. The CIty Manag'" >halt ke.. the City Coun'" In",m'" of ".. hOu" of opening an. _log the<eOf e' any Ohange .. ...'" h"'.... ff " intended he',"y 'hat "sui" ","i" he"" "alt be esta.II'h'" ... ..e op...."'" 01 the loW' ..- M""",,, pal p"klno G""e, but'" additIon, ",mil ,uch flexibIlIty In the ..toblts"'" """,, so ih" the Iowa ....et .....,lcJpol p,,",ng G..... <on be o....t'" ac""d, Ing to .."Ice demand, ..""Of even" and hOliday ,h_tng --""'-1$. S"tJon ,. The CIty Man,.", with ..e '......', of O>e City eounen, ,"," fix ... ..tabU,h the fe" ."" """0" to, ",.",g of mot" vehlOl.. in ",e lOw> .".., MutiClpai P""'-In' G,,- Su,h fee> and ch"g.. ,",II be ,ublished by ",tins the>eof ",mlnently within !he -. S""", ""'nl"pal P""'", G". "Se~dlo. to. When ,u,h p"klng """ ore "tob",he. and m,,'ed and the .."""at. "'vl'" i" fh. <o""tJon of fee> ,nd ,h"g" and the ",<tul,"'n of mot" vehlol.. hove been -..... and ",",no "," hove been """"""" 'nd """', then" "al1 be untoWful ""d . viola"'" 01 thi> """n"", .., ,ny ",>on, ",m, "",Iation " ",-po". 'Ion to ,"use, ,!tow, ...mlt 0<' "",", ""y motor yehl<l., ,..,"...ed In ,he name of ""h pe"on, ",m, .",,"tion " ",po"tlon " be ,at'" tn ... 532 Special Session, November 17, 1969 - -- open'" to the .ene..' PUbll'- without tee peymenf, at ~n"'fo" "\:'" "~~' ::,~ft'~~y to:ehf~: ..."t"ed In- su,h pmon" name to be p,,"" In the Iowa "oeet Mun"'..' p,,'ing G"a.e without paymen' " fee, Se"lon 11. lt,h,1I be the duly of the City Mona." to eppolnt "me pe,. ... " pe,>on, to """Ie the Iowa "oeet Munl,lpel P"klng G"age, 'eep ",..ds ot It> op...tion, <o1t"t fee>, ",..d and de",,1t su,h fee> end place 'hem in the P"klng Met" Fund, Seetlon 12, Any p,,>on vlolallng ,ny p"v"lon, of th" O'dln,n" ,h,1I be deem'" guIlty of a ml..em..n.. ,nd upon <onvl,tlon the,," "alt .. punISh'" by a line not me""ng One Hund,'" Oollm(StQQ,gg), " upon fall"" to pay ,u<h fine, ",It be Imp,""'" ... , f:lr:'n n~i, e~~'1r'i~~d¡~~~¿e (~~"rab'.; In lull fo,ce ,nd offe,t "om ,nd "'" It> final p....ge, ,dopllon ,nd publl"- lion .. 'equl,'" by law. P....d, ",pmed ,nd ,dopfed thl' t7lh d,y of Novemb", "69. Walt" A. "eol..- Mey" Sylve>t" McCauley M"lIn F, S,hultz Ooneld R, Meye" G'Y'"d M, COu,hm,n Cou",IIman ATTEST, Leo F, F<ommelt City CI,,' Publl,hed otfl,I,lty In the Tele."ph- H"ald New>poP" th" """ d,y of No. vem'" '969, ' Leo F. F<ommelt Cltv CI". 1t,1I.20 Councilman Meyers moved adop. tion of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c. Cauley, Schultz. Nays-None. ORDINANCE NO. 50-69 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Section 16.9 thereof and anacting a new Section 16.9 in lieu thereof, pro- hibiting the Parking of Motor Vehicles In Bus Stops, presented and read. Councilman Meyers moved that the reading just had be consider. ed the first reading of the Ordi nance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. -'" Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c - Cauley, Schultz. Nays-None. OROINANCE NO, "69 AN ORDINANCE AMENDING ORDI, NANCE NO, 33,49 KNOWN AS THE "TRAFFIC COOE OF OUBUQUE. IOWA" AS AMEN OED, BY REPEAL. ING S"tlon 16,' THEREOF AND BY ENACTING A NEW SECTION ló,' IN LIEU THEREOF, PROHIBITING THE PARKING OF MOTOR VEHI, CLES IN BUS STOPS, NOW THEREFORE BE IT ORDAINEO BY THE CITY COUNCIL OF THE CITY OF OUBUQUE, IOWA, Seelloo i, Thet O'dlnen" No, 33.49 be ,nd the ..me i, h"eby emend'" by '..eallng "'lion 16,' fh",ot end enacting a now ,,"'on 16,' In lieu th"eot .. tollOY", "16,' WI>"e "ac" h,ve been '" ,p"i by "~on, " m"klng, to, bus stop" " po..eng" ..ne>, It ,h,1I be unlawful du"ng the hou" of bus ope..llon" t"m .,00 A,M, to ,," P,M, on Mondey end F<idey end f"m .,00 A,M. '0 .,30 P,M, on Tue>. day, W"'ne>day, Thu"d,y, ,nd Sa'- u,d,y " each wee', public holideys exclud"', end "om_',OO A,M, to ,," P,M, on the day> of ihe wee. du"ng ,he "Ch'lStm.. Shopping nay'" de- "gn"'" by ,he bu' <ompony, f" 'he op"af" °' any Yehl,Ie, oJh" than a bu', to stand" p'" in eny ,u,h oftl,I,lIy de>lgn,ted bu, ,top, excep' that the ope"", of any p", ,eng" v,""1e may tempomlly stop In any su,h bu, "ace" stop '" ihe pu'po.. " and while e"ually engag'" In 'he loading °' unloading " p...eng",," P....d, app"yed 'nd adopfed ih" 17th dey oJ Novembe" ,.." Walt" A, ..""" May" Sylv..'" M'Ceuley M"linF, "hultz Ooneld R, Meye" G,yl"d M, Cou,hmen Cou",lImen ATTEST, Loo F, F"mmelt City CI". Published ot",I",y In the Teleg"ph, H"ald New>pap" thIS 20th day 0' N", em... "69, Leo F, F"mmell City Ct.., 1t,1I-20 Councilman Meyers moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c . Cauley, Schultz. Nays-None. Petition of Iowa National Invest- ment Co. & J. H. Schlitz Trust requesting rezoning of Lot 1 of 1 Lot 2 of I, Lot 2 of 2 of Bryne Subdivision, Lot 2 of 1 of Bonson & Stewart Subdivision, Lots 1 to 5 Bryne Sub. No.2 to Local Busi- ness "B" classification, presented and read. Councilman McCauley moved that the petition be referred to the Planning & Zoning Commis- sion. Special Session, November 17, 1969 533 Seconded by Councilman Mey. ers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley, Schultz. Nays-None. Petition of Dubuque County Tuberculosis and Health Associa. tion requesting permission to dis- tribute bangles on November 28th and 29th at the shopping centers and also downtown, presented and read. -Mayor Pregler moved that per. mission be granted for Downtown distribution, realizing that the Council cannot speak for shopping centers, all subject to approval of the City Manager. Seconded by Councilman Couch. man. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc. Cauley, Schultz, Nays - None. Petition of John J. HeiderscWet requesting permission to connect to sewer and water at the corner of Jackson and Euclid Streets, pre- sented and read. Mayor Pregler moved that the petition be referred to the City Manager for investigation and reo commendation. Seconded by Councilman Schu. ltz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc. Cauley, Schultz. Nays-None. November 11, 1969 Honorable Mayor and City Council Gentlemen: That on the 4th day of Novem. ber, 1969, Barbara R. Robinson died intestate in the City of Du. buque, Iowa, and at the time of her death she was the owner of the following described real estate, Easterly half of Lot 352 in East Dubuque No.2 in the City of Dubuque, Iowa, according to the recorded plat thereof. Administration proceedings were commenced at that time by Mr. Ed C. Tschudi at the request of the State Board of Social Welfare and efforts were made to sell the said real estate through the estate at that time. That said Ed C. Tschudi passed away on February 27, 1963, and thereafter the State Board of So- cial Welfare requested R. N. Russo to act as Administrator in order to finally dispose of the admini- stration of tWs estate. Since 1961 numerous efforts were made to sell said real estate and no offer in excess of $500.00 was able to be secured. On August 21, 1969, the Court entered an order authorizing the successor administrator, being the undersigned, to sell said real estate for $1,000.00 to James Swift of Dubuque, Iowa. However, there are unpaid gen. eral taxes and unpaid special as. sessments levied against said pro. perty in the total amount of $1.729.75 and that the same was sold to Dubuque County for tbe sum of $1,149.17. The proceeds of the sale of said real estate are not sufficient to pay for said general taxes and special assessments and it is ex. pected that from the proceeds of sale the sum of approximately $400.00 will remain to be applied toward the taxes and special assessments. This writer has communicated with the Board of Supervisors and they are in agreement that they will compromise and settle the general taxes on the basis of two-thirds of the net proceeds from said estate paid to the County provid. ing that the City of Dubuque com. promise and settle for the total special assessments on the basis of one-third of the net amount remaining after tbe payment of expenses and debts and costs of administration of said estate, It should be born in mind that while this is not a profitable ven. ture, this matter has been hang. ing fire for some eight years. The property is in a state of deprecia- tion and the sale of said property to an individual, of course, would place said property upon the tax rol1. It would be further understood that the buyer would demolish said premises thereby eliminating the need of the City of Dubuque to condemn said property and to demolish the building and thereby incurring additional expense wWch would only be recoverable by as. 534 Special Session, November 17, 1969 Special Session, November 17, 1969 535 serting a lien against the property for same. Respectfully submitted, R. N, Russo City Manager Councilman Couchman moved that the commnnication be reeeiv. ed and filed made a matter of record. Seconded by Mayor Pregler. Carried hy the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c . Cauley, Schultz. Nays-None. RESOLUTION NO. 376-69 WHEREAS the communication of R. N. Russo, Administrator of the Estate of Barbara R. Robinson, deceased, has been submitted to the City Council; and I WHEREAS it appears said estate. has sold the only parcel of real estate in said estate to James Swift for the sum of $1,000.00 wWch real estate is described as follows: Easterly half of Lot 352 in East Dubuque No.2 in the City of Dubuque, Iowa. according to the recorded plat thereof. WHEBEAS there are special assessments in the total amount of $580.58 levied against said real estate in addition to general taxes in the amount of $1,147.67; and WHEREAS. the Board of Super. visors of the County Dubuque have agreed to compromise the general taxes and settle same on the basis of payment of two-thirds of the net proceeds remaining on hand in said estate after the payment I of expense of administration and costs incurred therein; and WHEREAS the City of Duhuque should compromise and settle the special assessments levied against said real estate in the amount equivalent to one.third of the cash balance on hand in said estate after the payment of the costs and expenses of administration, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City Mana- ger and City Treasurer be and they are hereby authorized and directed to compromise the special assessments levied against the real estate hereinsbove described in an amount equivalent to one.third of the net cash proceeds remaining on hand in said estate after the payment of expenses and costs of administration and upon payment of two-thirds thereof to Dubuque County in compromise and settle- ment of the general taxes levied against said real estate. Section 2. Be it further resolved by the City Council that the City Manager and the City Treasurer be and they are hereby authoriz- ed and directed to do any and all things necessary and incidental to the compromise and settlement of said special assessments, Passed, approved and adopted ills 17th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resoultion. Seconded by Councilman Mey- ers, Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc. Cauley, Schultz, Nays-None. RESOLUTION NO. 378-69 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 Richard Henry, 1646 Asbury Street Richard T. Hillard, Prince & East 22nd Street John J. Glynn, 431 Bhomberg Avenue Ronald Blakeman, 1902 Central Avenue Passed, adopted and approved this 17th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Mc. Cauley. Carried by the fololwing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley, Schultz. Nays - None. RESOLUTION NO. 377-69 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigaret. tes witWn the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. John J, Glynn, 431 Rhomberg Avenue Richard T. Hillard, Prince & East 22nd Street Ronald Blakeman, 1902 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the application be approved. Passed, adopted and approved this 17th day of November, 1958. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F, Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey- ers, Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley, Schultz, Nays - None. RESOLUTION NO. 379-69 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council, and WHEBEAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of tWs City and they have filed proper bonds; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the follow. ing named applicants a Beer Per. mit. CLASS "B" BEER PERMIT John Richard Henry, 1646 Asbury Street Richard T, Hillard, Prince & East 22nd Street John J. Glynn, 431 Bhomberg Avenue Ronald Blakeman, 1902 Central Avenue BE IT FURTHER RESOLVED that tbe bonds filed by such ap- plicants be and the same are here. by approved. Passed, adopted and approved tbis 17th day of November, 1969. Walter A, Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M, Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey. ers. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c. Cauley, Schultz, Nays - None. RESOLUTION NO. 380-69 WHEREAS, applications for Li- quor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant. ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 60th General Assembly, 1963. Class "C" Commercia' Establish- mant John Richard Henry, 1646 Asbury Street Richard T. Hillard, Prince & East 22nd Street 536 Special Session, November 17, 1969 John J. Glynn, 431 Rhomberg Avenue Ronald Blakeman, 1902 Central Avenue Passed this 17th adopted and approved day of November, 1969. Walter A, Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R.Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey. ers. Carried by the following vote: Yeas ~ Mayor Pregler, Council. men Couchman, Meyera, Mc- Cauley, Scbultz. Nays-None. RESOLUTION NO. 381-69 WHEREAS, applications for li- quor Permits were filed by the within named applicants and they have received the approval of tWs Council, and WHEREAS, the premises to be occupied by such, applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issu- ed to the following named appli- cants a Liquor Permit. Class "C" Commercial Establish. ment John Richard Henry, 1646 Asbury Avenue Richard T. Hil1ard, Prince & East 22nd Street John J. Glynn, 431 Rhombreg Avenue Ronald Blakeman, 1902 Central Avenue Passed, adopted and approved ills 17th day of November 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin 'F. Schultz Donald. ROo Meyers Gaylord Coùchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey. ers, Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c . Cauley, Schultz. Nays - None. There being no further business Councilman McCauley moved to a adjourn. Seconded by Councilman Mey. ers. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c . Cauley, Schultz. Nays-None. Leo F. Frommelt City Clerk Approved ...........................,........ 1970 Adopted 1970 """"""""""""""""""""""""""""" """""""",,"""""""""""""""""""" ",-"","""""""""""""""""""""""'" ..............,............."............................ ......,......,....,........"............................. Councilmen Attest: .....................,...................,........ City Clerk