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1971 September Council Proceedings ¡; g ..... qf ... " ..0 S " 15. " <FJ .~ i!J <FJ -I - \J Z :::» 0 \J >- .... - u f t ;;I .: !2 ~. ... - ... :II 0 .: .,¡ j1 :¡¡¡ ~~ ~I~ ~ 0 :.1; ...~. ... hi ~ ~ ëi . . 0 II. C at~ z.d l .. ~ ¡" '" ¡~ II 11! '" 1<3 lâ ¡¡¡ ~ ~ .., " ;- e '" <" .., .& '" ~ ~ i> ill Adjourned Regular Session, September 7, 1971 Ave. at 32nd Street intersection on June 7, 1971, presented and read. Councilman Pregler moved that the notice of suit be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler- Nays-None. Absent-Councilman Meyers. Petition of Midwest Developers Inc. requesting permission to erect a sign six to eight feet back of curblines of J. F. K. and Stoneman road at Southwest comer of in- tersection for Goodyear Tire and Rubber Co., presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Staff. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Meyers. 372 CITY COUNCIL OFFICIAL Adjourned Regular Session Sep- tember 7, 1971. Council met et 7,30 P.M. (C.D.T.) Present - Meyor Couchman, Councilmen Bitter, Moldenheuer, Pregler. City Menoger Gilbert D. Chovenelle. Absent - Councilman Meyers (at roll cell). Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is an ADJOURNED MEETING OF THE REGULAR MEETING OF SEPTEMBER 6, 1971, called for the purpose of acting upon such business as may properly come be- fore the meeting. Communication of Sectoma Club strongly endorsing the Dubuque Assn. of the blind attempt to ob- tain possession of the old Naval Reserve building presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Communication of River Valley C.A.P. submitting copy of minutes and resolution of the Dubuque County Advisory Board and the Area Board of Directors regard- ing the acquisition of the Naval Re,erve Building for the Dubuque Assn. of the blind, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Meyers. Notice of Suit of Mrs. Florence Thurston, in the amount of $10,000.00, for personal injuries received in a fall in the crosS- walk at the west side of Central Petition of Optimist Club of Dubuque requesting pennission to sell garbage bags from door to door on September 8, 1971, pre- sented and read. Councilman Preg- ler moved approval of the petition subject to implementation of the City Manager. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Petition of the Dubuque Jaycees requesting pennission to conduct without fee the State-wide Honey Sunday project with the City, on September 26, 1971, presented and read. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Adjourned Regular Session, September 7, 1971 373 Mr. David Bandy and Thomas J. I Petition of Janet Jones request- Stecher as representatives of the ing removal of weeds, brush and Jaycees related to the Council that I trees that are obstructing the view honey Sunday involves a house to , from Cleveland park, presented house sale of one-pound jars of and read. Councilman Moldenhau- honey for the purpose of raising er moved that the petition be re- funds for the mentally retarded ferred to the Manager and staff. and mentally ill, the profits of Seconded by Councilman Meyers. which are to be administered by Carried by the following vote: th~ Iowa Association for Retarded Yeas-Mayor Couchman, Coun' ChIldren. Councllman Moldenhau- cilmen Bitter Meyers Moldenhau- er moved that the petition be ap- er, Pregler. ' , proved. Seconded by Councilman I Nays-None Pregler. Carried by the following . vote: Proof of Publication certified . Yeas --: Mayor Couchman, Coun- to by the Publisher ~f list of cllmen BItter, Moldenbauer, Preg- claims for the month of July 1971, ler. presented and read. Councilman Nays-None. . Meyers moved that the proof of Absent-CouncIlman Meyers. publication be received and filed. COUNCILMAN MEYERS EN- Seconded by Councilman Bitter. TERED THE COUNCIL CHAM- Carried by the following vote: BERS AT 7:45 P.M. Yeas - Mayor Couchman, Coun- Petition of Lloyd W. Heaver re- cilmen Bitter, Meyers, Moldenhau- questing a refund of $75 on the er, Pregler. unexpired portion of cigarette Ii- Nays-None. cense No. 235, as he has discon- tinued business on 9-1-71, present- ed and read. Councilman Meyers moved that the refund be granted and the Auditor be instructed to issue proper warrant. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Melvin Boelk et al (25 signers) requesting stop sigos at the intersections of 18th and 19th on Washington Street, pre- sented and read. Councilman Preg- ler moved that the petition be re- ferred to the City Manager and Traffic Department. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Louis Buechel re- questing permission to excavate at 2600 Jackson Street, presented and read. Councilman Pregler moved that the petition be granted. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 45.71 An Ordinanca Amending and Changing Ordinance No. 3.34 known IS the "Zoning Mop and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain property hereinefter de. scribed from "Local Businass "A" District" classification to "Local Business "B" District" classification (Del Form proper- ty on Dodge plus olley). Presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordi- nance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. I Nays-None. " I 374 Adjourned Regular Session, September 7, 1971 Councilman Bitter moved that a public hearing be held on the Ordinance on October 4, 1971, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that I the City Clerk be instructed to publish notice of the hearing in , the manner required by law. Sec- onded by Councilman Pregler. Car. ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend the Zon. ing Ordinance by classifying the recently annexed area territory as "Single Family Residence District Classification" N. 70' of Lot 170 Belmont Addu., N. 70' of Lot 169 Belmont Addn., Lot 1 of George Nigg's Sub., W. 13' of Lot 7, Lots 8, 9, and 10 of Fischer's Sub., Lot 2 of Bowden Place, presented and read. No written objections were filed and no objectors were present In the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 35-71 An Ordinance Zoning and Cia.. sifylng Recently Annexed Terri. tory to the City of Dubuque, Iowa as a "Single Family Resl. donee District" Clauiflcatlon which Real Estate is hereinafter described, said Ordinance hav- Ing been previously presented and reed at the Council meat- Iq of Auust 2, 1971, presented for Final Adoption. OROINANCE No. :15-71 WH"REAS, "'e reol estato here- Inafter ....,.,bed wes rocent1v an- ~r,.ed oflob~,:::'QJ:"~t a.;ort~"t~ of "'e City Council, pessod. "opted r:"',,~f~":".:' .:l.,J,s ~~~;I1on"~ 'POn vol,nla", ..Iltlon, and In;;VHc~~~~Io~e .rl~nenl~~~-'; ~~~ ~n~n\i,en<Ja~ "',"Que, ,~o. 7t~af.~'Ofap¡::~.:::.:~,;~~ted "'" Gavlord M. Cou,"man Mavor ~:~~~ i ';¡."I'J:'nha,er Donald R. Movers Joseph J. Blfter Councilmen ATTEST, Leo F. F"""melt City Clerk ~~~~'1J'1~~~r '\\'IIh~o;¡;el~"~i September, 1971. Leo F. Frommolt City Clerk. 11.9/'0 Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Mayor Couchman. Car. ried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice of vacation and of time and place of hearing to dispose of interest in that part of public alley lying be- tween Lot 1 of Lot 1, FInley Home Addu. owned by The Finley Ho.. pita!, and Lots 24, 25, 26, 27, 28, 29, 30 and 31 of Finley Home Addn. to THE FINLEY HOSPITAL, presented and read. No written objections were filed and no oral objectors were pre.. ent in the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Adjourned Regular Session, September 7, 1971 f 37: ORDINANCE NO. 39.71 Ordinance Vacating a Part of Public Alley lying between Lot I of Lot I, Finley Home Addi. tlon, owned by the Finley Ho.. pital, and Lot 24, 25, 26, 27, 28, 29, 30 and 31, of the Finley Home Addition in the City of Dubuque, Iowa, said Ordinance having been previously present. ed and read at the Council meeting of August 2, 1971, pre- sented for Final Adoption. ORDINANCE No. 39-71 WH"REAS, "'e Ino Commission ",," v""tlon lor said _Ion of "'e be vacaled serve, no p,bilc p"PO,e; NOW THEREFORE aE IT OR- DAINED BY THE CIlY COUNCIL OF THE CITY OF nUBUQUE, IDWk eon. a~, 'he~~g~ :n~.J.::r I;'f.'¡,I1~~ not1œ of Intont 10 dispose of Intere" In rool e,ta'e as " bv Ia and "'at so," db loct, however, 10 :~~' ,r.v~t tt; P"""'O. Pa..ed, approved and adoPted ""s "" doy of September "". Gavlord M. Couchman Mavor ATTEST, Leo F. Frommelt City Clerk P,bll,hed offlciallv In The Teleg"ph- Herold Now,pa..r ""s 10'" dav ct Septomber, 1971. Leo F. Frommelt City Clerk. it. 9/10 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. RESOLUTION NO. 265-71 WHEREAS, Pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a newspa- per of general circulation pub- lished in the City of Dubuque, Iowa, on Augost 5, 1971 and Au- gust 12, 1971, City Council of Du- buque, Iowa, met On the 7th day of September, 1971 at 7:30 o'clock P.M., (Central Daylight Savings Time) in the City Council Cham. ber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to that part of public alley lying between Lot 1 of Lot 1, Finley Home Addition, owned by The Fin- ley Hospital, and Lot 24, 25, 26, 27, 28, 29, 30, and 31 of The Fin- ley Home Addition in the City of Dubuque, Iowa to The Finley Ho.. pital; and WHEREAS, City Council of Du- buque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of inter- est of City of Dubuque, Iowa, in the above described real estate to The Finley Hospital; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of interest of City of Dubuque, Iowa in real estate to The Finley Hos- pital covering the following de- scribed real estate, to-wit: That part of public alley lying between Lot 1 of Lot 1, Finley Home Addition, owned by The Finley Hospital, and Lots 24, 25, 26, 27, 28, 29, 30 and 31 of the Finley Home Addition in the City of Dubuque, Iowa: which shall hereafter be described and known as Lot 32 A in Finley Home Addition. Upon The Finley Hospital cau.. ing said alley to be platted and numbered. in order that convey- ance thereof may be appropriately made to the property owners abut- ting thereon and upon payment of costs of platting and costs of pub- lication and recording fees. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance to The Finley Hospital upon receipt of platting costs, pub- lication costs and recording fees. this 7th day of September A.D., 1971. 376 Adjourned Regular Session, September 7, 1971 Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 266-71 Resolution Approving Plat of Lot 32 A, Lot 32 B and Lot 32 C, each in Finley Home Addition in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat in which that part of the public alley lying between Lot 1 of Lot 1 of Finley Home Addition in the City of Du- buque, Iowa, and Lots 24, 25, 26, 27, 28, 29, 30 and 31, each in Fin- ley Home Addition in the City of Dubuque, Iowa, is platted as Lot 32 A, Lot 32 B and Lot 32 C, each in Finley Home Addition in the City of Dubuque, Iowa, and, WHEREAS, said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. 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 en. dorse the approval of the City up- on said plat. Passed, adopted and approved ..co: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 267-71 PRELIMINARY ESTIMATE and approval of proposed plans, speci- fications, form of contract, plat, and all other documents, including all items of material and work re- quired for the LANDSCAPING AND TREE pLANTING on 4th Street from the W.P.L. of Central to E.P.L. of Main Street, on 5th Street from W.P.L. of Central to the E.P.L. of Locust Street, on 7th Street from the W.P.L. of Central to E.P.L. of Iowa Street, on 9th Street from the W.P.L. of Central to the E.P.L. of Main Street, on Locust Street from the N.P.L. of 4th to the S.P.L. of 7th Street, and on Central Avenue from the N.P.L. of 4th to the S.P.L. of 9th Street, in an estimated amount of $95,216.00, presented and read. Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Mcyers, Moldenhau- er, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 268.71 WHEREAS, proposed plans, specifications, form ()f 'oontract have been duly prepared and ap- proved 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. An estimate of the cost of the proposed improvement for the Adjourned Regular Session, September 7, 1971 landscaping and tree planting on the following vote: 4th Street from the W.P.L. of Cen- Yeas - Mayor Couchman, Coun- tral to the E.P.L. of Main Street. cilmen Bitter, Meyers, Moldenhau- on 5th Street from the W.P.L. of er, Pregler. Central to the E.P.L. of Locust Nays-None. Street, on 7th Street from the (Fixing Dote of Hearing) W.P.I. of Central to the E.P.L. of RESOLUTION NO. 269.71 Iowa Street, on 9th Street from WHEREAS, the City Council of the W..P.L. of Central to the E.P.L. the City of Dubuque, Iowa has giv- of Marn Street, on Locust Street en its preliminary approval on the from the N.P.L. of 4th Street to proposed plans, specifications, and the S.P.L. of 7th Street, and on form of contract and placed same Central Avenue from the N.P.L. on file in the office of the City of 4th Street to the S.P.I. of 9th Clerk for public inspection for the Street. 1971 Landscaping Project. BE IT THEREFORE RESOLVED BE IT TI,IEREFORE RES.OLVED that on the 27th day of September, that. the CIty CouncIl. on Its own 1971 a public hearing will be held motIon or upon petrtr?n of orop- at 7;30 P.M. in the Council Cham- erty owners, deems It adVl"ble ber of the City of Dubuque at and necessary for the. publIc. wel- which time the objectors for the ~are to make the herernmentioned proposed improvemcnt may ap- Improvement. an? unless pro~rty pear and make objection to the own~rs at. the tIme .of the frnal proposed plans and specifications conslde.ratlOn of th~s p~ooosed and proposed form of contract, to ,,;solutron have ?n fIle wIth the the cost of the improvement and CIty Clerk ObjectIons. to tbc the City Clerk be and he is hereby amount of the cost of lmprove- directed to cause a notice of the ment, t~ey shall ~e ?eemed to time and place of such hearing to have waIved all objections there- be published in some newspaper to. published in the City of Dubuque Said improvement shall be con- which shall be not less than ten structed and done in accordance (10) days prior to the day fixed with the plans and specifications for its consideration, and said which have been prepared there- Clerk is further instructed to ad- fore by the City Engineer which vertise for proposals for the con- have been approved by the City struction of the aforementioned Council and are now on file with improvement. the City Clerk. That the cost and Passed, adopted and approved expense of making said improve- tbis 7th day of September, 1971. ment will be oaid from the ROAD Gaylord M. Couchman USE TAX FUND. Mayor The above resolution was intra- Walter A. Pregler duced, approved, and ordered Wayne A. Moldenhauer placed on file with the City Clerk Donald R. Meyers this 7th day of September, 1971. Jo~t..uJi:.,:er Approved and placed on file for Attest: final action. Leo F. Frommelt Approved: City Clerk Gird M Couchman Mayor Couchman moved adop- a~ o. tion of the resolution. Seconded by ayor Councilman Pregler. Carried by Walter A. Pregler the following vote: Wayne A. Moldenhauer Yeas - Mayor Couchman, Coun- Donald R. Meyers cilmen Bitter Meyers Moldenhau- Joseph J. Bitter er Pregler' , Councilmen NaYs-N~ne. September 2, 1971 To the Honorable Mayor and City Council I am writing to inform you that the construction of the Dubuque Municipal Garage has been com- 377 Attest: Leo F. Frommelt City Clerk Mayor Couchman moved approv- al of the resolution. Seconded by Councilman Pregler. Carried by 378 Adjourned Regular Session, September 7, 1971 pleted in accordance with the plans and specifications by the I Willy Construction Company. The total contract cost of the facility is $196,982.63, the archi- tect fee is $7,054.60 making a total of $204,037.23. The facility has been inspected and approved by the Architects Durrant, Deininger, Dommer, Kra- mer & Grodon, and I recommend the improvement be accepted. Respectfully submitted, Gilbert D. Cbavenelle City Manager Councilman Pregler moved ap- proval of the recoJI1IDendation. Seconded by Councilman Molden- hauer. Carried by. the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-Nolle. FINAL ESTIMATE RESOLUTION NO. 270-71 WHEREAS, the contract for the Dubuque Municipal Garage and Appurtenances has been complet- ed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection. and preparing the assessment and plat, now therefore, BE IT RESOLVED, bv the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $196.982.63. That $196.982.63 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Couchman. Carried by the following vote: ' Yeas - Mayor Couchman, Coun- cHmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. .. '" " (A Resolution Accepting Improvement) RESOLUTION NO. 271.71 WHEREAS, the contract for the DUBUQUE MUNICIPAL GARAGE AND APPUBTENANCES has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- ommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Road Use Tax Funds upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION No. 272.71 Approving and Provldlnq for the Execution of Second Amenda. tory Contract Amending Con- tract No. Iowa R.15 (LG) By and Between tho City of Dubuque, Iowa and the United Stetes of America. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract No. Iowa R-15 (LG) for the undertaking of the Down- Adjourned Regular Session, September 7, 1971 town Urban Renewal Project, Iowa R-15; and WHEREAS, an application sub- mitted by the City of Dubuque with the United States of America for a revised relocation grant was approved under date of June 25, 1971, and which approval neces- sitates an amendment to the said Loan and Capital Grant Contract, now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The pending proposed Second Amendatory Contract (herein called the "Amendatory Contract") amending that certain Contract No. Iowa R-15 (LG), dated the 26th, day of July 1967, by and between the City of Dubuque, low., and the United States of America is hereby in all respects approved. Section 2. The Mayor is hereby authorized and directed to execute said Amendatory Contract in two countel'Darts on behalf of the Lo- cal Public Agency, and the City Clerk is hereby authorized and di- rected to impress and attest the official seal of the Local Public Agency on each such counterpart, and to forward such counterparts to the Department of Housing and Urban Development, for execution on behalf of the Government, to- gether with such other documents relative to the approval and exe- cution of such counterparts as may be required by the Government. Passed, approved and adopted this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. 379 RESOLUTION No. 273-71 Authorizing the Issuence of Pro- ect Loan Notes In Connection with Urban Renewal Project Iowa R.15. WHEREAS, the City of Dubuque (herein called the "Local Public Agency") Is duly authorized and proposes to undertake and carry out a certain urhan renewal or re- development project (Iowa R-15) of the character authorized by law with financial aid by the United States of America (herein called the "Government") in the form of a Project TempÒrary Loan un- der Title I of the Housing Act of 1949, as amended (42 US.C. 1450 et seq.), which may be made by the Government to the Local Pub- lic Agency with respect to said Project in accordance with a cer, tain Loan and Grant Contract (herein called the "Contract"), by and between the Local Public Agency and the Government: and WHEREAS, In order to enable the Local Public Agency to ob- tain such financial aid, it is neces- sary for the Local Public Agency to authorize and, from time to time, issue certain, obligations in the form of Project Loan Notes, as hereinafter provided: now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. Whenever the follow- ing terms, or any of them, are used in this Resolution the same, unless the context shall indicate another or different meaning or intent, shall be construed, are used, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other tenDS used in this Resolution and which are defined in the Contract shall have the re- spective meanings ascribed there- to in the Contract. Section 2. The Contract entered into between the Local Public Agency and the Government for the above identified Project is hereby declared to be a part of this Resolution and all applicable provisions thereof were expressly set forth in full therein. Section 3. In order to evidence payments made by the Govem- 380 Adjourned Regular Session, September 7, 1971 ment on account of the Project I authorizing Project Temporary Temporary Loan pursuant to the Loan Notes, and the Project Loan Contract with respect to the Pro- Notes authorized by this Resolu- ject and to refund, renew, extend tion shall be exchanged for any or substitute for any Note by this Project Temporary Loan Notes Resolution authorized to be issued heretofore issued pursuant to any (or any sucb Note by any other previous resolution. resolution authorized to be issued Passed, approved and adopted and ~hich is outstanding, or on this 7th day of September, 1971. deposIt for delIvery pending pa~- Gaylord M. Couchman ment therefor, as of the date this Mayor Resolution becomes .effective), Walter A. Pregler \here are ,her~by auth?nzed to. be Wayne A. Moldenhauer ISsued, from time to tIme, Proe~t Donald R. Meyers Loan N~tes of the Local.Public Joseph J. Bitter Agency In ,an aggregatepnnclpal Councilmen amount outstanding, at any one Attest. time (whether authorized by this Leo' F Frommelt Resolu~i?n or a~y othcr resolu~ion CitY Clerk authorIZlng the Issuance of Project Loan Notes) not in excess of the amount of the Project Temporary Loan available ,under the Contract. Se<:tlon 4. The City Manager is hereby authorized to file with the Government from time to time as funds are required" requisitions, together with, the necessary sup- porting documents, requesting payments to be made on account of the Projcct Temporary Loan available under the Contract, and the proper officers of the Local Public Agency shall prepare, exe- cute and deliver to the Govern- ment Notes hereinafter authorized and shall ac~ept payment therefor ~o~a::eo;o;;~:m~~~~ i~~~e~o: I the Local Public Agency, and such officers ate authorized to do and perform all other things and acts required to be done or performed in order to obtain such payments. Cash proceeds from the issuance of all Project Loan Notes shall be deposited and disbursed only in accordance with the provisions of the Contract. Section 5. Each Project Loan Note shall bear interest and be payable in the form and manner prescribed by the Contract and this Resolution; shall be signed in the name of the Local Public Agency by the Mayor; and shall have the official seal of the Local Public Agency impressed thereon and attested by the City Clerk; and shall otherwise be in substan- tiallY the form of HUD-9107 in. corporated herein by reference. Section 6. This Resolution shall supersede all previous resolutions ""'" Mayor Couchman moved adop- tion of the resolution.' Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 274-71 Providing Assuran.... punuant to Unifonn Relocation Assist. a,nee end Real Property Act of 1970. WHEREAS, the Uniform Relo- cation Assi,tance and Real Pro- pcrty Acquisition Policies Act of 1970, Public Law 91-646, (herein- after referred to as the "Act") establishes uniform policies for the fair and equitable treatment of persons disptaced as a result of Federal and federally assisted pro- grams, as well as uniform policies on real property acquisition prac- tices with respect to such pro- grams, and WHEREAS, the Act has appli- cation to programs and projects receiving financial assistance un- der Title I of the Housing Act of 1949, as amended; and WHEREAS, the City of DuM- que has made application for ad- ditional financial assistance under Title I of the Housing Act of 1949, as amended, for an urban renewal project desigoated as Downtown Urban Renewal Project, Project No. Iowa R-15; and WHEREAS, the activities for which such assistance is sought will involve displacement and/or land acquisition occurring after I I Í Adjourned Regular Session, September 7, 1971 381 January 2, 1971, the effective date the City of Dubuque in the manner of the Act; and and to the extent required by sec- WHEREAS, Sections 210 and 305 tions 211(a) and (b) of the Act. of the Act require the provision Section 2. That the City Mana- of certain assurances before the ger be and he is hereby authorized head of a Federal agency can ap- and directcd to execute on behalf prove any grant to, or contract or of the City of Dubuque an As- agreement with, a State agency surance of Compliance with respect (State agency defined in Section to the relocation requirements of 101 (3) of the Act as "*** any de- Section 210 of the Act and an As- partment, agency, or instrumen- surance of Compliance with respect tality of a State or of a political to the land acquisition require- subdivision of a State "*"), un- ments of Title III of the Act. der which Federal financial as- Passed, approved and adopted sistance will be available to pay this 7th day of September 1971. all or part of the cost of any pro- Gaylord M. Couchman gram or project which will result Mayor in displacement or real property Walter A. Pregler acquisition subject to the require- Wayne A. Moldenhauer ments of the Act; now therefore Donald R. Meyers BE IT RESOLVED BY THE CITY Joseph J. Bitter COUNCIL OF THE CITY OF DU- Councilmen BUQUE, IOWA: Attest: Section I. That the United States Leo. F. Frommelt of America and the Secretary of CIty Clerk Housing and Urban Development be, and they hereby are, provided through the adoption of this reso- lution, with the following assur- ances regarding conduct hy the City of Dubuque of tbe project for which Federal financial assistance under Title I of the Housing Act of 1949 is sought. A. Fair and reasonable reloca- tion payments and assistance shall be provided to or for displaced persons, as are required to be pro- vided by a Federal agency under sections 202, 203, and 204 of thc Act; B. Relocation assistance pro- grams offering the services de- scribed in section 205 of the Act shall be provided to such displaced persons; C. Within a reasonable period of time prior to displacement, de- cent, safe, and sanitary replace- ment dwellings will be available to displaced persons in accordance with section 205(c) (3) of the Act; D. In acquiring real property it will be guided, to the greatest ex- tent practicable under State law, by the land acquisition policies in I section 301 and the provisions of section 302 of the Act; E. Property owners will be paid or reimbursed for necessary ex- penses as specified in sections 303 and 304 of the Act, and F. Costs of providing payments and assistance will be shared by Mayor Couchman moved adop- tion of the resolution. Seconded by CouncilmanPregler. Carried by the following vote: Yeas Mayor Couchman, Coun., cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 275.71 AUTHORIZING THE EXECU- TION AND DELIVERY OF DEED TO RENIER PIANO & ORGAN COMPANY, INC. FOR SALE OF LAND IN THE DOWN- TOWN URBAN RENEWAL PRO- JECT, IOWA R-15 WHEREAS, under date of Au- gust 19, 1971, the City of Dubu- que and Reuier Piano & Organ Company, Inc. entered into a Con- tract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelop- ment by Renier Piano & Organ Company, Inc; and WHEREAS, Renier Piano & Or- gan Company, Inc. has complied witb the conditions of said Con- tract, and have requested that the City of Dubuque execute and de- liver to them a Deed for the land described hereinbelow; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- DUQUE, IOWA: Section 1. That the Mayor and City Clerk are hereby authorized 382 Adjourned Regular Session, September 7, 1971 and directed to execute a Deed to Renier Piano Company, Inc. for the sale of Disposition Parcel No. I of Block No.2 in the Downtown Urban Renewal Project, Iowa R- 15, legally described as Lot 2 of Block 5 in Dubuque Downtown Plaza in the City of Du- buque, Iowa containing 16,531.3 square feet, more or less Section 2. That the Director of the Department of Urban Rene- wal is hereby authorized and di- rected to deliver said Deed to Re- uier Piano & Organ Company, Inc. upon receipt of the purchase price of $41,328.25 on the basis of $2.50 per square foot. Passed, approved and adopted this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhaucr Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 276-71 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 Cigarettes and Cigarette Papers within said City. Mark McGovern, 30 Locust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ""'" Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 277.71 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 Michael F. Pusateri, 2560 Dodge Street James Richard Bainbridge, 1375 Locust Street William H. Baker, 1064 University Avenue Theodore J. Ferring, 385 East 13th Street Arsenius A. Hanson, 107 Locust Street Bessie Sfikas, 926 Main Street Leona R. Friedman, 620 East 16th Street Cyril N. Meitl, 1555 Central Ave- nue CLASS "C" BEER PERMIT Randa1ls Foodarama, 2600 Dodge Street Plaza 20 Passed, adopted and approved this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote, Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. 3&'3 Adjourned Regular Session, September 7, 1971 RESOLUTION No. 278.71 RESOLUTION No. 279.71 WHEREAS, applications for Beer WHERE~S, applications fo~ Li. Permits were filed by the within quor !,ermlts ~ave been sublDltted named applicants and they have to thIS CouncIl for appr?val and received the approval of this Coun- the same have been exammed, cil' and NOW THEREFORE BE IT RE- ~S, the premises to be SOL~D by ~he City Council of occupied by such applicants were the CIty .of ub~qu~, Iowa, that inspected and found to comply the follow.mg appl~catrons be grant- with the ordinances of th's City ed an.d hcenscs Issued upon the and they have filed proper ~onds' comphance of the tenus of the . IOWA LIQUOR CONTROL ACT- NOW THEREFORE BE IT RE- CHAPTER 123-as amended by the SOLVED by the City Council of 62nd General Assembly 1967 the City of Dubuque, Iowa, that ' . the Manager be and he is hereby CLASS "C" COMMERCIAL directed to issue to the following ESTABLISHMENT named applicants a Beer Penuit. James R. Bainbridge, 1375 Locust CLASS "B" BEER PERMIT W~::::.t H Baker 1064 Uuiversity Michael F. Pusateri, 2560 Dodge Avenue' , Street Bessie Sfikas, 926 Main Street James Richard Bainbridge, 1375 Passed, adopted and approved Locust Street this 7th day of September, 1971. William H. Baker, 1064 University Gaylord M. Couchman Avenue Mayor Theodore J Ferring 385 East 13th Walter A. Pregler Street" Wayne A. Moldenhauer . Donald R. Meyers ArsenlUs A. Hanson, 107 Locust Joseph J. Bitter Street Councilmen Bessie Sfikas, 926 Main Street Attest: Leona R. Friedman, 620 East 16th Leo F. Frommelt Street City Clerk Cyril N. Meitl, 1555 Central Ave- Councilman Meyers moved adop- nue tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Preglcr. Nays - None. RESOLUTION No. 280.71 WHEREAS, applications for Li- quor Penuits 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 witb 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 is- sued to the following named appli- cants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT James R. Bainbridge, 1375 Locust Street CLASS "Coo BEER PERMIT Randalls Foodarama, 2600 Dodge Street Plaza 20 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 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman ,Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. ------ ---- 384 Adjourned Regular Session, September 7, 1971 William H. Baker, 1064 University Avenue Bessie Sfikas, 926 Main Street Passed, adopted and approved this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bittcr. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Mr. Gene Thompson of Meggan I Drive again registered a complaint I relative to the poor construction and workmanship of Meggan, Dove and Waller Streets and requested that somcthing be done about it. Councilman Pregler moved that the problems of Meggan, Dove, and Waller street and also in Key Knolls Subdivision be referred to the City Attorney for legal ac- tion. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. There being no further business Councilman Bitter moved to ad- journ. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Leo F. Frommelt City Clerk " , Approved 197.. Adopted ............. 197.. .......................................................... Councilmen Attest: """ëïiÿ"ëii~~k:"""""""""""" j 'i'. i 'S: Special Session, September 27, 1971 CITY COUNCIL OFFICIAL Special Session, September 27, 1971. Council met at 7,30 P.M. (C.D.T.) Present - Mayor Couchman, Councilmen Bitter, Meyers, Molden- hauer, Pregler. City Manager Gil. bert D. Chavenalle. Mayor Couchman read the call and stated that service thereof had been duly made and this meet. ing is called for the purpose of CONSIDERING BIDS ON THE LANDSCAPING AND T R E E PLANTING PROJECT OF 1971, and acting upon such other busi- ness as may properly come before a regular meeting of the Council. September 16, 1971 To the Honorable Mayor and City Council Enclosed are the reports of the city Treasurer and Water Superin- tcndent, as well as a list of claims, for the month of August 1971. RespectfullY, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- . er, Pregler. I Nays-None. September 20, 1971 To the Honorable Mayor and City Council I request permission to attend the Annual Conference of the In- ternational City Management As- sociation. The conference will be held No- vember 7ell in Hollywood, Florida. n will consist of three program tracks, Executive Development, Ur- ban Issues and Municipal Services. A person may attend all sessions on anyone track or select a var- iety of subjects from each. RespectfullY, Gilbert D. Chavenelle, City Manager Councilman Pregler moved ap- proval of the request. Seconded by 385 Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of List of Claims for the month of August 1971, presented and read. Council- man Bitter moved that the proof of publication be received and fil- ed. Seconded by Councilman Preg. ler. Carried by the following vote: Yeas - Mayor Couchman, Coun' cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. september 23, 1971 To the Honorable Mayor and City Council A request has bcen received from Schiltz Development Corpora- tion for street lights in Sunset Park No.3. The area has been investigated by the Electrical Inspector and it is recommended that thirteen (13) 175 watt mercury vapor type lights be installed at the following loca. tions: Sunset Park No.3, Block 2 One on easement between Lots 10 and 11 One on easement between Lots 15 and 16 One on easemcnt between Lots 3and4 One on northeast comer of Lot 21 Sunset Park No.3, Block 3 One on easemcnt between Lots 16 and 17 One on easement between Lots 11 and 12 One on easement between Lots 38 and 39 One on easement between Lots 43 and 44 One on easement between Lots 23 and 24 One on easement between Lots 3and4 One on easement between Lots 32 and 33 One on northeast comer of Lot 50 One on northeast corner of Lot 29 Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- Special Session, September 27, 1971 386 Special Session, September 27, 1971 387 cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Sub-Contractor's release of Lien by Westphal & Company Inc. to Healy Mechauical Contractors Inc. filed in the original amount of 523,882.42 dated March 24, 1971, said release constitutes a full and complete release of the City and Healy Mechanical Contractors from the claim for lien filed by the sub-contractor, presented and read. Councilman Pregler moved approval of the release. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers Moldenhau. er, Pregler. Nays-None. Notice of Claim of Erwin G. Vierkant, in the amount of $500., for damage to his home as the re- SUlt of stray golf balls striking same coming from Bunker Hill Golf Course, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council. man Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of Claim for material and labor by Kemp Bro9. Trucking against H & R Wrecking Co. as the result of wrecking buildings in the Urban Renewal Area, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Car. ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 46-71 An Ordinance Amending Ordi. nonce No. 33-49 known es the "Traffic Code of Dubuque, Iowa- as amended by repealing Sub- section d of Section 4 of Sched- ule I which required that vehic. les shan travel Eastbound only on East Ninth Street from Can. tral to White Street, presented and read. Councilman MeyerS moved that the reading just had be. consiot- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Printed Council proceeding pre- sented for approval for the months of May and June 1971. Councilman Pregler moved that the Counci proceedings for the months of May and June 1971 be approved as printed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None., ered the first reading of the Ordi- nance. Seconded by Councilman Bittcr. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on threc separate days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. West Ninth Street from Locust Street to Iowa Street, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Mcyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE September 9, 1971 Hon. Mayor and City Council On October 28, 1970, Lucille A. Woodhouse, filed claim against the City of Dubuque alleging injuries on October 9, 1970 as the result of . a fall in front of 1939 Alia Vista, Dubuque, Iowa, and that thereafter said claim was referred to this writer, who made an investi- gation of this claim and learned that the claimant suffered severe bruises and severe strain of the right arm and shoulder and left knee. The City Attorney has been in contact with the carrier of the abutting property owner and said carrier has paid said claim in the amount of $400.00 pursuant to agreement between said carrier and the. City Attorney and that release was secured thereby for the City of Dubuque based upon the representation of the City Attorney that he would recom- mend payment to said carrier in the amount of $200.00. Therefore, it is the recommenda- tion of the City Attorney that the City Auditor be instructed to draw warrant in the amount of $200.00 payable to Crawford and Company, insurance adjusters, and transmit same to the City Attor- ney for delivery. Original claim is returned here- with. ORDINANCE No. "'71 . ... ,,-- "..,'eono low" "SCHEDULE I 4. T"fflc .h,1I move e..',,1V on'v, e. On We., Nin'" S,...., ',om Locu" Sf"et '0 low, Sf,..I." P....d, ,pprnv'" 'nd 'dop"" "". 21th d,v of SoplemOO" 1971. G'vl"d M. Couohm," M'v., ATTEST, Leo F. Frnmmelf City CI,," PubH"", officially in The Teleo,.ph, He"'d New"",p" tht, 30th d,v 01 Seotemb", 1971. Leo F. 'rnnomelf City Clen" 11.9/30 J ATTEST, Leo F. Fcommelf City C"," PubH"'" offlci,IIv In The Te'.."ph. Hm'd New",p" Ihl. 30th dey 01 Soplemb", 1971. Leo F. Fcommel' City C'e'". Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 1 t. 9/3D Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 48.71 An Ordinance Amending Ordi- nance No. 37-65 known es the "Street Parking Met.r Ordinance ORDINANCE NO. 47.71 An Ordinance Amending Ordi- nance No. 33-49 known es the "Traffic Coda of Dubuque, Iowa" as emended by repealing Subsec- tion e of Section 4 as Schedule I and enacing e n.w Subsection e of S.ction 4 of Schedule I in lieu thereof to provide that traf. fic shall move Easterly only on Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- "'1Ji- 388 Special Session, September 27, 1971 of Dubuque, low,",' by repealing Subsection 6.3.25 of Section 6.3 of Perking Meter DIstrict Cane! by repealing Subsection 6.3.26 of Section 6.3 of Parking Met... District C the"'¡'y removing both sides of Ninth Street, from Bluff strøt to a point three hun- elr8cI - W_rly of Bluff Strøt from oeId Parlclng Meter District, presented and read. Councilman Meyers moved that the reåding just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- clImen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Meyers moved. that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORCI'NANCE NO. "'71 ",..aIOd effed. P...... ap",ov" and -pled "", ".. dav 01 Seplombe'. 1971. Gayl"d M. Cou"'man May" Waite, We,."o Donald J"oph Coon ATTEST, Leo F. F"mmeif Citv CIe" Publl,"ed offiolallY In The T"..."h- Herald New"e.... .." 30th day 01 Seplembo,. 1911. Leo F. F",",,"oif Cltv Cle"'. 1I.91'§J Councilman Meyers moved final adoption of the Ordinance. Sec. onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 49.71 An Ordinance Amending Ordi. nonce No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section 7.5 thereof and enacting a new Section 7.5 in lieu there of .... qui ring a driver of a vehicle in. volved In an accident to give notice of such eccident to tho Office of the Chief of Police when the apparent total proper. ty clemage is one hundr8cl dol. lars or more, presented and read. Councilman Bitter moved that the reading just had be consid- ered the first reading of the Ordi- nance. Seconded by Mayor Couch- man. Carried by the fOllowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. "-71 Ëo Wj~ "OF:~~~i~~-¡-¡¡Ë-(~I~ EOF POLICE THE NT TOTAL D IS ONE DOL OR MORE. NOW THE'REFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA' Secllon 1. ThaI O,dlnoo'" No. 33-" 'T"ffic Coda of Du- amended be """ "e amended "" "peal- "ereof end enadlng 7.5 In "eo "...eol a, The driver 01 a v"'de Involved in an ","'enl ",ulling In Inlu'" to " dea" 01 any .."on ... lotal p""," ¡¡tv o~:m~~~ a'bo!~'og:. ~:;e~~ ,hall immediatelY. by "e Qul""" mean' 01 ",mmunl""on give noli", Special Session, September 27, 1971 389 01 ,u'" ""denl 10 Ihe o""e 01 Ihe Chlel 01 Poll". The d,;m 01 a v..ide Involved 'n an a"'donI ",uifing In Inl"", to " of any """~p~o~'a~xI'~~F';-' 'a" " mo" ,hall. hO"" a"" ,uoh a w""on "po,' of ,"oh "oldonl 10 "0 Ooperlmenl 01 Publlo SatelY. Ilo~:;. ~~ayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. "r.a'J:;~' 01P~;~r:"m":'~? ,~o/iPled IhI, Gaylo", M. Couohman May" Walt" A. P"ofer Way.o A. Moldonhaper Dona'" R. Moyer, J"eph J. Bitter Cou",lImen ATTEST, Leo F. F"mmoif Cify CI,,' P"bll,hod olfiolally In Tho TO:o"aph- Hm'd Now,""er thl, 30th day 01 Saplemb", 1911. Loo F. F,,",,"oif Cftv CIe,'. 11.9f3) Councilman Bitter moved final adoption of the Ordinance. Second- ed by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 50-71 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Subsection, 9 to Section A of Schedule X and by adding a new Subsection 6 to Section B of Schedule X thereof to require Northbound and Southbound vehicles to yield before enter. ing the intersection of Hillcrest and St. John Drive, presented and read. Councilman Pergler moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Meyers. Carried by the fol- A. "'OcihbOund v"'ol" mu" yl"d bef"o enlerl"" Ihe Inle"",- lion of, 9. Hlllo"" and Sl. John D"ve. B. S'"thbound vohlo'" m",1 yiold befo" onlering ..e Inle',"'" llPO 01, 6. HIII"'" and Sl. John D,ive. P"..d. app"ved and "OPled thl, 27th day 01 September. 1971. Gayl"d M. Couohman May" Walter A. P"9Ier Wayne A. Moldenha... Donald R. Me,.., J"eph J. Bitt" Co"noilmen ATTEST, Leo F. F"mmeif Clly CIe" P"bll,hed o"'ofally In The Tet..."h- Hm'd Now,...... thl, 30th day of Septemb". 1971. Leo F. F",mme" City CI,,'. 11.9130 Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Women's Recreation Ass'n Inc. requesting consideration for the Dubuque Ass'n of the Blind in the acquisition of the old Naval Reserve Building, present- ed and read. Councilman Bitter moved that the communication be received and filed and a copy sub- mitted to the City Manager. Se- conded by ColÙlcilman Pregler. Carried by the following vote, Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Dubuque Manage- ment Club requesting considera- tion for the Dubuque Ass'n of the 390 Special Session, September 27, 1971 Blind in their efforts to obtain use of the old Naval Reserve Build- ing, presented and read. Council- man Bitter moved that the peti- tion be received and filed and a copy submitted to the City Mana- ger. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Mr. Don Gagne president of the Ass'n of the Blind again addressed the Council relative to the request of the blind for the acquisition of the old Naval Reserve Building. City Manager Gilbert Chavenelle explained in detail to the Council and Mr. Gagoe just exactly where the City stands in relation to the old Naval Reserve building. As it now stands the Navy or the C.S.A. has not notified the City as to what they intend to do with the build- ing. Bear in mind the lease was renewed for one year expiring June 30, 1972. Petition of Alfred E. Hughes, at- torney, in behalf of John J. Heider- scheit, requesting annexation of Lots 90 and 91 in Linehan Park Addn. and the Nly 'AI of vacated alley abutting said lots in Dubu- que Twp., presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zouing Commission. Seconded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler- Nays - None. Petition of People. Natural Gas requesting permission to excavate on Central Avenue near E. 18th Street, presented and read. Coun- cilman Pregler moved approval of the petition. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Hempstead Student Council requesting permission to conduct a parade on Friday Octo- ber 15, 1971, in conjunction with their Homecoming activities, pre. sented and read. Councilman Preg- ler moved approval of the petition and referred to the City Manager. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Dubuque Senior High School requesting permission to conduct a Homecoming Parade on Friday October 29, 1971, present. ed and read. Councilman Pregler moved approval of the petition and referred to the City Manager. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Loras College Foot- ball Committee requesting permis- sion to conduct a Homecoming pa- rade on October 16, 1971, present- ed snd read. Councilman Pregler moved approval of the petition and referred to the City Manager. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Hempstead Seuior High School requesting permission to use a small black powder can- non at their Home Football Games this fall, presented and read. Coun- cilman Moldenhauer moved appro- val of the petition after he was given assuranCe that it was check- ed out by the Fire Depariment. Se- conded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. I Special Session, September 27, 1971 Petition of Byron K. Judge et al (96 sigoers) requesting the erec- tion of "Stop Sigos" at the inter- section of 13th & Washington Street, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the City Ma- nager and Traffic Department for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Forrest D. Kettering Jr. et al (41 sigoers) requesting that Cody field, which was given to the City in 1965, be put to use for a ncighborhood playground as was originally intended, presented and read. Councilman Pregler moved that the petition be re- ferred to the Manager and staff for report back to the Council. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Dubuque Wa-Tan-Ye Club requesting permission to sell Halloween candy in Downtown Du- buque on Friday and Saturday evenings October 15th and 16th, presented and read. Councilman Pregler moved approval of the pe- tition and referred to the Mana- ger. Seconded by Councilman Me- yers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldcn- hauer, Pregler. Nays - None. Petition of David Hartig Jr. re- questing investigation, discover and eliminate the cause of un- healthy odors from the Sewage Disposal plant no later than April 1, 1972, presented and rcad. Ma- yor Couchman moved that the pe- tition be received and filed. Se, conded by Councilman Bitter. Car- ried by the following vote, Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nsys - None. City Engineer John White pre- sented Mr. Paul Ombruui from .. "'-.',.. - 391 Henningson Durham & Richardson. Mr. Ombruui stated that BOD, a vital pollution control measure is averaging 234,092# a day compar- ed with the 98,692 daily average the City's new secondary treat- ment plant was designed to handle, under normal conditions. The in- dustrial waste contributions to the sewer system is causing the odor problem. The BOD count is ap, proximately equivalent to that you would expect to find at a plant serving 1.3 million people. The plant also is receiving an average of 130,000 pounds daily of sus- pended solids, which is 29% above the desigo standard. The whole problem is that the plant is over- loaded. Arrangements have been made with 15 local industries to meet with City Engineer White and other city officials to find out where the excessive waste dispo- sal is coming from. The problem must be taken care of at the in- dustry level. Petition of Dubuque County Con- servation Society demanding a thorough investigation of the out- rageous desecration of the Maus Park area and that immediate ac- tion be taken to prevent further pollution and that Maus Park be restored to its pre-pollution state, presented and read. Councilman Bitter moved that the petition be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Winnie Thomas et al (1600 signatures) demanding a thorough investigation of the out- rageous desecration of the en- vironment and that immediate ac- tion be taken to prevent similar occurences in the future and that the parties responsible for this pol- lution be required to restore Maus Pond to its aforesaid pre-pollutant state, presented and read. Council- man Bitter moved that the petition be received and filed. Scconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. 392 Special Session, September 27, 1971 Mr. Gary Rambousek and attor- ney David Leifker addressed the Council at great length relative to the state of Maus Park stating in conclusion that the lake should be dredged out to sustain fish life. Pctition of Muscular Dystrophy Associations of America Inc. advis- ing of their annual drive for funds is to be held in Dubuque on November 7, 1971. Councilman Pregler moved approval of the petition and referred to the Man- ager. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Earl J. McNamara re- questing a refund of $25. on the unexpired portion of Class C Beer Permit No. 23, in the amount of $25. as he has discontinued busi- ness on 9-14-71, presented and read. Councilman Bitter moved that the refund be granted and tbe Auditor instructed to issue proper warrant. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Earl J. McNamara requesting a refund of $75. on the unexpired portion of cigarette li- cense No. 200, as he has discon- tinued business on 9-14-71, pre- sented and read. Councilman Bitter moved that the petition be grant- ed and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Fondell & Sons re- questing permission to excavate at 1329 Tomahawk Drive to repair broken sewer line, presented and read. Councilman Bitter moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Robert H. Wahlert et al (43 sigoers) requesting in- stallation of sanitary sewer in Sun- set Ridge, presented and read. Councilman Bitter moved that the petition be referred to the Man- ager and Staff for investigation and report. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. September 18, 1971 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1971 Mainten- ance Patching Program No.1 has been completed in accordance with the City of Dubuque plans and specifications. I, therefore recommend the ac- ceptance of the above named proj- ect. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. FINAL ESTIMATE RESOLUTION NO. 281-71 WHEREAS, the contract for the CITY OF DUBUQUE 1971 MAIN- TENANCE PATCHING PROGRAM NO.1 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mate showing tbe cost thereof in- cluding the cost of estimates, not- ices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City of Dubuque, That the cost of said improve- ment is hereby determined to be $17,781.13. That none of the cost thereof shall be assessable upon private property and $17,781.13 shall be paid from the Road Use Tax Fund of the City of Dubuque. Special Session, September 27, 1971 393 Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Preglcr Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. A Resolution Accepting Improvement RESOLUTION NO. 282.71 WHEREAS, the contract for the CITY OF DUBUQUE 1971 MAIN- TENANCE PATCHING PROGRAM NO.1 has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intcn- tion to levy special assessments therefor, as required by law. BE IT F1JRTHER RESOLVED, that the City Trcasurer, be and he is hereby directed to pay to the contractor from Road Use Tax Funds upon the above described improvement in amount equal to the amount of his contract less any retained percentage provided for therein. _1It'" - Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing on resolution of neces- sity for Landscaping and Tree Planting project on 4th Street from W.P.L. of Central Ave. to E.P.L. of Main Street - on 5th Street from the W.P.L. of Central to E.P.L. of Locust Street,-on 7th Street from the W.P.L. of Central to the E.P.L. of Iowa Street-on 9th Street from the W.P.L. of Central to the E.P.L. of Main Street-on Locust S~et from the N.P.L. of 4th Street to the S.P.L. of 7th Street-and on Central Av- enue from the N.P.L. of 4th Street to the S.P.L. of 9th Street, pre- sented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Pre~ler moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 268.71 WHEREAS, proposed plans, spec- ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the 394 Special Session, September z:T, 1971 landscaping and tree planting on 4th Street from the W.P.L. of Cen- tral to the E.P.L. of Main Street, on 5th Street from the W.P.L. of Central to the E.P.L. of Locust Street, on 7th Street from the W.P.L. of Central to the E.P.L. of Iowa street, on 9th street from the W.P.L. of Central to the E.P.L. of Main Street, on Locust Street from the N.P.L. of 4th Street to the S.P.L. of 7th Street, and on Central Avenue from the N.P.L. of 4th' Street to the S.P.L. of 9th Street. 'BErr THEREFORE RESOLVED that the City Council' on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the ,public wel- fare to make the hereinmentioned ÍJ1!provement, ,and unleS!l property owners at the time of the final èonsideration of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improve- ment, they, shall be deemed to have waived all objections thereto. Said improvement shall be con- structed, and done in accordance with the plans and specifications which have been prepared there- fore 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 paid from the ROAD USE TAX FUND. The above resolution was intro- duced, approved, and ordered plac. I ed on file with the City Clerk this 7th day of September, 1971. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A.Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved final adoption of the resolution. Second- ed byCollncilmàn Bitter. uCaíTÌed by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Ordering Construction) RESOLUTION NO. 283-71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Necessity No. 268-71 which was duly passed by this Council for the 1971 LANDSCAP- ING PROJECT be and the same are hereby ordered and construct- ed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed' in accordance with the plans and specifiactions 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 improvement be paid from the ROAD USE TAX FUND. BE IT FURTHER RESOLVED that the, City Clerk be and he is hereby ordered and directed to ad. vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Special Session, September 27, 1971 395 Planting Project 1971, presented and read. Councilman Bitter moved that the proof of publication be receiv- ed and filed. Seconded by Coun. cilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. September 24, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 A.M. Thursday, Septem- ber 23, 1971 for the 1971 LAND- SCAPING PROJECT. Two (2) proposals were received on this project with the low bid being submitted by Wagoer Nurs- ery. Their hase bid, which includes Neenah No. 15929 tree grates, was 20.4% under the Engineer's EBti. mate. I recommentd that the contract for the improvement be awarded to Wagoer Nursery of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Bitter moved ap- proval, of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers Moldenhau- er, Pregler. Nays-None. (Aw8rdlng Contract) RESOLUTION NO. 284-71 WHEREAS, sealed proposals have been submitted by contract- ors for the 1971 LANDSCAPING PROJECT pursuant to Resolution No. 26&-71 and notice to bidders publlsbed in a newspaper publish- ed in said City on September 10, 1971 and September 17, 1971: and WHEREAS, said sealed propos- . were opened and read on Sep- tember 23, 1971, and it has been determined that the bid of WAG- NER NURSERY of DUBUQUE, IOWA, in the amount of $69,089.75 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. CarrIed by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of publication, certified to by the Publisher, of notice to Contractors of receipt of proposals for the Landscaping and Tree --,-~~~'~--~ "'.. BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Wagner Nursery and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the siguing of said con. tract and approval of the contract- ors bond the City Treasurer Is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. seconded by Councilman Meyers. 'Carried by the following vote: ' Yeas ~ Mayor Couchman, Coun: cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. September 24, 1971 To the Honorable Mayor and City Council I submit, to you the offer of the State Department of Health of a grant of $1,139,250 to apply on the construction costs of Phase n of the Sewage Treatment Plant. Attacned is a resolution author- izing the Mayor and City Clerk to execute a contract with the State covering this grant. I recommend favorable consideration of this resolution. Respectfully, Gilbert D. Chavenelle, CIty M..,ager Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 11'lli!I~~II.11 1111<111111110.1\ ",11,1', HI~~~~'.'I 396 Special Session, September 27, 1971 RESOLUTION NO. 285.71 RESOLUTIONS OF THE CITY. TOWN OF DUBUQUE, IOWA BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA, that the Contract For State Grant For Treatment Works with the State of Iowa, pursuant to Chapter 455C of the 1971 Code of Iowa and Sec- tion 14, Chapter 1205, Acts of the 63rd General Assembly, is hereby accepted by the said Council, on behalf of Dubuque, Iowa, and that Gaylord M. Couchman, Mayor, and Leo F- Frommelt, Clerk, are here- by authorized and directed to ex. exute same and affix the seal of tl1e City thereto on behalf of said City. ------------- The. under,sigoed . dnly qualified and acting City Clerk of the City of Dubuque, Iowa, does hereby certify: That the attached Resolution is a true. and correct éopy of the Resolution accepting the Contracl For State Grant For Treatment Works regularly acloptedat a lcgally convened mceting of the City Council of the City of Dubu- que, Iowa, duly held on the 27th day of September, 1971; and fur- ther that the Resolution has been fully recorded in tbe Journal of Proceedings and Records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of September, 1971. Leo F. Frommelt, City Clerk of the City of Dnbuque, Iowa. (CITY) (seal) Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 286-71 RESOLUTION AMENDING AND CORRECTING RESOLUTION NO. 265.71 WHEREAS, on September 7, 1971 the CIty Council of the CIty of Dubuque, Iowa, passed, ap- proved and adopted Resolution No. _71, which Resolution has been recorded in the office of the Dn- buque County Recorder in Book, .'Of"-' I 26, pages 75-76, as Document No. 45828, and WHEREAS, said Resolution No. _71 incorrectly dcscribed, in Section I thereof, that part of the public alley which was authorized and ordered to bc conveyed to The Finley Hospital; and said legal de- scription shonld have included Lot 32 B in Finlcy Home Addition, as wel las Lot 32 A in Finley Home Addition, as the parcels to be con- veyed to The Finley Hospital. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the legal descrip- tion set forth in Section I of Reso- lution No. 265-71 be and the same is hereby deleted and the follow- ing legal description shall be sub- stituted therefor; That part of public alley lying between Lot 1 of Lot 1, Finley Home Addition, owned by The Finley Hospital, and lots 24, 25, 26, 27, 26, 29,' 30, and 31 of The Finley Home Addition in the CIty of Dnbuque, Iowa, which shall hereafter be describ- ed and known as Lots 32 A and 32 Bin. Finley Home Addition in the CIty of Dubuque, Iowa, according to the record plat thereof. Section 2. That the City Clerk be and be is hereby authorized and directed to deliver a deed of con- veyance of said Lots 32 A and 32 B in Finley Home Addition in the CIty of Dubuque, Iowa, accord. ing to the recordcd plat thereof, to The Finley Hospital upon re- ceipt of platting costs, publication costs and recording fees. Section 3. 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 Rec- order. Passed, approved and adopted this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Mvers Joseph J. Bitter Councilman Attest: Leo F. Frommelt, City Clerk Special Session, September 27, 1971 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler- Nays-None. RESOLUTION NO. 287-71 BE IT RESOLVED by the City Council of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Loras F. Schiltz, 2197 University Avenue Ralph J. Grabow, 1050 University Avenue Duane C. & Hazel E. Koeller, 1701 Asbury Street Clarice Adams, 1091 White Street Clarke College, 1550 Clarke Drive University of Dubuque, 2050 Uui- versity Avenue Stuart Matts, 1646 Asbury Street William O'Neill, 55 Locust Street The Great Atlantic & Pacific Tea Co., Inc. (Transfer from 1101 Central Avenue effective Octo- ber 15, 1971), 3333 Asbury Street BE IT FURTHER RESOLVED that thc bonds filed with the ap- plication be approved. Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION No. 288.71 WHEREAS, applications for Bcer 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, 397 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 Duane C. Koeller & Hazel E. Koel- ler, 1701 Asbury Street Clarice Elizabeth Adams, 1091 White Street WilHam O'Neill, 55 Locust Street CLASS "C" BEER PERMIT Ralph J. Grabow, 1050 University Avenue Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler Nays-None. RESOLUTION No. 289-71 WHEREAS, application for Beer Permits have been filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this 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 bc and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Duane C. Koeller & Hazel E. Koel- ler, 1701 Asbury Street Clarice Elizabeth Adams, 1091 White Street William O'Neill, 55 Locust Street CLASS "C" BEER PERMIT Ralph J. Grabow, 1050 University Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- 398 Special Session, September 27, 1971 plicants be and the same are here- RESOLUTION No. 291.71 by approved. WHEREAS, applications for Li- Passed, adopted and approved quor Permits were filed by the this 27th day of September, 1971. within named applicants and they Gaylord M. Couchman have received the approval of this Mayor Council, and ~~;:~ t r;::l~:~auer W~S, the pre~es to be Donald R. Meyers ?ccupled by such applicants were Joseph J. Bitter ID.spected and found to com¡>ly Councilmen 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 is- sued to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Duane C. Koeller & Hazel E. Koel. ler, 1701 Asbury Street William O'Neill, 55 Locust Street Clarice Elizabeth Adams, 1091 White Street Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 290-71 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 62nd General Assembly, 1967. CLASS "C" COMMERCIAL ESTABLISHMENT Duane C. Koeller & Hazel E. Koel- ler, 1701 Asbury Street William O'Neill, 55 Locust Street Clarice Elizabeth Adams, 1991 White Street Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Councilman Bitter moved that the City Clerk be instructed to place sufficient agendas outside the entrance of the Council Cham- ber for Council meetings. Second- ed by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Special Session, September 27, 1971 Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Leo F. Frommelt City Clerk 399 Approved 197.. Adopted """""'" 197.. .......................................................... .......................................................... .......................................................... .......................................................... Councilmen """"""""""""'" Attest: ""'ë¡iY"'ëi~rk.