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1971 October Council Proceedings Regular Session, October 4, 1971 CITY COUNCIL OFFICIAL Regular Session October 4, 1971. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Co u c h man, Councilmen Bitter, Molclenhauar, Pregler. City Manager Gilbert D. Cha,,' elle. Absent - Councilman Meye". (out of city). Mayor Couchman read the caIl and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council caIled for the purpose of acting upon such busi- nes sas may propertly come before the meeting. Communication of Low-Rent Housing Commission submitting minutes of their meeting of Sep- tember 21, 1971, presented and read. Councilman Pregler moved that the communication and min- utes be received and filed. Second- ed by Councilman Bitter. Carried by the foIlowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. October 1, 1971 The Honorable Mayor and Members of City Council On behalf of the Town Clock Plaza Task Force, J extend our appreciation f<ll' the confidence the Mayor of the City of Dubuque expressed in charging us with the responsibility of planning and un- dertaking the three day program of events for the Grand Opening and Dedication of Town Clock Plaza celebrated August 12, 13 and 14, 1971. The occasion is now a part of the history of our community, and to assure that the celebration is properly recorded and visuaIly remembered for the years to come, the Task Force has present- ed to the Dubuque County Histor- ical Society, suitable memorabilia as a record of this festive affair. Tbese items include. 1. A bronze, a silver, and a gold medallion; 2. The Mayor's official Proclama- tion and the deed from the "Your Town Clock Committee"; 401 3. Tape recording of the remarks of George W. Romney, Secretary of the United States Department of Housing and Urban Develop- ment; 4. The winning photographs in the Town Clock Plaza Photo Contest; 5. Programs, brochures, guest lists and the official listing of all members of this Task Force; and 6. Copies of stationery, posters and other items developed and utiliz- ed in the promotion and carry- ing out of the three day program. The Task Force has discharged its assignment, and wishes to pass on to the City Council as its final act certain recommendations which are in the best interest of the community. 1. The informational booth in Pav- ilion Square should be manned on a regular basis, much in the same fashion as the Tourism Center. 2- A community plan is needed whereby the elderly with par- ticular emphasis on the handi- capped are brought into the downtown area on a regular bas- is for sbopping, visiting and enjoyment. 3. Appropriate public and private agencies and organizations should be encouraged to pro- vide frequent programs of a wide variety of activities in Town Clock Square and other open areas of Town Clock Plaza. The Task Force thanks the en. tire community for its support and participation, and expresses its gratitude to those many citi- zens and organizations who gave of their time, talent and treasure so unselfishly to make the Grand Opening and Dedication of Town Clock Plaza such a memorable oc- casion. Respectfully yours, C. A. Firzlalf Chairman Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Bitter. Carried by the foIlowing vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Communication of Mrs. Max Har- rington of Women's Organization of the First Congregational Church 402 Regular Session, October 4, 1971 urging the Council to allow the blind organization of the City to use the old Naval Reserve Build- ing, presented and read. Council- man Pregler moved that the COm- munication be recevied and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler- Nays-None. Absent-Councilman Meyers. September 29, 1971 To the Honorable Mayor and Members of the City Council This is to advise that 1 have approved the following policy and desire to have your approval on same. COMPREHENSIVE LIABILITY Curtis Straub Company, State Au- tomobile & Casualty Underwrit- ers RespectfuIly, Gilbert D. Chavenelle, City Manager Councilman Pregler moved filing approval subject to approval of the City Attorney. 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 Merchants Bonding Co. serving notice of can- ceIlation of name schedule bond in the amount of $5000. of Fred Sievers, Bond No. 240478, said can- ceIlation to be effective 30 days from October 1, 1971, presented and read- Councilman Moldenhau- er moved that the communication be referred to the City Attorney with instructions to commence legal action and if necessary seek an injunction to prevent subject from holding himself out as auth- orized to coIlect City water bills and for an accounting. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councllman Meyers. ,..'" September 28, 1971 Honorable Mayor and City Council On November 14, 1969, Elaine F. Callaghan, of 2938 lliinois Av- enue, this city, filed Notice of Claim against the City of Dubuque of bodily injuries aIlegedly suf- fered by her on the 8th day of October 8, 1969 at approximately 10:30 P.M. and further aIleging that said injuries resulted from her stepping into a hole in Asbury Street at or near the curb in front of 1701 Asbury Street in the City of Dubuque, Iowa and this matter was referred to the writer. I have made an investigation of said matter and have conferred with claimant's attorney, review- ed the medical bills and doctor bills and find that claimant suf- fered a fracture of the right foot, incurring a doctor bill of $60.00 and loss of wages in the amount of $319.68. Claimant, through her attorney, has made an offer of settlement of this claim in the amount of $600.00 and it is the recommendation of the City Attor- ney that said offer of settlement be accepted and that the City Aud- itor be instructed to draw a war- rant payable to Elaine F. Callag- han and William D. Callaghan, her husband, in the amount of $600.00 and transmit the same to the City Attorney for delivery upon receipt of dulv executed releases. Original Notice of Claim is returned herewith. Respectfully submitted, R. N. Russo, City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ier. Nays-None. Absent-Councilman Meyers. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend Zoning Ordinance No. 3-34 by Classifying the recently annexed territory, Lots 635 thro 643 in North Du- buque Addn. as Single Family Residence District Classification presented and read. ' No written objections were flIed and no oral objectors were pres- Regular Session, October 4, 1971 403 ent in the Council Chamber at the time set for public hearing. Coun- cilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ier. Nays-None. Absent-Councilman Meyers. ORDINANCE NO. 44-71 An Ordinance Zoning and Classi. fying recently annexed territory to the City of Dubuque, Iowa as a singlefamily residence dis- trict classification which Real Estate is hereinafter described, said Ordinance having been pre- viously presented and read at the Council ..meeting ..of ..August ..30, 1971, presented for final adoption. of D"""que. lowe. . --.--, eppcoy"" ood edopted !hI, 4fhdeyofOctobe,.1971. Gey'"d M. C,"chmoo Mevo, Welte, A. P,..le' Weyne A. MoIde"hew J,,"ph J. Bitte, C,,"Cllme" ATTEST, Leo F. Fcomme" City Cle,. ~~~~i,~he~e'(t'~~~ei~ ¡'It,~he7'¡;el~~~eP:¡ O,tobe', 1971. Leo F. F"""me" City Cle"'. 11.10/7 Councilman Pregler moved filial adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend Zoning OrdinBnce No. 3-34 so as to change Lots I, 2, 3 and 4 in Reeder Lang- worthy's Sub. and Lot 2 of the Sub. of M. L. 68, Lot 4A of the Sub. of M. L. 149, and the alley beginning at the northwest corner of Lot 4 in Reeder Langworthy's Sub. Ely. 262.36' to a point, thence Nly a distance of 20' thence Wly a distance of 260' to a point, in the Ely edge of Alpine Street a distance of 20' to the point of be. ginning, presented Bnd 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 receiv- ed and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. October I, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the pro- posal to reclassify from Local Busi- ness "A" to Local Business "B" property described as: Lots one (1), Two (2), Three (3), and Four (4) in Reeder Lang- worthy's Subdivision in the City of Dubuque, Iowa according to the recorded plat thereof and Lot Two (2) of the Subdivision of Mineral Lot 68; and Lot 4A of the Subdivision of Mineral Lot 149; the City of Dubuque, Iowa according to Alexander Ander- son's map of tbe Mineral Lots of Julien Township and vicinity and the recorded plats thereof. In the County of Dubuque, State of Iowa, beginning at the North- west corner of Lot Four (4) in Reeder Langworthy's Subdivi- sion in the City of Dubuque, Iowa, according to the recorded plat thereof; thence Easterly a distance of two hundred sixty two and thirty-six hundredth (282.36) feet to a point; thence Northerly a distance of Twenty (20) feet to a point; thence West- erly a distance of Two Hundred Sixty (260) feet, more or less, to 404 Regular Session, October 4, 1971 a point in the Easterly edge of Alpine Street; thence Southerly I along the Easterly edge of AI- ' pine Street; thence a distance of Twenty (20) feet to the point of beginning, which property is an unimproved alley. The Commission has found that the proposal is consistent with the proposed zoning ordinance as it was presented at the public hear- ing on August 6th. It is the recom- mendation of the Commission that the proposal be adopted. Respectfully submitted, Don Gilson, City Planner CITY pLANNING AND ZONING COMMISSION Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Meyers. ORDINANCE NO. 45-71 An Ordinance Amending end Changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain properly hereinafter de- scribad from "Lacel Business "A" Districf" classification to "Local Buslnass "B" Districf" Classification, said Ordinance having been pre- viously presented and read at the Council meeting of August 7, 1971, presented for final adoption. ,n AND 3-:>1 '"'". ATTEST' Lao F. ommelt In The Te,...a"'. H r thl, 7th day of Octobe'. 1. Lao F. Frommelt CItY Clerk. It. '0" Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Meyers. ORDINANCE NO. 51-71 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by _ling Subsection 6.3.20 of Section 6.3 of Parking Mater District C and by repe«ling Subsection 6.3.22 of SectIon 6.3 of Parking Meter District C thereof removing bott1 sides of Sixth Street between Central Avenue and Iowa Street and removing both sides of Eighth Street between Central Avenue and Iowa Street from said Parking Meter District, 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, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Councilman Bitter moved that the rule requiring reading of an Ordinance on three separate days Regular Session, October 4, 1971 405 be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. M. " 'e, A. P,egler ..ay.. A. Moldenha,e, Jo'e'" J. Bltle, ATTEST, C""nellmen Lao F. F,ommelt CI - P," He" Oetobe'. In The Teleg,a.h- , thl> 7th day of Loo F. Frommelt CItY Cieri.. It. '0" Councilman Bitter moved final adoption of the Ordinance. Second- ed by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. ORDINANCE NO. 52-71 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, lowe" by .......lIn. Subsection 6.3.19 of Section 6.3 of Parking Meter District C and repe«ling Subsection 6.3.27 of Section 6.3 of Parking Meter Dis- trict C thereof ...d enacting a new Subsection 6.3.19 to Section 6.3 of Parkin" Meter District C and enacting a new Subsection 6.3.27 to section 6.3 of Parking -r DIstrict C In lieu thereof to limit the parking of Motor Vehicles on streets hereinafter designated, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Meyers. 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 foIlow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Meyers. --""ou 6~3"-Óf C a, follow" 'I""et C. - . ,.... .""00 ""th 'Ide. _otween Cen"a' Aven,e and Loc",' Sir.., 6.3.27 Tenth St,eet. north "da. between Central Aven"" aod Iowa S,....." ,:aJ~~'\¡:~i%'!='M.ar*.:ua,:o,::",,;, thl, Mayor Walle, A. P,egler WaYne A. Moldenha,e, J"ePh J. Bin., Co,""lmen :Mllillli~~i.11 It. '0" In The Te'e...." !hI, 7th day of LOo F. Frommelt CItY CI.rk. 1illlllll..11 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Meyers. 1IIIIill~l~jllllll II¡ii'I:II'I"~~IIIII'! 406 Regular Session, October 4, 1971 ORDINANCE No. 53.71 An Ordinance Amending OrdI- nance No. 37-45 known .. the "Street Perking Meter Ordinance of Dubuque, Iowa" by repellIng liubsectlon 6.4.17 of Section 6.4 of Parking Meter District D and enacting a new Subsection 6.4.17 to Section 6.4 of Parking Meter District D In lieu thereof to lim- It the parking of Motor Vehicles on Streets hereinafter designat- ed, presented and read. Councilman Bitter moved that the reading just had to be consid- ered the first reading of the Ordi- n...ce. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Meyers. Councilman Bitter moved that the rule requiring the reading of an Ordinance on three separate days be waived. Seconded by May- or Couchman. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. ORDINANCE 53-71 onded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Moyen!. ORDINANCE NO. 54-71 An Ordinance Amending Ordi- nance No. 33-49 known "' the "Traffic Cede of Dubuque, Iowa" as amended by adding a new Subsection 25 to Section A of Schedule III thereof to provide that eastbound and Westbound Vehicles must atoP before enter- ing the Intersection of Washing- ton Street and Elst Thirteenth Street, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordi- nance. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Meyers. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Coucbman. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Meyers. ORDINANCE No. 54-71 11.10/7 Councilman Bitter moved final adoption of the Ordinance. Sec- ATTEST, Loo F. Frommo" CItY Clerk Regular Session, October 4, 1971 407 PobH'h,d offl",lIy '" Th. T,I,"'.h- Horald N,w,.,.", thl, 7th dOY or Ocrober. '971. Loo F. Frommelt CItY Clerk. 11.10/7 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Moldenhauer, Preg- ier. Nays-None. Absent - Councilman Meyers. Petition of Peoples Natural Gas Co. requesting permission to ex- cavate at 2149 Carter Road, pre- sented and read. Councilman Mold- enhauer moved approval of the petition. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent ~ Councilman Meyers. Petition of Don Erne request- ing a refund of $75 on tbe unex- pired portion of cigarette license No. 170, discontinued business on 8-15-71, presented and read. Coun- cilman Pregler moved that the re- fund be granted and the Auditor instructed to issue proper war- rant. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Petition of John R. Henry re- questing a refund of $75 on the unexpired portion of cigarette li- cense No. 173, discontinued busi- ness on 8-15-71, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Petition of Leone Tarry re- quesitng refund of $75 on unex- pired portion of cigarette license No. 145, discontinued business on 9-30-71, presented and read. Coun- cilman Pregler moved that the re- fund be granted and the Auditor -_..~'-- ~-- instructed to issue proper war- rant. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Petition of Karl H. Oleson re- questing a refund of $75 on the unexpired portion of cigarette li- cense No. 159, discontinued busi- ness on 9-30-71 presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. 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 Karl H. Oleson re- questing a refund of $100. on an unexpired beer license No. 40, dis- continued business on 9.30-71, pre- sented and read. Councilman Preg- ler moved that the refund be granted and the auditor issue prop. er warrant. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Petition of Denise O'Neill re- questing a refund of $75. on the unexpired porton of cigarette Ii. cense No. 62, discontinued busi- ness on 9-30-71, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Petition of Denise O'Neill re- questing a refund of $100. on the unexpired portion of beer license No. 43, discontinued business on 9-30.71, presented and read. Coun- cilman Pregler moved that the rè- fund be granted and the auditor instructed to Issue proper warrant. 408 Regular Session, October 4, 1971 Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Proof of Publication, certified to by the Publisher, and certified mail receipts of notice of public hearing to consider City Manager's report of delapidated bnildings at 1398 Washington Street, on N'h of Lot 122 in East Dubuque Addn. presented 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 Pregler moved that the proof of publication and mail receipts be received and filed. Seconded by Councilman Molden. hauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. RESOLUTION NO. 292-71 WHEREAS the City Manager has reported to the City Council that the buildings and premises located on the North 'h of Lot 122 in East Dubuque Adidtion, known as 1398 Washington Street, in the City of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of their condition and that demand has been made by him upon Mr. Allen Klein, 1254 Mt. Loretta Avenue, Dubuque, Iowa, and State Department of Social Services, 1473 Central Avenue, Dubuque, Iowa, as owner and in- terested party of said property, that the condition complained of be corrected and that said owner has failed to correct the condi- tions within the time provided by the notice; and, WHEREAS on August 30, 1971, the City Council set said report down for hearing at 7:30 P.M. Central Daylight Time October 4, 1971, in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it apepars by return """, of service now on flie in the rec- ords of the City Council that no- tice of said hearing was given by Registered Mail on September 1, 1971, and by publication in the Telegraph Herald newspaper on September 2, 1971, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on October 4, 1971, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time tbe owners of the above described real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, Iowa: Section I. That the structures known as 1398 Washington Street and located on the North 'h of Lot 122 in East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the City Man- ager be and he is hereby author- ized and directed to cause the structure known as 1398 Wasihng- ton Street and located on the North 'h of Lot 122 in East Du- buque Addition in the City of Du- buque, Dubuque County, Iowa, to be dismantled and removed. Section 3. That upon completion of said work, the City Manager shaIl certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section S. That the City Clerk be and is hereby directed to re- cord a certified copy of tfili¡ Res- olution in the office of the County Recorder of Dubuque County, Io- wa. Regular Session, October 4, 1971 Passed, adopted and approved this 4th day of October, 1971. Gaylord M- Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer 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 tbe following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. RESOLUTION NO. 293.71 WHEREAS, on the 28th day of June 1971, the City Council of Dubuque, Iowa, passed adopted and approved RESOLUTION NO. 177- 71, approving the plat of Block 5 and Block 6 of "Thomas Farm Addition" in the City of Dubuque, Iowa, subject to certain conditions set forth in said Resolution: and WHEREAS, Section 3 of said Resoiutiòn provided that Richard C. Henschel and Mildred L. Hen- schel provide security as required in Section 2 of said Resolution within 45 days from the date of said Resolution; and WHEREAS, the said Richard C. Henschel and Mildred L. Henschel have posted the required security, but due to conditions beyond the control of the City, said security was not posted within the re- quired 45 days from date of Res- olution No. 177-71. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section I. That the security post- ed by Richard C. Henschel and Mildred L. Henschel to secure per- formance of the provisions of Sec- tion 2 of Resolution No. 177-71, be and the same is hereby approved, and the failure of Richard C. Hen- schel and Mildred L. Henschel to post the required security within 45 days of June 28, 1971, be and the same is hereby waived. Section 2. That the terms and provisions set forth In RESOLU- TION NO. 177.71 be and the same remain in full force and effect 'I as though the required security 409 had been posted within the 45 day period as set out in said Resolu- tion. Section 3. That the said Richard C. Henschel and Mildred L. Hen- schel execute the acceptance here- to attached accepting the terms and provisions or RESOLUTION NO. 177-71 and the terms and pro- visions of RESOLUTION NO. 293- 71. Passed, adopted and approved this 4th day of October 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk ACCEPTANCE OF RESOLUTION NO. 117.71 and RESOLUTION NO. 293.71 We, the undersigned, Richard C. Henschel and Mildred L. Henschel having read the terms and condi- tions of Resolution No. 177-71 and Resolution No. 293-71, and being familiar with the conditions and contents thereof hereby accept the same and agree to perform all the conditions required therein. Isl Richard C. Henschel Isl Mildred L. Henschel Dated October 1, 1971. Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. RESOLUTION NO. 294-71 WHEREAS Halloween has been officially set for Sunday, Oct. 31, WHEREAS Problems have been encountered in the past of older children bullying younger children, and of finding more and more foreign objects placed in treats; WHEREAS Many parents are concerned for the safety and wel. fare of their children. NOW THEREFORE BE IT RE- SOLVED: That the City Council of the City of Dubuque encourage par- ents, churches and organizations that work with youth to provide 410 Regular Session, October 4, 1971 alternatives in the form of par- ties or other functions to take place on trick or treat night. Passed, adopted and approved this 4th day of October 1971. Signed by Mayor of Dubuque. Gaylord M. Couchman Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Moldenhauer, Pregler. Nays----Councilman Bitter. Absent-Councilman Meyers. RESOLUTION NO. 295-71 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. I CLASS "B" BEER PERMIT D. A. V. Club, Inc., 2600 Dodge Street Plaza 20 Joseph E. Reisdorf, 601 Rhomberg Avenue Doris J. Tigges, 2776 Jackson Street Donald C. Brimeyer, 1100 lincoln Avenue Cyril J. Fries, 201 East 22nd Street Anthony A. & Bette O. Helling, 701 Dodge Street Charles J. Spielman, 2401 Windsor Avenue Holiday Oil Distr., Inc., 665 Dodge Street CLASS "C" BEER PERMIT Kopple Market, Inc., 1098 Univer- sity Avenue Nabors of Iowa, Inc., 1920 Elm Street Brookside Dairy, Inc., 2113 Wind- sor Avenue Brookside Dairy, Inc., 1540 Central Avenue National Tea Company, 2013 Cen- tral Avenue Passed, adopted and approved this 4th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. RESOLUTION NO. 296-71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and be is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT D. A. V. Club, Inc., 2600 Dodge Street Plaza 20 Joseph E. Reisdorf, 601 Rhom- berg Avenue Doris J. Tigges, 2776 Jackson Street Donald C. Brimeyer, 1100 lincoln Avenue Cyril J. Fries, 201 East 22nd Street Anthony A. & Bette O. Helling, 701 Dodge Street Charles J. Spielman, 2401 Wind- sor Avenue Holiday Oil Distr., Inc., 665 Dodge Street CLASS "C" BEER PERMIT Kopple Market, Inc., 1098 Univer- sity Avenue Nabors of Iowa, Inc., 1920 Elm Street Brookside Dairy, Inc., 2311 Wind- sor Avenue Brookside Dairy, Inc., 1540 Cen- tral Avenue National Tea Company, 2013 Cen- tral Avenue BE IT FURTHE!', RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Regular Session, October 4, 1971 Passed. adopted and approved this 4th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. RESOLUTION NO. 297.71 WHEREAS, applications for liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 123--as amended by the 62th General Assembly, 1967. CLASS "C" COMMERCIAL ESTABLISHMENT Cyril J. Fries, 201 East 22nd Street Charles J. Spielman. 2401 Wind- sor Avenue Holiday Oil Distr., Inc., 665 Dodge Street CLASS "B" MOTEL Anthony A. & Bette O. Helling, 701 Dodge Street Passed, adopted and approved this 4th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the foIlowing vote: Yeas - Mayor Couchman, Coun- 411 cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. RESOLUTION NO. 298.71 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were 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 is- sued to the foIlowing named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Cyril J. Fries, 201 East 22nd Street Charles J. Spielman, 2401 Windsor Avenue Holiday Oil Distr., Inc., 665 Dodge Street CLASS "B" MOTEL Anthony A. & Bette O. HelIing, 701 Dodge Street Passed, adopted and approved this 4th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded 'by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman Meyers. RESOLUTION NO. 2-71 DUBUQUE AIRPORT COMMISSION WHEREAS. by reaSOn of the growth and development of cer- tain trees on the property of Mr. Vincent Ambrosy constitute a nav- igational hazard to the aircraft ap- proaching the runway of the Du- buque Municipal Airport; and to its terms shall be accepted within five (5) days of October 4, 1971 and it is anticipated that said offer will be rejected; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That Eminent Do- main proceedings be instituted for the purpose of removing the navigational hazard to the aircraft approaching the runway of the Du- buque Municipal Airport consist- ing of trees growing in the farm yard of Vincent Ambrosy of Du- buque County. Iowa and it is the decision of this City Council that such Eminent Domain Proceedings would be in the best public inter- est and would be for public pur- pose. Section 2. That the City Attor- ney be and he is hereby author- ized and directed to institute such Eminent Domain proceedings for and on behalf of the City of Du- buque, Iowa by and through its Airport Commission at the earliest possible time in his judgment he deems expedient in the event that the offer made to Mr. Ambrosy is rejected. Passed, adopted and approved this 4th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Regular Session, October 4, 1971 Seconded by Mayor Couchman. Carried by the foIlowing vote: Yeas - Mayor Couchman, Coun- cilmen Moldenhauer, Pregler. Nays-None. Absent - Councilmen Bitter, Meyers. Councilman Pregler moved that the Assistant City Manager invite and inform the Council aspirants to be present at budget sessions and keep them informed as to bud- get progress. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen, Moldenhauer, Pregler. Nays-None. Absent - Councilmen Bitter, Meyers. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Moldenhauer, Pregler. Nays-None. Absent - Councilmen Bitter, Meyers. 413 412 Regular Session, October 4, 1971 WHEREAS. an offer has been made to the said Vincent Ambrosy for the purpose of topping said trees to conform with the perti- nent re!(Ulations; and WHEREAS, it is expected that said offer will be rejected. NOW THEREFORE BE IT RE- SOLVED by the Airport Commis- sion of the City of Dubuque, Iowa: Section I. That the Airport Commission in and for the City of Dubuque, Iowa be and it hereby formally goes on record request- ing the City Council to take imme- diate action to cause said right-of- way for purposes of topping the trees on the Ambrosy farm by means of Eminent Domain pro- ceedings. Section 2. That, it would serve the best public interest that this action be instituted at the earliest poss.ble time. Passed, adopted and approved this 4th day of October, 1971. Lester M. Harney Vic J. Grice Uoyd L. Peterson Attest: Jeff G. Molid Councilman Pregler moved that the resolution be made a matter of record. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. RESOLUTION NO. 299.71 WHEREAS, the Airport Commis- sion of the City of Dubuque, Iowa by Resolution it has adopted on the 4th day of October, 1971, and a certified copy of which was transmitted to the City Council has requested the City Council to institute Eminent Domain proceed- ings against Vincent Ambrosy in connection with the trees grow. ing in his farm yard which he has permitted to grow to a height constituting a navigational hazard to the aircraft approaching the runway of the Dubuque Municipal Airport; and WHEREAS, the City Attorney by and through the directions of the Airport Commission has made an offer to the said Mr. Vincent Ambrosy; and WHEREAS, said offer according ""~ Leo F. Frommelt City Clerk Approved ....................................1972 Adopted ......................................1972 Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Meyers. Councilman Bitter left the Coun- cil Cham- at 9:011 P.M. Communication of City Manager Chavenelle submitting the budget recommendation for the year 1972 calling for an expenditure of $9,555,296 to be financed with a tax rate of 49.242 mills, presented and read by the Manager. Council- man Pregler moved that the COM- munication be received and filed. 'l'il¡ill~I.11 Councilmen Attest: City Clerk 111111111111.11 I!IIIIIIIII~~.I! "'IIII.!II~~II~II'I 414 Special Session, October 11" 1971 CITY COUNCIL OFFICIAL Special Session October II, 1971. Council met at 7:30 P.M. (C.D.T.) Present - Councilmen Bitter, Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chave- nelle. Absent-Mayor Couchman (out of City). Councilman Pregler moved that Councilman Meyers be elected Pre- siding Officer Pro Tem of the meeting in the absence of Mayor Couchman. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas - Councilmen Meyers, Moldenhauer, Pregler. Nays-None. Councilman Bitter absent at roll call. Presiding Officer Pro Tem Mey- ers read the call and stated that service thereof had 'been duly made and this meeting is called for the purpose of SETTING A ~~r'BJl¡~~~:c;.~~F T= I PENDITURES, and acting upon such other business as may prop- erly come before a regular meet- ing of the Council. Communication of Iowa State Department of Health submitting a report of an investigation of a fish kill in Maus Lake, caused by equipment failure at Terminal Street Lift Station, causing over- flow of the Dodge Street Storm sewer, looking forward to a re- port on the maintenance of high- est degree of lift station reliabil- ity as to progress on January 1, 1972, presented and read. Council- man Pregler moved that the com- munication be received and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Absent-Mayor Couchman. October 11, 1971 The Honorable Mayor and Members of the City Council Gentlemen: Attached hereto is the list of judges and clerks who will be in charge of the Election Registers at the various precincts for both the Primary Election October 19, 1971, and the General Election November 2, 1971. We hereby request approval of the list. Respectfully submitted, Leo F. Frommelt City Clerk Councilman Moldenhauer moved approval of the list. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. October 8, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of Robert Bertsch, represent. ing Midwest Developers for the erection of a sign at Kennedy Road and Stoneman Road on the right of way. I recommend that the petition be denied. I enclose a letter from the Build- ing Commissioner also recommend- ing that the petition be denied. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Presiding Officer Pro Tern Meyers. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent - Mayor Couchman. October 7, 1971 To the Honorable Mayor and City Council The 1971 National Electric Code has been published and it is pro. posed that our city ordinance be so updated and various provisions of the ordinance reviewed. It has been suggested by the members of the Building Depart- ment and the Building Code Com- mittee Chairman that members of the Board of Electrical Exam- iners undertake this review. I would request that members of both the Electrical Examiners Board and Appeal Board under- take this work. Would you please affirm the Special Session, October 11, 1971 desiguation of these board mem- bers to conduct the review and make recommendations to the council. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the Manager's re- quest. Seconded by Presiding Of- ficer Pro Tem Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. Notice of claim of OrdeIia Cross, in an unnamed amount, for per- sonal injuries received in a fall at 1500 Lincoln Avenue, on August 13, 1971, presented and read. Councilman Bitter moved that the notice of claim be referred to the City Attorney for proper proceed- ings. Seconded by Presiding Offi- cer Pro Tem Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. Notice of claim of Steven J. Schadle in the amount of $55.40 for car damage incurred as the result of driving into an excava- tion, while street was under con. I struction at Loras & Grandview on October 2, 1971, presented and read. Councilman Bitter moved that the notice of claim be re- ferred to the City Attorney for proper proceedings. Seconded by Presiding Officer Pro Tem Mey- ers. Carried by the foIlowing vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. Notice of Snit of Leonard Clark, in the amount of $424.77, for car damage incurred as the result of striking a defective manhole in Curtis Street on June 10, 1971, presented and read. Councilman Bitter moved that the notice of suit be referred to the City Attor- ney for proper proceedings. Sec- onded by Presiding Officer Pro Tem Meyers. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro 415 Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. Notice of Claim of Dolly Rens- low, in the amount of $25,000, for personal injuries received in a fall on a defec'tive sidewalk at 1100 Main Street on September 17, 1971, presented and read. Councilman Bitter moved that the notice of claim be referred to the City At- torney for proper proceedings. Seconded by Presiding Officer Pro Tem Meyers. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. ORDINANCE NO. 55-71 An Ordinance amending Ordi. nance No. 33-49 known as the "TraHic Code of Dubuque, Iowa," as amended, by repealing Section 2.2 thereof and enacting a new section 2.2 in lieu thereof requiring the vehicle registra. tion to be cerried In the vehicle and to be shown to any peace officer upon request, presented and read. Councilman Moldenhauer moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent - Mayor Couchman. Councilman Moldenhauer moved that the rule requiring reading an Ordinance on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. 416 Special Session, October 11, 1971 ocelot of ;"~~ I'J: 'en> ,"d> all limes ,wto'd> " 'n 10 anv ,.est." ,pfed mio ATTEST, Leo F. .-ommelt Citv Pubii'" in The Teleo"nh- Ii...ald mlo 15m dav of Oct"',. 00 F. F..mmelt Citv Cle"'. It. 10/15 Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Presiding OUicer Pro Tern Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. Petition of Colt .45 Drum & Bu- gle Corps requesting permission to conduct a candy sale from Octo- ber 15tb to the end of November for the benefit of operating the corps during the coming year, pre- sented and read. Councilman Preg- ler moved approval of the petition and that same be referred to the Manager for implementation. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas - Presiding OUicer Pro Tern Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. Petition of Y.M.C.A., Y Men's Club requesting permission to sponsor the annual HaIloween pa. rade scheduled for October 29, 1971, presented and read. Presid- ing Officer Pro Tem Meyers moved that the petition be approved. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Presiding OUicer Pro Tem Mey. ers, CoUÍ1cilmen Bitter, Molden- hauer, Pregler. Nays-None. Absent-Mayor Couchman. Petition of Patrick Smith of 1827 Keyway requesting the review of a situation involving the location of a dog pen at 1815 Keyway, pre- sented and read. Councilman Preg- ler moved that the petition be re- ferred to the City Attorney for proper proceedings. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. Petition of C. Gary Berg request- ing purchase of alley located be- tween 2524 and 2528 Stafford Ave., presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zon- ing Commission for investigation and report. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. Petition of Peoples Natural Gas requesting permission to cut three holes in West Third Street to re- place leaking mains and service lines, presented and read. Council- man Moldenhauer moved that the petition be granted. Seconded by Presiding Officer Pro Tem Meyers. Carried by the following vote: Yeas - Presiding om- Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. RESOLUTION NO. 300-71 WHEREAS the City Manager has submitted a BUDGET ESTI- MATE as provided in Chapter 24 of the 1971 Code of Iowa and the City Council had been duly con. sidered and caused to be prepared the budget estimate for expendi- tures for the fiscal year beginning January 1, 1972 and ending De- cember 31, 1972, as a basis for the tax levy for the year 1971, and said budget having been duly ap- proved by it. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That said Budget Estimate be and the same is bereby ordered filed in the office of the City Clerk of the City of Dubuque, Iowa, and the date of the pnhlic hearing is hereby fixed as the 28th day of October 1971, at 7:30 o'clock Special Session, October 11, 1971 417 P.M. Central Daylight Time in the Council Chamber at the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is here- by directed to cause said budget estimate of expenditures to be published in the official newspa- per of the City of Dubuque and the official notice to be given of the time and place, when and where said Budget Estimate will be considered by said Council for final adoption at which time and place taxpayers will be heard for or against said estimate, said pub- lication to be not less than ten (10) days before said date of hear- ing. Passed, adopted and approved this 11th day of October 1971. Donald R. Meyers Presiding Officer Pro Tem Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Mey- ers moved adoption of the resolu- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. October 7, 1971 To the Honorable Mayor and City Council I hereby submit the attached sheet No.1 of I inclusive showing a schedule of the proposed valua. tions and assessments for the con- srtuction of the John F. Kennedy Road Sanitary Sewer from Spring Valley Road, North-East Side. Respectfully submitted, John L. White, P,E. City Engineer Councilman Bitter moved ap- proval of the schedule. Seconded by Presiding Officer Pro Tem Mey- ers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. RESOLUTION NO. 301.71 Approval of Preliminary Esti- mate, proposed plans, specifica- tions, form of contract and all oth- er documents for the construction of John F. Kennedy Road Sanitary Sewer from Spring Valley Road North-East Side, in an estimated amount of $6,554,48, presented and read. Councilman Pregler moved adoption of the resolution. Seconded by Councilman Molden- hauer. Carried hy the following vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. (Necessity for Improvement) RESOLUTION NO. 302.71 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly 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 fonowing: I. The size and kind of sewers. 2. Esch lot proposed to be as- sessed 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 thereof which is estimated to be assessed against each lot, for the construction of the John F. Ken- nedy Road Sanitary Sewer, from Spring Valley Road, North-East Side. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements 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 418 Special Session, October 11, 1971 the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty 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 ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be done out of the sanitation funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 11th day of October, 1971. Approved and placed on file for final action. Approved: Donald R. Meyers Presiding Officer Pro Tem Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by Presiding Officer Pro Tem Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Meyers, Councilmen Molden- hauer, Pregler, Bitter. Nays - None. Absent - Mayor Couchman. (Fixing date of hearing) RESOLUTION NO. 303-71 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 301-71 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of the John F. Ken- nedy Road Sanitary Sewer, from Spring Valley Road, North-East Side and, WHEREAS. the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec- tion. BE IT THEREFORE RESOLVED that on the 15th day of November, 1971, a public hearing will be held at 7:30 o'clock P.M. C.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 11th day of October, 1971. Donald R. Meyers Presiding Officer Pro Tem Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Mey- ers moved adoption of the resolu- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Presiding OUicer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. There being no further business Councilman Pregler moved to ad- journ. Seconded by Presiding Of- ficer Pro Tem Meyers. Carried by the folli>wing vote: Yeas - Presiding Officer Pro Special Session, October 11, 1971 419 Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. Leo F. Frommelt City Clerk Approved ,......1972 Adopted ..1972 .......................................... Councilmen Attest: City Clerk 420 Special Session, October 20, 1971 CITY COUNCIL OFFICIAL Special Session, October 20, 1971. Council met at 4:30 P.M. (C.D.T.) Present - Mayor Couchman, Councilmen Bitter (absent at roll call), Meyers, Moldenhauer, preg. ler. Absent - City Manager Gilbert D. Chavenolle. (out of City). Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of Deciaring tho Rosults of the Can. va.. of the Municipal Primary Election held on Tuesday, October 19, 1971, and acting upon such oth- er business as may properly come before a regular meeting of the Council. Proof of publication, certified to by the Publisher, of Municipal Primary Election Ballot showing candidates for nomination of Councilmen and Park Commission- er voted on Tuesday, October 19, 1971, presented and read. Council- man Meyers moved that the proof of publication be received and filed. Seconded by Mayor Couch- man. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. October 20, 1971 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 363.24 of the 1971 Code of Iowa, on October 20, 1971, I made a public canvass of the election returns of the MU- NICIPAL PRIMARY ELECTION held on October 19, 1971, and here- tofore submit the report of the results of said canvass. In accordance with the provi- sions of said Chapter the follow- ing is a list of nominees for all offices to be filled at the forth- coming Municipal General Elec- tion to be held on November 2, 1971: "'., For COUNCILMEN for the term commencing the second secular day in January 1972. C. Robert Justrnann-Nominated by Primary Election. Alan T. Thoms-Nominated by Primary Election. Emil Stackis-Nominated by Pri- mary Election. Arthur M. Boardman - Nomi- nated by Primary Election. For PARK COMMISSIONER Reg- ular Term, 6 year, commencing January I, 1972. Dominic Goodmann-N ominated by Primary Election. Elmer Thompson-Nominated by Primary Election. For MUNICIPAL COURT JUDGES Frank D. Gilloon Jr.-Nominat- ed by Petition. Karl Kenline - Nominated bv Petition. - For MUNICIPAL COURT CLERK. Joseph A. Stieber-Nominated by Petition. For MUNICIPAL COURT BAILIFF. Elmer D. Johanningmeier-Nom- inated by Petition. I, Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa, do hereby certify that on October 20, 1971, I publicly canvassed the re- turns of the MUNICIPAL PRI- MARY ELECTION, held on Octo- ber 19, 1971 and find the follow- ing results; Nominated by Primary Election for Councilmen: C. Robert Justmann-3611 votes Alan T. Thoms-3590 votes Emil Stackis-2904 votes Arthur M. Boardman-2790 votes Nominated by Primary Election for Park Commissioner: Dominic Goodmann-44O5 votes Elmer Thompson-2943 votes TOTAL VOTES CAST--6,094 Respectfully submitted, Leo F. Frommelt City Clerk Councilman Pregler moved that the canvass be received and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Special Session, October 20, 1971 421 VOTE OF MUNICIPAL PRIMARY ELECTION, OCTOBER 19, 1971 For Coondlmen For Po" Commlulonon i ! .. ~~ ~1! h C. 1st 270 2nd 213 3rd 69 4th 47 5th 142 6th 333 7th 46 8th 85 9th 76 10th 134 11th 243 12th 96 13th 178 Itth 208 15th 184 16th 319 17th 145 ';5 R ... ."i ~r Ii o~ zz 1:& I. .~ .~ u~ o:~ I! . I .1 ... ¡¡E BE Ë] .!!! 0 c.. " ! h ..u 48 32 12 13 25 69 4 23 21 28 29 16 23 36 23 48 26 230 218 123 71 129 329 51 96 86 128 197 96 161 215 157 322 154 374 320 115 72 161 488 57 125 97 150 292 88 167 234 216 443 212 =i E. ... ~I i. ~z I ~i !~ --- 126 111 46 44 75 228 41 63 57 71 115 62 87 153 102 186 109 288 197 65 65 108 388 40 84 104 135 232 81 237 247 189 329 145 412 365 108 75 164 457 33 98 65 152 273 75 158 257 182 452 244 454 396 166 103 197 530 62 146 136 196 338 109 250 332 243 515 230 201 149 64 46 105 268 27 71 51 95 152 49 102 172 102 242 152 258 235 71 66 121 354 47 78 88 125 232 102 176 204 208 347 141 636 530 211 139 278 741 70 199 176 288 450 171 348 460 346 709 338 Tot. 2790 478 2761 3611 1876 2904 3590 4405 2048 2943 6094 ---- October 18, 1971 To the Honorable Mayor and City Council A request has been received for street lights on Mineral Street, Steger Heights Subdivision, Blocks 13, 15 and 18. It is recommended that four 175 watt mercury vapor lights be in- stalled at the following locations: On easement, northeast property line of Lot 2 of 2 of Block 13. On easement, between Lots 5 and 6 of Block 18. On easement between Lots 8 and 9 of Block 18. Dn easement between Lots 2 and 3 of Block 15. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. October 18, 1971 To the Honorable Mayor and City Council The street lighting situation at the North Grandview and Delhi Street intersection has been inves- tigated and as a result it is rec- ommended that: I) A 4000 lumen light located on the southeast corner be replaced with a 250 watt mercury vapor light mounted on a long bracket. 2) On the northwest corner in- stall a new 250 watt mercury va. por light, Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Meyers. Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. October 11, 1971 To the Honorable Mayor and City Council I am returning the petition of Mr. Neil Loney about track traf- fic in an alley next to his resi- dence. A "No Trucks Allowed" sigu has been installed. 422 Special Session, October 20, 1971 Enclosed is an explanatory let- I ter from Chief O'Brien. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Abse_Councilman Bitter. October 11, 1971 To the Honorable Mayor and City Council I am returning the petition of Melvin Boelk and others for stop signs on Washington Street at 18th and 19th Street intersections. I recommend that the petition be denied. The reason. for not installing the stop sigus are stated in an at. ta.hed letter from Chief O'Brien. Note that visibility at the inter- seetion. has been improved. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. October 11, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of Mr. Randall and Mr. Head- ington requesting parking on both sides of Pinard Street. It is recommended that the pe- tition be denied because the street is only 23 feet wide. The facts of this situation are set out in the attached letter from Chief O'Brien. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Notice of Claim of Farm Bureau Mutual Insurance Co. advising of subrogation of loss Involving an auto accident on October 3, 1971 at Langworthy and Alpine Streets for damages received to their in- sured Ambrose Neumann in the amount of $550 and Judith Sclluel- ter in the amount of $683.27, pre- sented and read. Councilman Preg- ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Notice of Claim of Mrs. L. W. Doty of 1770 Sherbrook Dr. N. E. Cedar Rapids, Iowa, in an unde- termined amount, for personal in- juries received by stepping on a temporary ramp between Kresge's Store and a child's play pavilion on October 9, 1971, presented and read. Counciftnan Pregler moved that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. October 18, 1971 Hon. Mayor and City Council As you know, the matter of the Washington Street rezoning which was the subject matter of appeal by certain parties who were own- ers and tenants of business prop- erties in the area, and who ap- pealed to the District Court of Dubnque County, Iowa from the action of tbe City Council in adopt- ing said Ordlnaifce No. 23-69 which, in effect, changed the zon- ing classification from Light In- dustrial District Classification to Multiple Residence District Classi- fication of the general area of the property known as the Wash. ington Street neighborhood area. You will recall that the District Court of Dubuque County, Iowa en- Special Session, October 20, 1971 tered an order after hearing strik- ing down said ordinance as being invalid and, thereafter, City of Dubuque appealed to the Supreme Court of Iowa and the Supreme Court of Iowa ruled on September 27, 1971 and the Supreme Court held that the rezoning ordinance was invalid with respect to plain- tiffs' property which were used when such ordinance was adopted for commercial or light industrial purposes, and accordingly, the de- cree of the District Court was modified. The Supreme Court held that the rezoning Ordinance as re- lates to plaintiffs' properties which were used when such ordi- nance was adopted for commercial or light industrial purposes to be invalid. It is my opinion, that consider- ing the petition of the plaintiffs and the decision of the trial court as reviewed by the Supreme Court, that the zoning Ordinance No. 23- 69 has been declared valid, by the Supreme Court of Iowa as to all property in the area rezoned with the exception of the plaintiffs' property which were used when such ordinance was adopted for! commercial or light industrial pur-I poses. For your information therefore, according to the petition original- ly filed herein, the following named and the properties set out in the attached schedule "A" by reference made a part hereof,' are excluded from the provisions and terms of Ordinance No. 23-69 which changed the zoning classi- fication from Light Industrial District to Multiple Residence Dis- trict Classification of the property commonly known as the Washing. ton Street neighborhood area. It is also my opinion, having examined the petition of the ob- jectors or plaintiffs, and having examiu'ed the decree of the Dis- trict Court of Dubuque County, Iowa and having examined the opinion of the Supreme Court of the State of Iowa, that any business or industrial property within the area rezoned under and by virtue of Ordinance No. ~9 that was used for èommercial or industrial purposes but the owners of which, or the parties having an interest therein, who did not become plain- tiffs in said action that their re- 423 spective properties would be cov- ered by said zoning ordinance, and accordingly, said property would be reclassified to Multiple Resi- dence District Classification. I am attaching a copy of the Supreme Court's opinion hereto and am returning same herewith. I am forwarding a copy of this letter to the office of the Planning and Zoning Commission and a copy to the Building Commission- er of the City of Dubuque, Iowa. Respectfully submitted, R. N. Russo City Attorney Mayor Couchman moved that the communication be received and made a matter of record. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Councilman Bitter entered the Council Chamber at 4:55 P.M. Ordinance No. 56-71 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended by repealing Section 3.3 thereof and enacting a new section 3.3 In lieu thereof prohibiting unlawful use of a temporary driver's permit, tem- porary instruction premlt, op- erator's li.ense and cluluffeur's license, presented and read. Councilman Pregler moved that reading just had be considered the first reading of the Ordinance. 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- lowing vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 2. 3. . "¡;'a~;.r ,- G pr.."" Wavoe A. MDldenhe.", Donold R. Me.ers Jo..ph J. Bitter C...- N;~~T~"'"'""1t p~:r",~e~c1aIIY 10 The Teleor..h- -... New..."" '"Is 26th ... of ~r. 'or.. F. Fromme" CIIY CIeri<. 11. 10/26 Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Car- ried by the foIlowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 57.71 An Ordinance Amending Ordi. nanc. No. 33-49 known as the "TraHlc Code of Dubuque, I_a" as amended, by repealing subeecllon 3 of Section 5.2 thereof and enacting a new sub- eectIen 3 hi ...-tlon 5.2 In lieu tIMNOt' to provide for a 10 The Tele.raph. thl. 26th da. of "1?,;'d'e~me" It. 10/26 Councilman Pregler moved final adoption of the Ordinance. Sec- Special Session, October 20, 1971 425 onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 58.71 An Ordinance Amending Ordi. nanee No. 33-49 known as the "Traffic Cod. of Dubuque, Iowa" as amended, by repealing Section 7.2 thereof and enactIng a new Section 7.2 in lieu thereof to require the leaving of id.MI. flcatlon at tha scene of a fatal accident, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. 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 Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau- er, Pregler. Nays-None, Special Session, October 20. 1971 right turn on a red light when sign posted, presented and read. Councilman Pregler moved that the reading just had .be considered the first reading of the Ordinance. 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 he waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. It. 10/2' Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Holiday Oil Distrib- uting Inc. requesting permission to excavate in Pennsylvania Ave- nue to connect to sewer and wa- ter to service a new station at the corner of Pennsylvania Ave. & Kennedy Road, presented and read. Councilman Meyers moved approval of the petition. Seconded by Mayor Coucbman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate at 59 S. Locust Street to repair leaking gas main, presented and read. Councilman Meyers moved approval of the petition. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Wahlert High Sehool sophomores requesting permission to conduct a Fall Out Activities parade on November 3, 1971, pre- sented and read. Councilman Preg- ler moved that the petition be re- ferred back to Wahlert and if con. currence is received from the school the permit be granted. Sec- onded by Councilman Bitter. Car- ried by the following vote: 426 Special Session,- October 20, 1971 Special Session, October 20, 19ï1 427 Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Chris Block request- ing the organization of a Girl's Club, presented and read. Mayor Coucbman moved that the petition be referred to the Recreation De- partment with instrUctions to cor- erspond with the petitioner. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ReSOLUTION NO. 304-71 WHEREAS, on the 13th day of October, 1971, death brought to a close the active life of Frederick T. (Ted) Aschman, President of Barton-Aschman & Associates; and WHEREAS Ted Aschman with foresightednèss and zeal has been a leader in developing and stimu- lating a wide range of activities to improve the "quality of life" in American Communities;; and WHEREAS, Dubuque's Town Clock Plaza, an outstánding exam- ple of that type of environmental achievement planned under the di. rection of Ted Aschman, has brought area-wide recognition and goodwill to the City of Dubuque; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Mayor and City Council of the City of Du- buque do by this Resolution and for the public record recognize the contribution and influence of Frederick T. (Ted) Aschman in furthering programs that recog- nize the importance and impera- tiveness of the orderly growth and rebuilding of American Commu- nlÌies, and tIiat they further rec- ognize that his death creates a void which wiIl be felt for some time to come by his associates. SEeTION 2. That the Director of the Department of Urban Renewal be directed to cause copies of this Resolution be sent to his family and' to his collleagues at Bilrton- Aschman Associates~ Passed, approved and adopted this 20th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen attached hereto and made a part hereof. SECTION 2. That the City Clerk be and he is hereby authorized and directed to accept and tabulate proposals for the sale of said notes and to send telegrams of accept- ance to the low bidder or bidders all in accordance with instructions covering such transactions as pro- vided by the Department of Hous- ing and Urban Development, United States of America. SECTION 3. That a meeting of the Council of the City of Du- buque shall be held after the bid opening date of November 16, 1971, to adopt such resolution or res,olutions necessary for the con- summation of the sale of Project Notes (Fifth Series 1971) to the lowest bidder or bidders. Passed, approved and adopted this 20th day of October, 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 Moldenhauer. Car- ried by the following vote: Yèas ~ Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RI!SOLUTION NO. 305.71 Authorizing the Publication of NoHcé of Sale of p.roiect Notes (Fifth Series 1971) and the ROo ceiving of Proposals for the Sale of hid Notes for the Downtown Urben Renewal Project, Iowa R.15. WHEREAS, under date of July 26, 1967, the City of Dubuque en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, under date of Au- gust 7, 1971, the Council of the City of Dubuque adopted Resolu- tion No. 273-71 authorizing to be issued, from time to time, Project Notes in connection with the Down- town Urhan Renewal Project, Iowa R-15; and WHEREAS, under date of May 10, 1971, the Council of the City of Dubuque authorized the issu- ance and sale of its Project Notes in the aggregate principal amount of $3,305,000 to finance certain undertakings in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in order to refi- nance a portion of the outstand. ing Project Notes, it is necessary for the City of Dubuque tG sell Project Notes (Fifth Series 1971) totaling $1,568,000; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa: SECTION 1. That the City Clerk be and he is hereby authorized and directed to publish according to law "Notice of Sale - Project Notes" In the forlll of Exhibit "A" Attest: Leo F. Frommelt City Clerk J¡XHIBIT HA" Notice of Sale - Project Nøt.. CITY OF DUBUQUIi, IOWA Sealed proposals will be re- ceived by City of Dubuque, Iowa (herein called the "Local Issuing Agency") at Council Chambers, City Hall, 13th and Iowa in the City of Dubuque, State of Iowa, 52001, until, and publicly opened at, One o'clock P.M. (E.D.S.T.) on November 16, 1971, for the pur- chase of $1,588,000 of Project Notes (Fifth Series 1971), being issued to aid in financing its proj- ect(s) as follows: Amount, $1,588,000; Series, Fifth -1971; Maturity, 3-10-72. The Notes will 'be dated Decem- ber 14, 1971, will be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the pro- posal or proposals accepted for the purchase of such Notes. All proposasl for the purchase of said Notes shall be submitted in a form approved by the Local is- suing Agency. Copies of such form of proposal and information con- cerning the Notes may be obtained from the Local Issuing Agency at the address indicated above. De- tailed information with respect to the conditions of this sale may be obtained from the November 3, 1971 issue of The Daily Bond Buy. er. City of Dubuque, Iowa By Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Oouncilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. RESOLUTION NO. 306-71 WHEREAS, the people of the State of Iowa have been ever dili- gent in seeking and promoting ev- ery educational opportunity; and WHEREAS, the State of Iowa's admission to the Union was based upon the fundamental principles laid down by the founding patri- ots; and WHEREAS, at this immediate time in history there Is a need for Americans to renew their efforts in the task of building the land of promise that our fore-fathers envisioned for all the people; and WHEREAS, the Iowa Society, Children of the American Revolu- tion, is seeking to accomplish these goals through a special pa- triotic education committee; and WHEREAS, the Governor of the State of Iowa has proclaimed the week of October 12 through 19. 1971 as PATRIOTIC EDUCATION WEEK and has urged the people of the State of Iowa to devote themselves to recalling our histor- ic past from the landing of the Pilgrims three and one.half cen- turies ago to the present day of space exploration, and to rededi- cate their lives to the principles of American Uberty through re- sponsible citizenship: NOW, THEREFORE, BE IT ltE- SOLVED by the City Council of the City of Dubuque, Iowa: That the City Council endorses the concept of the PATRIOTIC ED- UCATION WEEK and the procla- mation of the Governor and urges the people of the City of Dubuque to give thought to the sacrifices '1IIMIIII18'1 1IIIill'..11 !ìll!I!III~!*I.1 and risks that our forefathers en- dured to found America and make it the "Land of Opportunity" that it is. Passed, approved and adopted this 20th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Special Session, October 20, 1971 Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. There being no further business Councilmen Pregler moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. Leo F. Frommelt City Clerk 423 Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Moldenbauer. Car- ried by tbe following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenbau- er, Pregler. Nays-None. Councilman Pregler moved that Richard C. Henschel be reappoint- ed to Electrical Board of Appeal for a six year term beginning 12. 31-71; John S. Shifflett reappoint- ed to the Board of Electrical Ex- ;uniners for a six year term begin. ning 12-31-71; and Wm. Clemens Jr. Re-appointed to the Airport Commission for a six year term beginning 9-14-71. Seconded by Councilman Bitter. Carried by the following vote: """ ' Approved ....................................1972 Adopted ......................................1972 .......................................................... Councilmen Attest: City Clerk Special Session, October 26, 1971 CITY COUNCIL OFFICIAL Special Session, October 26, 1971. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Couchman, Councilmen Bitter, Meyers, Mol. denhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman 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 THE 1972 BUDGET ESTI. MATE and acting upon such other business as may properly come be- fore a regular meeting of the Council. October 22, 1971 To the Honorable Mayor and Members of the City Council. Gentlemen: Attached hereto is a list of par- cles of real estate within the City Limits, consisting of ten acres or 429 more which would be eligible for taxation as agricultural land. Also attached are the applica- tions for exemption as filed by the property owners that have ten acres of land or more in one piece, within the limits of the City. These property owners certify that the land is being used for agricultural or horticultural pur- poses, and are entitled to tax ex- emption as provided by law. A copy of the attached list will be filed in the office of the Coun- ty Auditor at the time of filing the budget. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and ÏIled. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 430 Special Session, October 26, 1971 As stilted last Ye!l~, the Commit- teé again believes the instrument provides for imprOved budget con- trol. It should be noted that with no reduction in services, next year's City taxes will reflect a decrease for the first time in years. (Assum- ing no change in present evalua- tions). The Committee does believe at- tention should be given to the fol- lowing: 1. Submission of quarterly re- ports showing the amounts bud- geted, expanded to date, and re- maining in each budgeted area. 2. Implementation of an annual salary review of department heads with special emphasis on narrow- ing the disparity between the Man- ager's salary and that of manag- ers in cities of comparable size. 3. Noting the fact that the bud- get proposal is approximately 2'" months late, greater effort should be expended to meet the legal bud- get deadline. 4. Implementation of a central- ized purchasing agency with po- tential savings in unit costs and greater budget control. 5. Creation of a single City cash- ier's office for the acceptance and recording of incoming city funds. 6. Because of the massive detail in the budget, tbe Committee and the City Council would appreciate the opportunity to work with the City Manager in the development of the budget. The Committee is pleased to note that recommendations of ear- lier committees related to certain staff areas have been implement- ed. It would also appear that full use of potentially available federal and/or state funds has been ac- complisMd. Respectfully submitted, Richard P. Friedman Chairman City Budget Tax Study Committee Councilman Meyers moved that the communication be received a!\d filed. Seconded by Councilman Bttter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Communication of Dùbuque Pro- Special Session, October 26, 1971 A a c ,.'" p~ ExPEND'TURES FOR YEAR Fo'" \ ,"1 \ "î'!l (¡J~II~ '970 --' I'" "-!~!i'¡ Ad.aJ "-,1- Pn>P?sed .~h mated ¡ ,,= \ m.w! ,....,:,,\ ""....1 I ........1 """" 1 161."°1 178.""1 176.7301 I ".Q5IJ 1<2"" 11.no.383II.60'.55012..,.,""1 1581,'6<1""".'" , "'.1591 652.m' """11 , 428.ml 271.'" 1 $10.1411 ..,.10,,1 ""'.", I 11:1.1501 250.<8' ,At""", "",'1;11 561.8221 I 133.'001 "'.1" 11.12_' 1.9""""I,I71.92~ I J.II""'I 157.709 I I , I , I , I , I I , I , , ) I I I I 14MI.~,.02,..."I,.,,0."'¡ I,......,, 2.9""'1 '~,!~:;;V~I. I 93,037\ 93....1 57~711 I \ 57.271 ,.. Deb' service I '61.5201 870.9721 86'.7911 I '.0001 863,791 15. 'Z:"~J' 1 ..,.2...1 812.",/ 9"",,1 1 ".0001 "'...' ".To"LlabllllYl "',"'1"."'1 1 I".'" ".CM,Cenl..1 I 1'1 I ". " I , I I 19. I I 1 I I I 20. 5ewe' Renla' 1 520.3781 21:1.8201 825."" ,825."'1 21.~;.(~~. 1,"'1....1,."".55,177,....1 177,....1 "'\¡1=fe~s"'lf 1"'-0001 225.0001 1 1 I 2:!. 'i::r~;", I I I I 1 I ".Pa""ooLol 1 I , I I I ".RevolVlool I I I I 1 26'~~~I!\Te. 1250,...1",.",126,.8791 1 267.a791 27. ~8n~t.. I 1 I I 1 1 28. TOTAL 1..,267."'ISIO.915.823159~55,"" 'SA.",.""",..,a.958 E.tlmaled Tam pO< $1.000 A.....ed ValUallon "'.2"'" 11.10/" Councilman Moldenhauer moved that the proof of publication be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. cooperation received in the review of the proposed 1972 City Budget. It is our conviction that every ef- fort has been made at every level to answer any and all questions raised by members of our Commit- tee. The budget presentation of this year, which is an expansion of the revised budget format adopted in 1970, appears to further satisfy previous recommendations made by Chamber Tax Study Commit- tees. The City is to be commended for refining this budget process. f f, ~ ¡: October 26, 1971 Honorable Mayor and City Council Again in the year 1971, members of the Chamber's Tax Study Com- mittee are indebted to Council Members and City Staff for the 431 fessional Fire Fighter's Assn. re- questing permission to address the Council concerning the 1972 pay proposal. Councilman Pre g I e r moved that the communication be received and filed. Seconded by Mayor Couéhman. Carried by the foIlowing vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, pregler. Nays-None. Councilman Meyers moved that the rules be suspended in order to let anyone present addrès. the Council if they so desire. SeCond- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilman Bitter, Meyers, Moldenhau' or, Pregler. Nays-None. Mr. Ronald Kann preside!\t of the local Firefigbter's Assn. stat- ed' that wage offers to department lieutenants and marshals stiIl are not satisfactory. Firemen should get extra pay working out of grade twenty four hours. They were told at the bargaining wage sessions that there was just so much money and no more. In other words they feel as though they drèw a blank on wage negotiations. Mr. Richard Friedman from the Chamber of Commerce City Bud. get Tax Study Committee request- ed quarterly reports on city fi. nances and requested a review of department head salaries, es- pecially that of the City Manager. Mr. Irv Behr, representing Musician's local 200 requesting the Council to increase the City share and financial participation in park concerts and parades. The mu- sicians furnish from seven to eight thousand dollars per year for con- certs and parades and the City matched it with only one thousand dollars. Mr. Bud Isenhart again ad' dressed the Council relative to the establishment of neighborhood parks in the older areas of the City. He quoted from the Victor Gruen report of 1965 that stated 44 out of 55 neighborhoods had no playgrounds, a good number of these àre considered to be in a state of deterioration. Mr. Isen- hart requested consideration in the 1973 budget. RESOLUTION NO. 307.71 WREIt'eAS, the Coun<!il of the City of Dubuque, Iowa, caused to be prepared and published as provided by law, the BUDGET ES- TIMATE OF EXPENDITURES for the fiscal year beginning January 1, 1972 and ending December 31, 1972, and the hearing upon said budget estimate was fixed for the I 28th day of October 1971, at 7:30 o'clock P.M. Central Daylight Time, in the Council Chamber at the City HaIl; and WHEREAS, this belng the time and place for said hearing, said Budget Estimate was taken up for final consideration by the Coun. cil and all parties in interest have been given an opportunity to be heard for or against said Budget Estimate. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the budget estimate of ex- penditures for the fiscal year be- ginning January 1, 1972 and ending December 31, 1972, heretofore pre- pared and published be and the same is hereby finally approved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, together with a verified proof of publica. tion and the notice of hearing upon said Bndget Estimate. BE IT FURTHER RESOLVED, that the taxes required to be col. lected in the year be and the same are hereby levied in the amounts of said Budget Estimate. Passed, adopted and approved this 28th day of October 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenahuer Donald R. Meyers Joseph J. Bitter Councilmen Special Session, October 26, 1971 the Taxes to be Collected In the Year 1972, and UN for Munici- pal Purpoaes of the City of D... buque, Iowa. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That there be and there is her.,. by levied the taxes for Municipal purposes for the ensuing year of 1972 the following numher of mills on the doIlar of all taxable prop. erty within the corporate limits of said City. 2.419 General Fund 1.405 Street Fund 14.739 Public Safety Fund 2.670 Sanitation Fund 2.467 Municipal Enterprise Fund 1.553 Utilities Fund 4.286 Recreation Fund 8.509 Debt Service Fund .293 Tort Liability Fund 9.226 Trust & Agency Fund .0 Emergency Fund. 47.567 Total Mills. Be it further resolved that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or horti- cultural purposes. Be it further resolved that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce as shown by the Bud. get Estimate of Expenditures as adopted by this Council on the 26th day of October 1971 to the Auditor of Dubuque County. Passed, adopted and approved this 28th day of October 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen 432 Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 308-71 A Resolution Establishing the Tax Levies for the Vear 1971, Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Printed Council proceedings for Special Session, October 26, 1971 the month of July 1971, presented for approval. Councilman Meyers moved that the Council proceed- ings for the month of July 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. October 19, 1971 To the Honorable Mayor and City Council I herewith submit the monthly reoprts of the City Treasurer and Water Superintendent for the month of September 1971. Also submitting the list of claims for the months of August and Sep- tember 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Molden- hauer. 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 September 1971, pre- sented and read. Councilman Preg- ler moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. October 22, 1971 Honorable Mayor and Council Memhers The City Planning and Zoning Commission has reviewed a re- quest to vacate sixteen feet (16') of Garfield Avenue lying adjacent to Lots 197 and 198 in Ham's Ad- dition in the City of Dubuque, Iowa. The Commission has found that the RO.W. in question is located in the corridor of one alignment of the freeway. It Is the reocmmendation of the Commision that no consideration be given to vacation of R.O.W. un- til the freeway study is completed. It is further the recommendation 433 of the Commission that if consid- eration is given to this matter in the future that it not be done on a piecemeal basis, but rather the entire block he studied. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved ap. proval of the recommendation with instructions that the City Planner send a copy to the Petitioner. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Parents Pol- icy Council of Urban Dubuque urging the Council to help the blind to become self supporting by the use of the Naval Reserve Building, presented and read. Ma- yor Couchman moved that the communication be received and filed and the Manager be instruct- ed to communicate. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Laborers In. ternational Union requesting im- mediate attention relative to the non-payment of wages due Mike DeMaio and John Lange from the H & R Wrecking Co. for labor per. formed in the demolition of down- town buildings in the Urban Re- newal area, presented and read. Councilman Pregler moved that the communication be referred to the City Solicitor for investiga- tion and report. Seconded by Ma- yor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenheu- er, Pregler. Nays-None. Communication of Ralene A. Si- monsen objecting to holding trick or treat night on Sunday because it is a holy day, presented and read. Mayor Couchman moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: 434 Special Session, October 26, 1971 Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. October 6, 1971 Ron. Mayor & City Council On the 5th day of October, 1971, Steven J. Schadle of 1615 Rhom- berg Avenue, this city, filed claim in the amount of $55.40 claiming said damages were suffered at Loras and Grandview Avenue on October 2, 1971, claiming insuffi- cient number of barricades there- at. Said roadway at said point is under construction and, accord- ingly, it is the recommendation of the City Attorney that said claim be denied. It would appear that if claim- ant has any claim, same is assert- able against the construction con- tractor. Yours very truly, R. N. Russo City Attorney Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. ORDINANCE NO. 59.71 An Ordinance Amending Ordi. nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a n- subsection of Section 4 of Sched. ule 1 thereof to provide that traffic shell move easterly only on West Fourth Street from Bluff Street to I-e Street, pre- sented and <Bad. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the foIlowing 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 Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ".10/29 Councilman Bitter moved adop- tion of the Ordinance. Seconded by Councilman Meyers. Carried by the foIlowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Bernard N. Newton requesting a refund of $100 on the unexpired portion of beer license No. 35 as he has discontinued bus- iness on 10-19-71 presented and read. Councilman' Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of The New March of Dimes requesting permission to conduct their "Mothers March" from January 2, thru 31st, 1972, presented and read. Councilman Pregler moved approval of the re- quest and that it be referred to the City Manager for Implemen- tation. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman, Coun- Special Session, October 26, 1971 435 cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 309.71 Accepting Delivery of Deeds for the Downtown Urban Renewal Project, Iowa R.15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R.15; and WHEREAS, the City of Dubuque pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That delivery of deeds to the City of Dubnque for the following described parcel of real estate in the Downtown Ur- ban Renewal Project, Iowa R-15, is hereby ratified and accepted by the City of Dubuque. GRANTOR: Renier Realty Com- pany. Deed dated October 14, 1971. Recorded in Book 207, Page 149. PROPERTY DESCRIPTION: The Northerly 43 feet 6 inches (also sometimes referred to as the North, 43 feet 6 inches) of Lot 17 in the 'I City of Dubuque, Iowa, according to the United States Commission- ers' Map of the town of Dubuque, Iowa. SECTION 2. That the recording of the respective deeds of convey- ance of title in the office of the Recorder in and for Dubuque County, Iowa, is hereby ratified. SECTION 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Res- olution in the Office of the Re- corder in and for Dubuque Coun- ty, Iowa. Passed, approved, and adopted this 26th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayoe 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, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 310-71 Preliminary approval of plans, specifications, form of contract, plat, and all other documents for construction of City of Dubuque Civil Defense Warning Siren-Ken- nedy Mall, at an estimated cost of $4,829.59, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried ,by the following vote: Yeas - Mayor Couchman, Coun- Councilman Pregler moved adop- er, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 311.71 WHEREAS, proposed plans, spec. ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of tbe City Clerk show- ing among other things the fol. lowing: I. An estimate of the cost of the proposed improvement for the City of Dubuque-Civil Defense Warning Siren-Kennedy Mall. BE IT 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 improvement, and unless property owners at the time of the final consideration of tbis proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been 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 436 Special Session, October 26, 1971 expense of making said improve- ment will be paid from the Public Safety Fund 04-2401-2501. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 26th day of October, 1971. Approved and placed on file for final action. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Councilman Pregler moved ap- proval of tbe resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 312-71 WHEREAS, tbe City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the City of Dubuque-Civil Defense Warning Siren-KennedY MaIl. BE IT THEREFORE RESOLVED that on the 15th day of November, 1971, a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is here- by directed to cause a notice of the time and place of such hearing to be published in some newspa- per published in the City of Du- buque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clark is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 26th day of October, 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 Mayor Couchman. Carried by the folIowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition submitted by Mrs. Helen Mercer, containing approximately 960 siguatures, being in agreement with Councilman Moldenhauer's plan to restore the City Hall in keeping with its historic signifi- cance but also usable for present day government, being both excel- lent and feasible, both "" a tour- ist attraction and a saving to the taxpayer, and requesting consid- eration to adopt the plan, pre- sented and read. Mrs. Mercer addressed the Coun- cil relative to the petition. She stated that the City Hall was built in 1857 and is one of the outstand- ing historic structures, in the area. Various surveys indicate the struc- ture is of sound construction. Councilman Bitter moved that the petition be received and filed. Seconded by Mayor Couchman. Carried by the folIowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Moldenhauer moved that the idea of Historic Preserva- tion of City Hall be tabled until the second meeting in January 1972. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Bitter. Carried by the following vote: Special Session, October 26, 1971 Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Leo F. Frommelt City Clerk 437 Approved ....................................1972 Adopted ......................................1972 ..............""...""""..."...""."."..""."" ...."".""""""...""......"."""".".."""" """"""""""""""""""""""""""""" """"""""""""""""""""""""""""" A~:;""""""ë~~~~""""""""'" City Clerk