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1970 January Council Proceedings July Oct. INDEX - BOOK 100 1970 SUBJECT Page Z 2O-Zaimes Patrick, granted Cigarette Permit. ............ 5-Zwack Anton, liability policy. 1f¥1 434 Regular Session, January 5, 1970 CITY COUNCIL OFFICIAL Regular SeSSIQn, January $, 1970. Council met .t 7:30 P.M. Central Standard Time. Proseni-Mayor Pregler, Council. men, Couchman, Meyers, Mc. Cauley, SchullL City Managar Gil. bert P. Chavanelle. Mayor Pregler read the "all and stated that service thereof had been duly made, this being the REGULAR MONTHLY MEETING and also the FIRST MEETING OF THE NEW FISCAL YEAR OF 1970, and is called for the purp<>se of actlog upon 'such ,business as may properly come before the meetiog. The entire Council exchanged I pleasantries and good wishes and were grateful of the opportunHy of havlog served with each other, 10 the hest interest of the com. munity. City Clerk Frommelt swore 10 Messrs. Joseph J. Bitter, Wayne A. Moldenbauer and Walter A. Pregler as Councilmen for the reg. ular term commenclog the second seoular day of January 1970. Councilman Couchman moved that Councilman Donald R. Meyers be elected to serve as Mayor for the ensmng fiscal year of 1970. Seconded by Councilman Molden- hauer. Carried by the followlog I vote: Yeas-Councilmen Bitter, Couch. m!!n, Molqenhauer, Pregler. Nays-None. Councilman Meyers not voting- Mayor Meyers SWore in C i t y Manager Gilbert D- Chavenelle, City Clerk Leo F. Frommelt, City Solicitor R. N. Russo to serVe 10 their various capacities for the Year 1970. RESOLUTION NO. 1.70 A Resolution providing for the a""oimme"t of a City Manager, City Clerk, City Solicitor, pre. ¡;ib:~:ir th:~~~~laries and fix. I BE IT RESOLVED by the City Council of the City of Dubuque, that the following officers be ap. PO,IDted, subject, however, to the right of the council to declare such <\Í(i,ces Vaçant, or remova tha of. ficers therefrom at the pleasura of the Council with or wHbout cause, and to be paid the com. peusation provided for 10 the de- tailed distribution of proposed ex. penditures for 1970 and that the City Manager pro,vide a $5,000 bond and the City Solicitor provide a $1,000 bond, at their expense, and that the CHy Clerk be covered under the Blanket Honesty Band. City Manager-Gilbert D. Chave- nelle. City Clerk-Leo F. From'melt. City Solicitor-R. N. Russo. Passed, adopted and approved this 5th day of January 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Maldenhauer Gaylard M. Couchman Joseph J. Bitter Cauncilmen Attest: Leo F. Frommelt CHy Clerk Councilman Pregler moved adop- tian of the resolution. Seconded by Councilman Couchm",". Carried by the followlog vote: Yeas-Mayor Meye"., Oouncil- men Bitter, Cauchman, Molqen- bauer, Pregler. Nays-None. January 5, 1970 Ta the Honorable Mayar and City Cauncil Gentlemen: As City Manager I wish to ad. vise your Honorable Body that all officers ,and employ""s who I have POwer to appolot and are \lnder my supervision, direction and con- trol, and whose appolotments con. tinue a,t the pleasure of the Man- ager, and wbo are now serving 10 the respective capacities shall be paid salaries in acCord,nce with t4e pay plan submitted to the Coun- cil, a copy af which i. attached hereto, and 10 accordance to the detailed distribution af praposed expenditures for 1970, which the Council estahlished at the time of the budget hearing and adoption. Respectfully 'Submitted, Gilbert D. Chavenelle City Manager Mayar Meyers maved apPl'Qval ~f tþe r<!commend<ltian. Secanded BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed ta file with the County Treasurer af Dubuque Caunty, Lo,wa, a list <>f such de- positocies and ta keep such list on file with the County Treasurer at all times. Passed, adopted and approved this 5th day af January 1970. Donald R. Meyers Mayar Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Cauchman Jaseph J. Bitter Councilmen 2. Regular Session, January 5, 1970 Regular Session, January 5, 1970 3 by Councilman Pregler. Carried by the follawing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Malden- hauer, Pregler. Nays-Nane. RESOLUTION NO. 2.70 A resolution designating the 01. lical newspaper of the City of Du. buque, Iowa. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That THE TELEGRAPH HER. ALD a daily newspaper of gen- eral circulatian be appointed the official newspaper af said City. Passed, adopted and appraved this 5th day af January 1970. Danald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylard M. Couchman Jaseph J. Bitter Councilmen Attest: Lea F. Frammelt City Clerk Councilman Couchman moved adoption of the resolutian. Second- ed by Councilman Bitter. Carried by the following vote: Yeas-Mayar Meyers, Council. men Bitter, Couchman, Malden- hauer, Pregler. Nays-None. RESOLUTION NO. 3.70 A Resolution Designating The Depositories for public funds of the City of Dubuque, Iowa. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following banks be ap- pointed depositories af the public funds and .the City Treasurer is hereby 'autharized to distribute such funds 10 such bM1ks 10 amaunts not to exceed the fallawlog: American Trust and Savlogs Bank $4,000,000.00 First National Bank $4,000,000.00 Dubuque Bank & Trust Company Key City Bank Trust Company $3,000,000.00 & $3,000,000.00 Cooncilman Maldenhauer. Carried by the followiog vote: Yeas-Mayar Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO.4. 70 WHERAS a detailed distribution of proposed expenditures of the City of Dubuque far ,the fiscal year beginning JiOnuary 1, 1970 and end. log December 31, 1970, has been duly prepared by the City Manager and submitted to this Council for approval; and WHEREAS, this Cauncil has ex- amined the detailed distributian <>f the praposed expendttures, wherelo the estimates of the ex- penses af the departments and pur- poses are shown, locluding the es- timates far which all levies here. tofore made, receipts from monies and credits 'and miscellaneous sources are to be used, and said distribution shaws all of the pro- posed expenditures for the ensWng fiscal year: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That said detailed distribution af praposed expenditures for the fiscal year beginniog January 1, 1970 and ending December 31, 1970, as heretofore prepared, be and the same is hereby adopted and ap. proved. Passed, adopted and approved this 5th day of January 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylard M. Couchman Jaseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Cauncilman Couchman maved adoption of the resolutian. Second- ed by Councilman Bitter. Carried by the follawiog vate: Yeas-Mayor Meyers, men Bitter, Couchman, hauer, Pregler. Nays-Nane. Attest: Leo F. Frommelt City Cierk Ma)'oc Meyers maved adoption af the Resolution. Seconded by Cauncilman Pregler. Carried by the followlog vate: Yeas-Mayor Meyers, CouncIl- men Bitter, Cauchman, Molden- hauer, Pregler. Nays-Nane. January 5, 1970 Ta the Hanarable Mayor and City Cauncil Gentlemen: The attached resolution has been prepared showlog ,the detailed dis- tribution of praposed expenditures wherein estimates of expenses <>f the departments and purposes are shown, including the estimates far which all levies are heretof()1'e made, receipts fram manies and credits and miscellaneous sources are to be used, and said distri- bution shows all the praposed ex- penditure.s for the ensuing year. This resalution has been pre. pared 10 accord with the budget previously approved by the City Council. Respectfully Submitted Gilbert D. Chavenelle City Manager Councilman Couchman maved tbat ,the communication be re- ceived and filed. Seconded by Councll- , MoWen- I I January 5, 1970 Ta the Honorable Mayor and City Council Gentlemen: An Ordinance has been prepared allacaUng and making "ppropri- atians af tax levies and other 'sourc- es of revenue for expenditures <>f the City Gavernment of the City of Dubuque, Iowa, for the fiscal year beginWng January 1, 1970 and endlog December 31, 1970, and au. tharizing certaio transfer of funds. Tbis Ordinance is in accord with the detailed expenditures adopted by the City Council. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayar Meyers moved that the communication be received and filed. Seconded ,by Councilman Bit- ter. Carried by the followlog vate: Yeas-Mayor Meyers, Cauncil- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. ORDINANCE NO. 1.70 An Ordinance allocating and mak. ing appropriations 01 tax levies and other sources of revenue to the expenditures for City Gover"ment in the City 01 Dubuque, for the Fiscal Year beginning January I, 1970 and ending December 31, 1970 and authorizing certain transfers of funds, presented and read. Councilman Coucbman moved that the reading just had be COn- sidered the first reading of the Ordinance. Seconded by Cauncil. man Bitter. Carried by the fol- lawlog vate: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Malden. hauer, Pregler. Nays-None. Councilman Cauchman moved that the rule requirlog an Ordin. ance to be read an three separ~te days be waived. Seconded by Caun- cilman Bitter. Carried by the fol- lowlog vale: Yeas-Mayar Meyers, Council- men Bitter, Couchman, Malden- hauer, Pregler. Nays-Nooe. 4 Regular Session, Januàry 5, 1970 aRD'NANCE NO. 1-7, A" a'd'","" all""ali"g ood mõkl"g appcop,lalio", 01 lox """ ood othe, .ome. of ,"ve""e 1O fhe expeodn"" fo, Cny Govecomeof '" the CItY of Du. b'"e, to, the ""a' ye., beg'M'"9 Ja""", I. 1970 ood e""'"g Deoemb., 31, 1970 a"" autho,','", wta'" leoo"", ot fU"d,. Be It ofda!",d by the Cltv Coo",11 ot Ihe C,tY of O,",q,a, Seolio" 1. ThaI Ihm " hmby all"ated ood appeop'Jated fcom Ihe e,""'ated ,eve""" fco", all lox levI" '" the Cltv of D,b","", togoth., wnh ,. .... -.- ",elp" "°"' 'O"," oth., thoo taxallo". ,"d '","oumbe"d baloo ~;f~f~~W~~ 01 1969, al!,. ~ov~~:¡11I~a:m:",;~~;vli~a!~~~~~~~:E'he'e'", .., fofth a" h"ebv "ed, 1o wn, F"d ESTIMATED "ECEIPTS ANa UNENCUMBERED BALANCES Levy'" Foom U",""m- Tolal E,I. Mil', Ta'" rt~~¡""" .. ~';,'¿~, .~!I- 5~~;'~,mbe"d Ba'a"ce, 7.44' 700,100.00 1.000 "-'44.00 016.0164 54.41S,471.oo 2.271 L895 12.862 1 4,564 2.322 1.615 4.231 8.255 Ummn Remallo" Debt 'm'oe P.,k'"g Mele, Tml ood Ageooy SI,..I Road U.. ,"x Em.,ge",y Levy Tola' TRANS Llq,.o, P,bllo Salety """"-$234,000,00 Mo"'" a"d C""", Tax ood Rep'aoemeot EXPENdITURES' Tota! STREET F Item 0201 0202 O2OJ 0206 0207 0208 0209 .kI"g, Shelt." Tota' SI,..f F"d The.. appcop"alion, -hall be po'd f,om, Tax" M'"elloo"", R"eo"" U","oumbe'ed Ba'ooce Tola' , 198.819.00 , 178.115.00 12,264.00 8,500.00 , 198Æ19.00 STREET 0301 OJ02 OJOJ OJ04 OJ05 Tho.. app,ope'alio", ,hall be pa'd f,om, M"'. Rev,-Slale G"oll", Road U.. Tax' 800,000.00 U","oumbe"d Ba'oo" 216,514.00 Tota' $1.016.514.00 PUBLIC Item 0401 0402 O4OJ 0404 0405 Dog Po"d 0406 Amb,looce 0407 C'vil Defeo.. Tola' P,bllc Safetv F"d $I,19M".OO Regular Session, January 5,1970_. "-'-.., The.. app,op,'allo", 'hall be pa'd f,om, Tam M'"elloo"", Reveo"" T""f., fcom Llq,o, Pcoflt F"d U"eoc,mbe'ed Baroo" Em.,ge",y Levy SANITI\T! Item 0501 0502 0503 0504 0505 0506 0508 0509 0601 0701 0702 Total Tofa, i37õ:ãi8:õõ UTILITIES FUND Item 1201 Wal., Wo", Adm'"I",allo" 1202 Wal., P'aof & Di",'b,"o" S"'am l20J Wal., Wo,', Ma!" Exle",o" a"d Ben.,m,"" 1204 Wafe, Impcoveme"" 1601 She! ,"d T"mc L¡gh"og Total Th"" opp" Wal., Wate' To.., St. & Sf. & RECREAT, Item 1701 , 1702 17OJ 170' 1801 2001 2002 Toto' ßg~fOfEf~~;!i.'~'eOf Bo"", Sfate DI.."., Lo," Tofa' Debl Smlce F,rid Th"e 'm.. . .. . """'.00 2¡j;::U& , 186,"".00 Tofa' PA.KING ""'" "," "" 2503 250< T.ta' Pac""g Faclillfe, F"d '""e 'D.'op,la"""6 ,hell be .eI. fcom, .0"""" Meier Reve"u. ¡ iiSAS3.bó 3.490.00 7,400.00 ,~ ',¡¡;&:! 72,367.00 S259:iõ3:iiõ , 259"".00 15 - . J'~'-- 6 Regular Session, January 5, 1970 Regular Sessio;', January 5, 1970 7 TRUST ANC It"" 4001 4002 4003 4004 4OOS 4006 4007 Councilman Pregler moved that the bond be filed subject to ap- proval af the City Attorney. Sec- onded by Councilman Bitter. Car- ried by the £ollawlog vate: Yeas-Mayor Meyers, Council- mec Bitter, Cauchman, Malden- hauer, Pregler. Nays-None. amaunt encumbered loto 1970, less cammitmen.ts not completed 10 1969 General Fund $ 24,000.00 Street Fund 9,000.00 Road Use Tax Fund 100,000.00 Public Safety Fund - 1,000.00 Sanitatioo Fund 24,000.00 Refuse Di<posal Revolviog Fund Sanitatian Sewage Rental Fund Sewer Revenue Band Reserve Fund 60,000.00 Sewer Revenue Band Depreciatioo Fund AirPort Fund Dack Fund library Fund Water-General Fund Water Deprecia'tian Fund Street and Traffic Lightiog Recreation-General Fund Galf Course Fund Galf Caurse Develapment Fund Park Fund Debt Service Liquar Sales Prafit (Dec. 31, '70) Parkiog Facilities Fund Parkiog Renewal & Impravement Fund 109,000.00 Parkiog Revenue Bond Reserve Rund 76,000.00 Rafferty Fund 22,000.00 General Fund, Land Sales - 1,500.00 65,000.00 $ 708.850.00 Total of all ,pprop,'atlon, 10' the expendlt"" of City Govecomenl of fhe ,- 24,000.00 18,000.00 20,000.00 1,000.00 200,000.00 77 ,000.00 be In 10m and effeo' from and affee It, final the City Coon,;1 and pobl""'on " provided by "oYlded ,",II be avollable when '"n,'eeeed to 'hI,SfhdayoIJano,,","'O. roved ",on tlnal "adlng fhl' Sfh day Of Jan",y, "'0. caNALC R. MEYERS Maw WALTER A. PREGLER WAYNE A. MaLoENHAUER GAYLaRC M. caUCHMAN JaSEPH J. BITTER Cooncllmen ATTEST, Leo F. F,ommelt City Cle,' Pobll,hed officially In The Tele",oh-He,,'d New,pape, thl, 9th daY Of Jan""" 1970. Leo F. F,ommelt CIty Cle'" It. 1-9 Councilman Couchman maved final adoption of the Ordloance. Seoonded by Councilman Bitter. Carried by the follawlng vate: Yeas-Mayor Meyers, Council- men Bitter, Cauchman, Molden- hauer, Pregler. Nays-None. December 30, 1969 Ta The Honarable Mayar and City Council, Gentlemen: This is to advise that I have approved the followlog bond and desire to have your approval an same. PUBLIC OFFICIAL BOND Gilbert D. Cbavenelle, Merchant Mutual Bonding Company Respectfully, Gilbert D. Chavenelle City Man3ger 1,500.00 13,000.00 -0- 10,000.00 - 5,000.00 - 23,000.00 3,000.00 60,000.00 44,548.00 (-37,000.00) Iowa Employees Retirement Fund Federal Sacial Security Fund Palice Pension Fund Palice Retirement Fund Fire Pension Fund Fire Retirement Fund 1969 Emergency Flood Flood Protection Fund 900.00 -0- 500.00 1,000.00 --!I- 500.00 January 2, 1970 Ta the Honorable Mayor and City Cauncil Gentlemen: I bave estimated the receipts and expenditures for 1969 and be- lieve that the unassigned balances of the several funds will he ap- proxim3tely as shown in the fal- lowlog list. By "Unassigned ba- lances", I mean, a fund balance as of December 31, 1969, less -93,00.00 It shauld be noted: 1. The deficit in the Park Fund is due ta damages sustaioed during the early summer rain storms. Application for federal aid has been made to cover this expense. 2. The deficit 10 the Debt Service Fund will be cleared by property tax proceeds 10 1970. 3. The balances in the Water Funds will be used ta extend wa- ter mains. 4. There are $96,926 uncancelled warrants held by the bank repre- seuting expense items of the 1969 Emergency Flood. Applicatian far Federal assistance has been made to cover this amount. Floally, there is approximately $550,000 of wark and pragrems committed but nat completed duro log 1969. It is lotended that this wark will be done 10 1970. Coo- sequently, I will brlog to the Ooun. cil far cansideration at the meetiog of January 19th money orders far adjusting the 1970 budget. Respectfully Gilbert D. Chavenelle City MaDla,ger Councilman Pregler maved that the cammunication he received and filed. Seconded by Councilman Cauchman. Carried by the fallow- iog vote: Yeas-Mayar Meyers, Cauncil- men Bitter, Couchman, Malden- hauer, Pregler. Nays-Nane. Cammunicatian af Brammers Inc. exercising their aptian an their lease af the West 126' af Lot 1 of Summit Place owned by the City, extended far a periad of ten years in the amaunt af $580 per year, fram March 1, 1970, present- ed and read. Councilman Pregler moved approval af the extension and referred same to Manager and staff. Seconded by Mayar Meyers. Carried by the follawlng vate: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-Nane. December 31, 1969 Hanarable Mayar and Cauncil Members Gentlemen: The City Planmng and Zomng Commission has held a public hear- ing an a proposal ta reclassify praperty described as Lots 5, 6, and the s<>utherly 89.9 feet af Lot 9 af the Easterly 170 feet of Lots 322, 323, and 324 of Davis Farm AddWan, all in the City of Dubu- que, fram Multiple Residence clas. sific-atian to Local Busloess 'Boo classificatian. I) Regular Session, January 5, 1970 A petition, expressing oppositian to the proposal,' and bearing 39 signatures, was presented to the Cammission. Several of the resi- dents <>f the area were present and expressed their cancern about extending the Local BusiMSS 'B" District into the residential area. They stated that there were sev- eral uses permitted in the Lacal Busloess 'B" District that they felt woul<\ not be appropriate far this area, and would nat be cam- patible wit h the development around the area. - The Commission reviewed the general develapment plan for this area and found that the plan en- visianed multiple family residential development sauth of Thirty.second Street and that the propased rezan- log would be cantrary to this plan. It is the recammendation of the Planning and ZoWng Oommissian that the aoove described praperty remalo in the M1Ùtiple Residence District. Itespeotfully submitted, City Planniog and Zoning Cammooon Don Gilson City Planner Counoilman Pragler maved ap- proval of the recammendation. Sec- onded Mayor Meyers. Carried by the fallowing vate: Yeas-Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays-None. Councilman Bitter not votiog. December 31, 1969 Honorable Mayor and City Counoil Gentlemen: On September 23, 1966, Eva I. Welsh, commenced an action in the District Caurt af Iowa, Dubu- que County, against the City af Dubuque claiming damages in the amount of $2,500.00 far lojuries allegedly suffered by the plalotiff as the result af a tall allegedly accurring on the 26th day of June, 1966 as the 'result of a defective candition allegedly existlog i n £root of the premises af 1175 Bluff Street and which injuries consisted af .three fractured booes in her foot. .. I have interPOsed the usual de- fense against said action, and that the plaintiff has ma<\é .,. offer of settlement in the amount of $300.00 plus court costs and it is the recommendatian af the City Attarney that said offer of scille. mend; be accepte<\ and the City Auditor be instructed to draw a warrant paya,ble to Eva 1. Welsh 10 the amount of $3,00.00 I!ßd he be instructed to dr.aw a separate warrant in the amount of $13.50 payable to Clerk af the District Court of Dubuque ColWty, Iowa coverlog court casts of same. Capy <>f Original Natice with pe- titian attached is returned here. with. Respectfully submitted, R. N. Russo City Attorney Mayor Meyers maved appraval of the recommendation. Secanded by Councilman Bitter. C..ried by the followiog vote: Yeas-Mayar Meyers, Council. men Bitter, Couchman, M;<>iden. bauer, Pregler. Nays-None. December 31, 1969 Hanarable Mayar and City Cauncil Gentlemen: On April 11, 1968, Mildred M. Rempt filed an action in the Dis- trict Court of Iawa, in and for Dubuque County against tÍ\e City af Dubaque, Iowa elaimlog dam- ages in the amount of $1,000.00 for injuries allegedly suffered on the 12th day <>f Jan~ary, 1968 as the result of a defective candition in the public sidewalk and crass. walk located an the j;:ast side af Central Avenue near theso\!theast. ern section af said street abutting Mike stone Ford build,ing and claimant alleging lojuries to her left knee, left leg and other þOOily lojuries. Tile said plaintiff has I!la<\e an offer at settlement 10 the amount û¡f $100.00 plus court costs and it is the recammendatlon af the City Attarney that said ufier of settle- ment' be accepted and that the City Auditor be. instructa(j ta draw a warrant payable to Mil- dred M. !tempt in tile amo1,lnt of $100.00 and to draw a separate warrant paYabla \!! the Clerk Qf Regular Session, January'5, 1970 9 die District Court in the amount of $14.50 and transmit same ta the City Attorney for delivery upon receipt of duly executed release and dismissals with prejudice. Copy af Origioal Natice with pe- titian attached is returned here- with. Respectfully submitted, R. N. Russo City Attorney Kayar Meyers moved approval of the recommendation. Seconded by Councilman Bitter. Carried by the follawmg vote: Yeas-Mayor Meyers, Cooncil- men Bitter, Couchman, Molden- 1la1l.er, Pregler. Nays-Nane. Proof <>f Public..tion, certified to by the Publisher, of natice af public hearing to consider rezonlog af Lats 4, 5, 6, 7 and 8 of Lot 2 of M. L. 242; Lat 1 af 1, Lot 2 af 1, and Lats 2 thru 11 loci. in Brunskilis Addu. and Lot 4 of Block 15 10 Steger Heights fram Single Family Residence District Cla""ification to Multiple Resi. dence District Classificatian, pre- sented and read. No written objections were filed and 00 <>ral objectors were pre- sent it> the Cauncil Chambers at the time set far the public he3ring. Cauncilman Pregler moved that the proal of publicatian be received and filed. Secooded by Councilman Bitter. Carried by the follawlog vale: Yeas-Ma- Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-Nane. ORDINANCE NO. 51-69 An Ordinance Amending And chenging Ordinance N o. 3.34 Known as tne "Zoning Map and Zoning Ordinance of tne CIty Of Dubuque" So as to Change Cer. tain Property Hereinafter Describ- ed From "Single Family Residence District" Classification to "Mul- tiple Residence District" Classi. Ðcation, Said Ordinance having been pre- viously presented and read at the Council meeting af December 8, 1969, presented far final adoption. aRDINANCO No. SI..' AN OROINANCE AMENDING AND CHANGING ORGINANCE No. 3-34 KNOWN AS THE "ZONING MAP AND ZONING ORDINANCE aF THE CITY OF DUBUQUE" so AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FRaM "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICATlaN Ta "MULTIPLE RESIDENCE DIS- TRICT" CLASSIFICATION. NOW THEREFORE BE IT aRoAIN. ED BY THE CITY caUNCIL OF THE CITY OF aueUQUE. IOWA, Socllo. 1. Thol O,dl",n" No. 3-34 known.. the Zoning M" 'nd Zoning a,dl",n" of Ihe CIty 01 Doboo",. Iowa, b, "d the "me " h",by amond,d by ,"",h", trom "Slngle FamilY R..ldon" 0'"""" C""Iff,atlon to "Moltl,le R"'- Om. DI"",e' Cla"Iff,,"on "'e fol- lowIng d""lbed mal "tat" to-wit, Lo', ,. 5. 6. 7. ond 8 of Lot' of Mlnml Lot "', and Loll of Lof ,. Lol , of Lol t, ond Lot, , Ih,ough ft, ""..tv,. all In B""kill', Ad- dlffon ond Lof , 01 Blook 15 In SIe- ge, HeIgh", oil In tho CItY 01 Du. boO"" lowo. Po",d, o",oYOd ond odppt,d Ihl' 5th day of Jono"y, 1970. Do",ld R. M..,." MoW WolI" A. Pm"l" Wpyno A. Moldonh,"", Goyl"d M. C"chm.. J"eoh J. Bitt" C""lImon ATTEST, Leo F. Frommolt CIty CI"k Pcbll,hod ollkloly In Th, T".."oh- H""d N,w""" IhI, 9th day of Jon- u"" 1970. fI.t/' L,o F. F'omm,1t City Cleek. Mayor Meyers moved final ad- aption of the Ordinance. Secooded by Councilman Moldenhauer. Car- ried by the f<>lIowlog vote: Yeas - Mayar Meyers, Cooncil- men Bitter, Couchman, Malden- hauer, Pregler. Nays - Nane. Proof of Publication, certified to by the Publisher, af natice of pub- lic bearing ta cansider proposal to amend Zonding Ordinance No. 3.34 so as to change the Ely. 55' of Lot 25 iu Black 4 and the Ely 55' of the Sly 124.85' of Lot 24 10 Black 4 10 West Side Manor from Slogle Family Residence Dis- trict Classification to Lacal Bus. loess "B" District Classificatian, presented and read. Councilman Pregler moved that the proof of publication be reo ceived and filed. Secanded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- bauer, Pregler. Nays-None. 10 land is provided adjacent to each dwelling unit for private use, and the dwelling units æ-e ariented to- ward a public right-of-way. It is the opinion of the Commts- sian that permitting in Single Fam- ily Districts, one family and as many as eight roomers and in the Twa Family District, two families and sixteen roomers, all in one structure, is cantrary to the intent of these districts. The proposed Ordinance wauld permit two roomers in each dwel. ling unit other than the family residing there. This would allow a widow or small family to share a dwelling unit without seriously altering the character 01. ,the neigh- borhooo from what it was intended to be. It is the opinion of the Com- mission that this change shauld be made 10 the existing Ordinance so that property owners are not encaunagedto lovest money 10 C'OID. verting existing structures from large single and twa family dwel- ling units ta roomlog houses and further increasing the number of such uses in the cammunity. It is the recommendatian 01. the City Planning and Zoning Commis- sion that this amendment be adop- ted. Regular Session, January 5, 1970 Cauncilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they sa desire. Seoonded by Mayor Meyers. Carried by the fallawing voce: Yeas-Mayar Meyers, Council- men Bitter, Cauchman, Molden- hauer, Pregler. Nays-Nane. Attorney C. J. May addressed the Council 10 behalf af Patrick Chew, the awoer of the property in West Side Manor, and submitted a proposed layaut of the use af the property far a filling statian. Attorn¡ey Hal Reyoolds addressed the Cauncil, in behalf of the res- idents in ,the area, as being ab. jectars to the prop<>sed rezaning. Mter considerable discussion May- ar Meyers moved that the rules be reimpased and discussion closed. Seconded by Councilman Pregler. Carried by the following vate: Yeas-Mayar Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-Non... Ordinance Na. 53-69 was present- ed far final adoption which cailed for the rezoning of the above de. scribed area. Mayar Meyers maved that the Ordinance not be adopted. Seconded by Councilman Molden- hauer. Carried by the fallowiog vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. December 31, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zonlog Commission has held a public hear. log on ,a praposed amendment to the 2Joniog Ordloance, described as Subscetian (M) af Section I, of Article II, reduclog the number <>f boarders permitted per dwelling 10 Slogle and Twa Family Dis- tricts 10 ,the City of Dubuque. It has been the genenal lotent 01. the Commission that the one and twa family residence districts is ta accomodate low density, rela. tively spacious and tranquil res- idential areas. In these districts Respectfully submitted, City Planning and Zoniog Commi&iIOO Doo Gilsan City Planner Councilman Pregler maved that the recommendatian be rceeived and filed. Secanded by Mayor Mey- ers. Carried by the followiog vote: Yeas-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 2.70 An Ordinance amending Ordinance No. 3.34, known as the Zoning Or. din'ance of the City of Dubuque, Iowa, by repealing subsection (M) of Section 1 of Article" thereof and by enacting a new Subsection (M) of Section 1 of Article" in lieu thereof to permit the renting of one or two in a private residence to not more than two adult guests, presented and read. Regular Session, January 5, 1970 11 re~~rj:n;~~ b:~:~id~r~~:: I first reading of the Ordloance. Sec- onded by Councilman Couchman. Carried by the following vate: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mayor Meyers maved that the rule requiring an Ordinance ta be read on three separate days be waived. Secanded by Cauncilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Cauncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mayor Meyers maved that a pub. lic hearing ,be held on the Ordin- ance on February 2, 1970 at 7:30 o'clack P.M. Central Standard Time 10 the Cauncil Chamber at the City Hall and the City Clerk be lostructed ta publish notice af same ÌiIl the manner required by law. Secanded b y Councilman Pregler. Carried by the followlog vote: Yeas-Mayor Meyel1S, Council- men Bitter, Couchman, Malden- hauer, Pregler. Nays-Nane. December 31, 1969 Honorable May"" and Cooncil Members Gentlemen: The City Planning and Zoning Commissian has held a public hear. ing 00 a proposed Ordinance pro- hibitiog 'the issuance of building permits ta owoer or owoers af real property for which a zoning reo classificatian has been initiated. During the past year there have been three rezoning cases lovolv. ing ¡a change fram a less restrict- ive classificatioo to a more res- trictive classification. In all cases there has been an effol'! 00 ,the pal'! of the praperty owners to ac. quire building permits under the less restrictive classification priar to the adap!ion of the rezanlog. In two af these cases, non-confarm- ing uses were cre,ated. In the third case the permit was not issued. In one of the Rbove cases the build- log permit became a lever used by the holder to manipulate neigh- borhood suPPOrt for a change in zoWng on a separate parcel of property. When permits are acquired under these circumsta;n,ces, lotent af zon- log change is violated and weakens the effectiveness of zoniog. It is the opiuion 01. the Commission that this praposed Ordinance would make admioistratian af the 2Joniog Ordloance more effective. It is the recommendation af the Planning and Zoning Commission that the Ordinance be adopted. Respectfully submitted, City Plauning and Zoning Commission Don Gilson City Planner Councilman Meyers moved that the communication be received and filed. Secooded by Cauncilman Pregler. Carried by the 1Iollawing vate: Yeas-Mayor Meyers, Cauncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays-Nane. ORDINANCE NO. 3-70 An Ordinance Prohibiting Issuance Of Building Permit to Owner or Ownel'S of Real Property Which Is Being Rezoned, present and read. Cauncilman Bitter maved that the reading just had be cansidered the first reading af tha Ordinance. Secanded by Councilman Couch. man. Carried by the follaWÍDg vote: Yea's-Mayar Meyers, Cauncil- men Bitter, Cauchman, Malden. hauer, Pregler. Nays-Nane. Councilman Bitter maved ,that the rule requiriog an Ordioance ta be read an three separate days be waived. Seconded by Mayor Meyers. Carried by the fallowing vate: Yeas-Mayar Meyers, Cauncil- men Bitter, Cauchman, Molden- hauer, Pregler. Nays-None. Cauncilman Bitter maved that a public hearing be held an the Or. dinance an February 2, 1970 at 7:30 o'cl<>ck P. M., Central Stan- dard Time, in the Council Chamber at the City Hall and the Cilty Clerk ---- _I' 12 Regular Session, January 5, 1970 be instructed ta publish ""tice of same 10 the manner required by I law. Secanded by Councilman Couchman. Carried by the follaw- mg vate: Yeas-Mayar Meyers, Council- men Bitter, Cauchman, Malden- hauer, Pregler. Nays-None. Petition of Joseph Hillard reo questiog a refund of $250. on the unexpired portion af Liquor Li- cense No. C-1556, as he has dis- cantinued business an 11-19-69, pre. _d and read. Mayar Meyers moved that ,the petitian be granted and the Auditor lostructed ta issue proper warrant. Seeonded b y Cauncilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Cauchman, Molden- hauer, Pregler. Nays-None. Petition of Archie Kissel request- log a refund of $50. an the un- expired portion of cigarette li- cense No. 218, as he has discon- tinued business on 12-31-69, pre- sented and read. Mayar Meyers maved that the refund be granted and the Auditor lostructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the fallawing vote: Yeas - MaY"'T Meyers, Council- men Bitter, Couchman, MoldClll- hauer, Pregler. Nays-None. Petitinn of Mercy Medical Gift Shop requesting a refund of $50. an ,the unexpired portion af cig- arette liceuse No. 70, as he has discontinued busloess on 12.30-69, presented and read. Mayar Meyers moved that the refund he grar>ted and the Auditor ¡""tructed ta issue pMper warrant. Seconded b y Councilman Pregler. Carried by the following vate: Yeas - M,ayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-Nane. Petition of Merlyn L. Weber re- questing a refund af $250. an the unexpired portion af Liquor Li- cense Na. C-1565, as he has dis- continued busloess on 11-20.69, pre. sented and read. Mayar Meyers moved that the refund be 'granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by tbe fallowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-Nane. Petitian of Peoples Natural Gas requesting permiss"" to excavate at 30 N. Booth Street to repair leakto;g maios, presented and read. Councilman Couchman moved that the petition be approved. Seconded by Cauncilman Pregler. Carried by the followlog vote: Yeas-Mayar Meyers, Council- men Bitter, Couchman, Malden- hauer, Pregler. Nays-Nane. Petitioo af Dubuque Packlog Co. requestlog renewal of restricted plumber's liscense issued ta Archie T. Kuehn, presented and read. Councilman Pregler moved that the petition be referred to the Plumbing Board. Seeonded by Councilman Bitter. Carried by the followlog vote: Yeas - Mayor Meyers, Council- men Bitter, Cauchman, Molden- hauer, Pregler. Nays-None. Praof of Publication, certified to hy the Publisher, af Notice af pub- lic hearing on the resolution af necessity, p I a ttI s, specifications, form of contract and cast of im- provements for construction of Bies Drive Sanitary Sewer 1969 £ram S.P.L. af Pennsylvania Avenue to N.P.L. of IJoot 1 of Lot 6 of C.J. Bies Subdivision, presented and read. No written objections were filed and no oral objectors were present ,. the Council Chamber at the time set for the public bearing. Cauncilman Couchman maved that the proof of publica- tian be received and filed. Second by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Statement of City Clerk eertify- Ing that notices af public hearing were mailed by eertified mail an December 9, 1969, to property awn- ers of record subjeet ta paying Regular Session, January 5, 1970 13 ø1. cast far construction of Bies Drive Sanitary sewer, presented and read. Councilman Couchman moved that the statement be re- ceived and filed. Seeonded by Councilman Bitter. Carried by the follaw1ng vote: Yeas - Mayar Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - Nane. Decision of Council upon objec- tions to plans, specificetions, form of contract and cost of Improve- menh. RESOLUTION NO. 5.70 WHEREAS, proposed plans and specification" and farm of contract for the canstructian of: Bies Drive Sanitary Sewer 1969 from S.P.L. af Pennsylvania Ave ta N. P.L. of Lot 1 of Lot 6 of C. J. Bies Suhdivisian have been approv- ed by the City Cauncil of the City of Dubuque and public notice giv- en as pnovided by Clupter 23 of the Code of Iowa, 1966 pertaioing to public cootracts and hoods, ~ttld the time and place fixed far the bearing of all objections to said plans, specificatians or contract for or cast of such Improvements, said time belog this 5th day af January, 1970; and WHEREAS, the City Council met in regular sessian this 5th day of January, 1970, at 7:30 a'clack P.M. at the Council Chambers in the City Hall far the purp<Jse af hearlog all interested parties and coosidering any and all abjections which have been filed to the pro. posed plans, specifications or con- tract for ar cost af the improve- ment herein described a;nd pro- posed to be made; and WHEREAS, 'all interested parties have been given an apportunity t.o be heard and all abjectians which have been duly weigbed and cansldered; now, therefore BE IT RESOLVED by the City Council of Dubuque, that all abjec- tions whic4 4ave been made and filed to t4e plans, specüications, contract far ar cost af said improve- ment herelo described and pro- pased to be made, be and the same hereby overruled and such plans, ' specifications and farm af contract I' heretofare approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution cantainlog the decis- ian af this Council upon all abjec- tians which have been filed to the plans, specifications and form af cost said improvement be made a matter af permanent recard in can- nectian with said improvement. Passed, adopted and approved this 5th day af January, 1970. Danald R. Meyers Mayor Walter A. Pregler Wayne A. Maldenhauer Gaylord M. Cauchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler move<l adop- tion afthe resolutian. Seconded by Councilman Bitter. OaiTied by the followlog vate: Yeas - Mayar Meyers, Council- men Bitter, Couchman, Malden- hauer, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION ON. 394-69 WHEREAS, propased p I a n s, specificatians, form of cootract, plat and schedule have been duly prepared and approved hy the City Council of the City of Dubuque and are naw on file in the office af the City Clerk showing amang other thingS the following: 1. The size ""'d kind of sewers. 2. Each Jot prop<>sed to be assessed tag ether with a valuatiOOl fixed by the council. 3. An estimate af the cost of the proposed improvemeM, stating the same for each different type of construction and kind af ma- terial to be used. 4. In each case the amount thereof which is estima,ted to be assessed agalost each lot, for the can- struction of the BIES DRIVE SANITARY SEWER 1969 from S. P.L. af Pennsylvania Ave. to N.P. L. of Lot 1 af Lot 6 af C.J. Bies Subdivision. BE IT THEREFORE RESOLV- ED that the City Council on Its awn mOltion ar upon petition af property owners, deems it advis- able and necessary for the public welfare ta make the herein men- 14 Regular Session, January 5, 1970 tioned improvement, and unless property owners at the time of the final consideration of this pra- posed resolution bave 00 file with the City Clerk abjeetions ta the amount of the praposed assess- ments, they siu>.ll be deemed to have waived all objections thereto. Said improvements siu>.ll be can- strncted and dane in accordance with the pia... and specifications which have been prepared there- fore by the City Engineer which have been appraved by the City Council and ...-e naw an file with the City Clerk. That the cost aDd expense af makiog said improve- ment will be assessed upan and against all privately owned pro- perty lying within assessable dis- tance pravided by law and iu an amount not to exceed the "mount pravided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac. cording to area and in praportion to the special benefits canferred I thereby, and any deficiency siu>.ll be paid out of sewer funds. Sewer Boods shall be issued and sold 10 ,anticipatianof deferred pay- ments of assessments when a CoD- tract has been perfarmed and ac- cepted and the proceeds thereof used w pay the cantractar. The railway portian of any street or assessment district shall be assess- ed to and paid ,by the railway .company. The above resolution was intra- duced, appraved and ordered plac- ed on file with the City Clerk this 8th day af December. 1969. RECORD OF FINAL ADOPTION. The foregoing resalutian was flo- ally passed and adopted, as pro- posed, by the City Cauncil this 5th day of January 1970. Danald R. Meyers Mayar Walter A. Pregler Wayne A. Maldenbauer Gaylard M. Cauchman Jœeph J. Bitter Councilmen Councilman Cauchman moved final adaption of the resalution. Seconded by Councilman M<Jlden- Attest: LeO F. Frommelt City Clerk hauer. Carried hy the faJb>owing vote: Yeas - Mia,yar Meyers, Council- men Bitter, Cauchman, Molden- bauer, Pregler. Nays - Nane. (Ordering Construction) RESOLUTION NO. 6.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolutian of necessity Na. 394-69 which was duly passed by this Council, for tbe constructian of: Hies Drive Sanitary Sewer 1969 fram S.P. L. of Pennsylvania Ave. ta N.P.L. af Lat 1 af Lat 6 af C.J. Bies Subdivision. Be and the same are hereby ordered and con- structed by this Cauncil upon j(s own matian and with or without the petition of praperty awners. Ail the wark shall be canstructed 10 accordance with the plans and specifications heretofare adapted and ""wan file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense af the said impravements be paid for by levying s pee i a I ,assessments agalost the privately awned pro- perty lying within the assessable distance tram the improvements, whether such property abut upon the same ar are adjacent thereto, accarding ta the area therof and in prapartian ta the special benefits conferred, and any deficiency will be paid aut af the sewer funds a! the city. Payment will be made to the contradar aut of funds realized from the sale of Sewer Bonds to be issued 10 anticipation of deferred payments of assess. ments as provided by law after the wark has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise far proposals far the can- strnctian of the varioos improve- ments herelo pravided far in the manner provided by law, the said improvements shall be campleted on ar befare 60 days after natice to . praceed has been issued. BE IT FURTHER RESOLVED that his resolution being deemed urgent and of immediate neeéssity shall be in farce and effect from Regular Session, January 5, 1970 15 and after its passage and adop. tioo by the City Cauncil. Passed, adapted and appraved this 5th day January, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Maldenbauer Gaylord M. Cauchman Jaseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter maved adap- tkm of the resalution. Seeanded by Mayor Meyers. Carried by the fallowing vote: Ye,,~Mayor Meyers, Cauncil- men Bitter, Couchman, Malden- iu>.uer, Pregler. Nays-Nane. RESOLUTION NO. 7.70 Accepting Delivery of Deeds for the Downtown Urban Renewal Pro- lect Iowa R.15. WHEREAS, under date af July 26, 1967, the City af Dubuque and the United States of America en. tered inta a Laan and Capital Grant Contact far the undertaking of the Dawntown Urban Renewal Projeet, Iowa R-15; and WHEREAS, the City af Dubuque pursuant to authorizatian and dir- ection of said Laan and Capital Grant Cantract, has acquired far the public purpase af implementing and facilitating the Dawntwan Ur. ban Renewal Project, Iowa R-15, certain parcels af real estate ,by porchase; naw therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Delivery of deeds to the City af Dubuque for the followiog described parcel af real estate 10 the Downtawn Urban Renewal Project, Iowa R-15, is hereby ratified and accepted by the City af Dubuque. Grantor Dubuque - Larens, Inc. Deed dated Deeember 2, 1969 Re- carde 10 Book 200, page 556. Property Description Lot 244, lot 241, tbe southerly 22 feet of lot 242, in the City of Dubuque, Iowa I' accarding ta the United States Commis'sioners' Map of the Tawn I (naw City) of Dubuque. (Parcel 10-1) Section 2. That the recarding af the respective deeds af canvey- auce af title 10 the affice of the Recarder 10 and for Dub u que caunty, Iowa 10 hereby ratified. Section 3. That the City Clerk be and he is hereby autharized and directed to file a copy of this Resalutlon 10 the Office af the Recorder in and for Dubuque, Caunty, Iawa. Passed, appraved, and adopted this 5th day of January, 1970. Danald R. Meyers Mayor Walter A. Pregler Wayne A. Maldenbauer Gaylord M. Couchman Jaseph J. Bitter Councilmen Attest: Lea F. Frammelt City Clerk Cauncilman Couchman moved adoptian af the resolution. Secoo- ded by Mayar Meyers. Carried by the following vate: Yea~Mayar Meyers, Council- men Bitter, Couchman, Malden- hauer, Pregler. Nays-Nane. RESOLUTION NO. 8-70 WHEREAS, the City af Dubuque bas asked the Corps af Engioeers to include 10 its constructian can- tract 10 connection with Stage I of the Dubuque Local Flood Pro- tecUan Praject, additianal work, which wark shall coosist af the fallowing: Raadway fill (Front Street) from Lincaln Avenue to Shiras Avenue (Sta. 94+30N ta Sta. 66+00N, 10- eluding a road ramp at Haw- thorne Street and a road ramp at Shiras Avenue, all as mare par- ticularly shawn on Drawings Nas. DLP-l 16/2 and 16/3, and, WHEREAS, the estima'te cast of said project is 10 the amaunt of $63,500.00 said amaunt covers the included cost af the canstruction contract for the inclusian af ad- ditianal work an behalf af the City af Dubuque, Iawa and, WHEREAS, 10 arder for the Carps af Engineers ,taapprove the additianal wark hereloabove refer- 16 Regular Session, January 5, 1970 red ta it is necessary far the 12 together with certified cheek City of Dubuque to execute the in the amaunt af $3,089.60. attached draft of letter. 2. Plans and elevatioos showlog NOW THEREFORE BE IT RE. a ane-story and basement build- SOLVED BY THE CITY COUNCIL ing ta be built at this time. OF THE CITY OF DUBUQUE, We are also attachiog perspec- IOWA: tive shawiogthe praposed build- Section I. That the execution of log. The foundations and columns the letter to the District Engineer will be put in at the present ,time of the United States Army En- to take twa additianal stories which gineers relatiog to the Dubuque will be added as soon as the de- Local Flood Pratectioo Project mand for additianal space war. wherein the City af Dubuque asks rants it. ,the CorPs of Engineers ta accept At tIœ present time we have as contributed funds the sum af a cansiderable amount of space $63,500.00 which represents the es- available far rent in the lawer level timate cast af the additianal wark and third floor af the maio Arcade and that the execution af said letter Buildiog which ,adjaÍDS the new by the Mayar for and an behaIf praject. af the City of Dubuque, Iowa, be In connectian with this proposal an~ the same t~ereby appraved, ta purchase, we believe that the ratified and confirmed. fallowing facts should be nated for Section 2. That the said letter the recard: executed .far and on the behaIf 1. The easement an record be- af the CIty af D~buque b! the tween the previaus awners af Lot Mayor,. together wlth contnbuted 10-10 and the adjoiniog lot which funds m the. amaunt of $63,500.00 is awned by Fischer & Oampany, and a certifled copy af this Re- Inc pravided Ihat nothing may s~luti.an be ?-ansmltted to the be 'built an the ten northerly feet DlOtriCt E~gmeer, UIDt~d &tates af this Lot 10-10. It would seem Army En~m~ers, District, Rack unrealistic, therefore, far the City Island, DlioOlS. to cbarge the same amount per Passed, appraved and adapted square foot for this 10 x 114 or this 5th day af January, 1970. 1140 'square feet, as is being Donald R. Meyers charged far the remainiog por- Mayar tions. Fischer & Company actually Walter A. Pregler paid for this easement at the time Wayne A. Moldenhauer they purchased the praperty and, Gaylord M. Couchman therefare, have as much right to Jaseph J. Bitter the use of this intervening prop- Councilmen erty as the City has. 2. Sioce no atlœr Main Street property ar comparable property is being offered far sale at the present time, ,there is na way of judging the relative appraised val- ues. When we firot began to coo- sider this projecil; ,back 10 1967, we were informed that the value Council- I set by the appraiser at that time, Maiden- was $3.25 per square faat. At that time, there were various compan- ies 10 the Renewal Area who were going to be displaced, who had talked ta us about space 10 this proposed building and we believe that we cauld have filled the entire building. Sioce that time, almost all the tenants in the renewal area have made other arrangments and building casts have mcreased by 20 to 25 per cent. It is anr un- derstanding, that the appraisals of Attest: Lea F. Frommelt City Clerk Councilman Pregler movedadap- tion af the resalutian. Secanded by Mayar Meyers. Carried by the f<>l1awiog vate: Yeas-Mayar Meyers, men Bitter, Couchman, hauer, Pregler. ~ays--None. September 10, 1969 The City of Dubuque City Hall Subject: Lot 10-10 far Urban Re- newal Openiog Gentlemen: We are attaching herewith the follawing: 1. DIsposition Forms8,5,S, 7 and ". . I f Regular Session, January 5, 1970 17 ail, the praperties 10 the Urban B_1 District are an impartial jII:OCeeding and take inta accaunt the relative value of all the prop- erties in the renewal area. The fact that ooe piece may have great- er value to an adjoining pr"perty. awner, does nat enter ioto the ap. praisaL It is alsa our understand. ing Ihat ,the appraised pieces are fixed and not subject ta negotia- tion. Therefare, we have na way of judging the relative fairness of this appraisal until such time as all the ather properties are affered. we are, therefare, stipulatiog bere- with that if any property between 6Ih and 9th an Maio Street is sold fur a lesser price per square foot, or if any praperty 10 tbe Urban Renewal area is sold at a price per square foot less than that which had been fixed in the af- f!!ring, then we shall be entitled to a reductian by the same per- centage ... snch ather praperties that have been reduced ar said. It is aur understanding that the prices at which properties are said in an Urban Renewal praject have na relatian ta their previaus ar ...tnal value and the price is de- termined primarily by the benefits wIIich the City will receive from having the praperty improved by the develaper wbo can make the most of the property. In this 10- _ce, we may be penalized, rather than rewarded far aur ef- furts to improve aur property as we!! as Lot 10-10. Very truly yoors, Fischer & Company, Inc. Loois H. Pfahl President Coonctlman Pregler maved that the communicatian be received and made a matter of recard. Sec- onded by Mayor Meyers. Carried by the fallowing vate: Yeas-Mayor Meyers, Cauncil- men Bitter, Cauchman, Molden. hauer, Pregler. Nays-~ane. January 5, 1970 lfunarable Mayor and Members af the City Council SUbjeet: Parcel 10 of 10 Urban Renewal City of Dubuque Gentlemen: We are writiog to yau as at- torneys for Fiseher & Ca., In- corporated. We resubmit ta yoo herewith the follawiog: 1. Dispasitian Farms 3,5,S, 7 and 12 certified check in the amount af $3,089.60. 2. Plans and elevatian shaWÍDg a ane-story and basement buildlog ta be built in the near future. 3. Perspective shawing the pra- posed buildiog. The foundations and calumns will be pwt in at the present time to take twa additional stories which will be added as soon as the demaud far ,additianal space warrants it. ("A" See faotnote) We naw have space available far rent in the adjaioing Arcade Build- ing. All af the above referred ta doc- uments were submitted as part of the letter of Fischer & Ca. ta the City, dated September 10, 1969. Fischer & Ca. agrees ta the 'grade elevatian change recommended by Bartan - Aschman As'saciates. Ex- cept for that grade change, it is aur understanding that the plans, drawings and perspective, as suI>- mitted, ,are approved. Because neither Mr. Pfohl, Pres- ident, nar the writer plans to be preseut far the City Caunctil meet- ing on January 5, it is apprap- riate ta explaio this re.submission and the reasous far it. 1. Fischer & Ca. bonestly be- lieves it is in the best ioterest af the City Urban Renewal Pro. gram that this praperty be sold ta it. The title to this praperty pravidesthat nathing may be built an the northerly 10 feet of Parcel 10-10. Purchase by Fischer will permit it ta coustruct a building that will occupy nat ouly all af the area purchased, but the ad. jainiog praperty to the north which is: awned by Fischer. The frontage on Locust Street of the praPOsed Fj,s'cher Building will be apprax. imately 97 feet. Aoy ather pur- chaser wauld be limited ta con- struction af a buildiog fronting only 47 feet an Locust Street, with na constructian permitted on the nar- therly 10 feet af the Parcel 10-10. We think this is not in the best loterest af the renewal program. This praposal supersedes prior affers af Fischer ta purchase this praperty. We ask your favorable cansideratian and prompt action. 2. Based upon earlier informal cammitments by the City, Fischer 18 Electrical Cantractor; David Coo. Ion, Masonry Cantractar; Robert Jacquioat, Plumbing and Heating Cantractor. This assaciatian has as its pri- mary abjective the building and development af commercial and in- vestment type properties. We prapose to purchase Parcel Na. 10 af Block 10 far the con- structwn af a twa stary building with dimensians of 47.4 feet by 114 feet. The basement and fin¡t floor of the building wauld be for commercial and retail use, and the secand floor would be occupied as affice space. The cambined area of the three floars would be 10 excess of 15,000 square feet. We are enclosing copies of the draw- ings of the proposed structure which have been prepared by Cui. len-Schiltz & Associates, Inc. The estimated cost af this impmvement will be appmximately $200,000.00. We pmpase ta purchase Parcel No. 10 af Black 10 which consists af 6,532 square feet for the dispasa! price of $4.73 a square foot ar a tatal af $30,896.00. At the present time we have a canditianal lease agreement with Bruer Beef, Inc., a franchise food establishment which wauld aperate a mooern high quality restaurant and accupy the entire basement and approximately 3,000 feet af the first floor of the building. The lease is cauditianed an our abtainiog the iand at the disposal price indicated. The agreement further cantem- plates immediate accupancy, and 10 na event later than May I, 1970. The ,balance af the first floor, cam- mercial and retail portions af the building, and the secand flaar af. fice space portian have nat yet been cammitted, but we feel that aur rentals will be campetitive and we will have na difficulty abtain- log accupants. We cantemplate the cammencement of canstruetion up. on delivery af title and campletion of the entire building 10 a mini- mum period af time. We wauld welcame an apportun- ity ta submit a farmal praposal and ta discuss this matter with the appropriate representatives af the City and its Urban Renewal Department. Respectfully submitted, Thamas Leibold Hegular Session, January 5. 1970 has already invested appmximate- iy $10,000 10 develaplog plans far the praposed building and making tie-io impmvements to the adjoin- ing building awned by Fiscber. "A" foatnate Purusant ta telephone authority Fischer & Ca. will submit revised plans shawing a 2nd flaar to be canstructed as part of the same pro- ject covering the basement & 1st flaar. Yaurs truly, Fischer & Co., Inc. By: O'Counor, Thamas, Wright, Hammer & Bertsch Signed: F. J. O'Cannar Councilman Pregler maved that the cammunication be received and made a matter of record. Sec- onded by Mayor Meyers. Carried by the fallowiog vale: Yeas-Mayor Meyers, Council- men Bitter, Cauchman, Molden. hauer, Pregler. Nays-Nane. Cammunication af Judith A. Fitz- gerald, instructor of history at Ciarke Callege, in support of graup headed by Thomas Leibold far the purchase of Urban Renewal pmp- erty located at the northeast car. ner af 8th & Lacust Street, pre. sented and read. Couocilman Pregler maved that the cammunication be received and filed. Seconded by Mayar Meyers. Carried by the following vote: Yeas-Mayar Meyers, Council- men Bitter, Cauchman, Malden. hauer, Pregler. Nays-Nane. December 29, 1969 The Hanarable M,ayar and City Cauncil Gentlemen: On behalf af a newly farmed busloess assaciatian I wish ta sub- mit a pmposal for the redevelap- ment af Parcel No. 10 af Block 10 10 the City of Dubuque Urban Renewal Land Dispositian Plan. The busioess assaciatian cansists of the foilowing persans, wbase names and accupatians are as fal- laws: Thamas Leibold, Real Estate Broker; Rabert Biggios, General Contractor; Harald Maldt, Jr., Regular Session, January 5, 1970 19 Councilman Pregler moved that the communication be received and filed and made a matter af ree- Dr d. Seeonded by Councilman Couchman. Carried by the fallaw- ing vote: Yeas-Mayar Meyers, Cauncil. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. January 2, 1969 Mr. Gent Wittenberg Dubuque Urban Renewal Dapartment Dear Mr. Wittenberg: Enclosed berewith please find the completed documents in cannection with the pmposal of the general pa'rtnership consisting of Robert Jacquinat, Rager David Canlon, Raber! Biggios, Thomas Leibold and Harald Maldt, Jr. There is alsa enclosed the required certi. fied cheek 10 the sum af $3089.60. In the event there are any ather dacuments needed 10 arder ta sup- plment this praposal, please ad- vise. Thank you very muoh. Very truly yours, Alfred E. Hughes Councilman Pregler moved that the cammunicatian be received and filed and made a matter of rec- ord. Secanded by Councilman Couchman. Carried by the fallaw. log vote: Yeas-Mayar Meyers, Council- men Bitter, Cauchman, Malden- hauer, Pregler. Nays-None. Councilman Pregler moved that the rules be suspended in arder to let anyane present address the Council i.f they sa desire. Secanded by Councilman Bitter. Carried by the fallawing vote: Yeas-Mayar Meyers, Cauncil- men Bitter, Couchman, MaWen- hauer, Pregler. Nays-Nane. Attorney Francis J. O'Connar, representing the Fischer and Pfahi interests stated that Mr. Pfohl wauld he the lagÎcal developer af the whale area under discussian. It wauld be a 'black develapment rather than partial development as I proposed by other ioterests. With this in mind Mr. PfaW could con- struct a building fram the corner of 8th street right straight thru ta the Arcade building which he presently awns. The area contains a ten foot easement far air rights which wauld restrict other ioterests to the canstruction of a building af anly forty seven feet. Attorney Alfred E. Hughes, rep- resenting the Thomas Leibold gmup, was of the apinion that there is na legalbioding agreement with Mr. PfaW and the City is nat bound ta sell ta him at the present time. His client propases to construct a building an the land withio two manths after purchase. They bave a tenant who wauld like occupancy by May of this year. At 10:19 P.M. Cauncilman Cauch. man mavedthat the Council go inta executive sessian ta consider the sale af the pmperty under dis" cussion. Seconded by Councilman Bitter. Carried by the fallaWÍDg vate: Yeas-Mayar Meyers, Council. men Bitter, Cauchman, Molden- hauer, Pregler. Nays-None. The Cauncil returned to the Caun- cil Chamber at 10:25 P.M. in reg. ular session. Attorney R. N. Russa announced that he advised the Cauocil ta return ta regular sessian and discuss the matter openly and Mr. Pfahl's propasal is unqualified and unconditianal. Urban Renewal Directar Witten- berg sta.ted that Mr. PfaW's pr<>- posal would indicate the best use of the land. Councilman Pregler moved that Mr. PfoW's proposal be accepted as amended. Secanded by Council- man Couchman. Carried by the follawiog vate: Yeas-Mayar Meyers, Cauncil- men Bitter, Cauchman, Molden. hauer, Pregler. Nays-None. Cauncilman Bitter maved that the deposit check of Mr. Leibold be returned alang with all ather documents of his. Secanded by Ma. yor Meyers. Carried by the fallaw- ing vate: Yeas-Mayar Meyers, Cauncil- men Bitter, Cauchman, Moldeo. hauer, Pregler. Nays-Nane. 20 Regular Session, January 5, 19m RESOLUTION ON. 9-70 Authorizing The Execution Of A Contract For Sa,le Of Land For Private Redevelopment With Fi,.. char And Company, Inc. WHEREAS, pursuant ta Resolu- tian Na. 334-69, and a Natice af Public Hearing published 10 the Telegraph-Herald, a newspaper af general circulatian in the City of Dubuque, Iawa. City Cauncil met on January 5, 1970, at 7:30 a'clock P.M., Central Tiroe, 10 City Coun- cil Chambers, City Hail, Dubuque, Iawa ,to consider the proposal ta dispose af the ioterest af the City af Dubuque to Reuse Parcel 10 Black 10 10 the Dawntown Urban Renewal Project, Iawa R-15. to Fischer and Company, Inc.; and WHEREAS, pursuant to said re- solution a capy af the Redevela- per's Statement far Public Dis- clasure ,and a copy of the praposed form af Contra'ct far Sale af Land far Private Redevelapment was placed an file 10 the office af the City Clerk far public inspection; and WHEREAS, the City Cauncil af Dubuque, Iowa, averruled any and all objections, aral and written, to the praposal to dispose af said ioterest af the City of Dubuque 10 the above described real estate to Fischer and Company, Inc.; now therefare BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Mayor and the City Clerk be and they ,are hereby autharized ta enter iota a Cantract for Sale of Land and Private Redevelapment in accar- dance with the terms of the Dis- positian Dacuments gaverning such sale with Fischer and Campany, Inc., far the real estate knawn as Reuse Parcel 10 af Black 10 in the Dawntown Urban Renewal Praject, law. R-15, 'contaioiog 6. 532.2 square feet, subject to sur- vey. Section 2. That said parcel of real estate shall be said for $4.73 per square faot ar a total price of $30,897.31 subject to fioal survey af the land ta be conveyed. Passed. appraved, and adapted this 5th day af January, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J- Bitter Councilmen Attest: Lea F. Frommelt City Clerk Councilman Pregler maved aoop- tian af the resolutian. Seeooded by Cauncilman Cauchman. Carried by the fallawiog vc>te: Yeas-Mayar Meyers, Council- men Bitter, Cauchman, Malden- hauer, Pregler. Nays-Nane. RESOLUTION ON. 10.10. WHEREAS, applications for Beer Permits have been submitted ta this Cauncil far appmval and the same have been examined: NOW THEREFORE. BE IT RESOLVED by the City Cauncil of 'the City of Dubuque, Iowa, that the fallawing applica- tions be granted and licenses be issued upon the compliance with the terms af the ardinances af the City. CLASS "B" BEER PERMIT Donald Iües, 2620 University Avenue Jaseph E. Bell, 263 Main Street Flarence Brede Herburger, 2987 Jackson Street Jerold F. Stierman, 2255 John F. Kennedy Raad CLASS "C" BEER PERMIT Jahn Neumei&ter, 729 Lincoln Avenue Passed, adapted and approved this 5th day af January, 19'10 Donald R. Meyers Mayar Walter A. Pregler Wayne A. Maldenbauer Gaylord M. Couchman Joseph J. Bif:te!r Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adopljon af the resalution. SeeOnded b y Cauncilman Pregler. Carried hy the fallowing vote: Yeas-Mayor Meyers, Cooncil- men Bitter, Coochman, Molden- hauer, Pregler. Nays--Noue. Regular Session, January 5, 1970 21 RESOLUTION NO. 11.70 WHEREAS, applicatians far 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 QCC11pied by such applicants were inspected and found ta camply with the ordinances af this City .me! they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Cauncil af the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected ta issue to the fallowing named applicants a Beer Permit. Donald Iües, 2620 University Av- enue Jaseph E. Bell, 263 Main Street I Florence Brede Herburger, 2987 Jackson Street Jerold F. Stierman, 2255 John F. Kennedy Road CLASS "C" BEER PERMIT John Neumeister, 729 Lincaln Av- enue BE IT FURTHER RESOLVED that the bands filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 5th day of January, 1970. Danald R. Meyers Mayar Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Jaseph J. Bitter Cauncilmen Attest: Lea F. Frammelt, City Clerk Mayor Meyers moved adaption af the resolution. Secanded by Cauncilman Pregler. Carried by the fallowing vote: Yeas - Mayor Meyers, Cauncil- men Bitters, Couchman. Malden- hauer, Pregler. Nays - None. RESOLUTION NO. 12.70 WHEREAS, applicatians for Liq- uar Permtis have been submitted to this Council far appraval and the same have been examioed, NOW THEREFORE BE IT RE- SOLVED, by the City Cauncil of the City of Dubuque, Iowa, that the following applications be grant. ed and licenses issued upon the compliance with the terms af the IOWA LIQUOR CONTROL ACT- CHAPTER 123--as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Danald Kies, 2620 University Ave- nue. Jerald F. Stierman, 2255 John F. Kennedy Road Passed, adapted and approved this 5th day af January, 19'10. Donald R. Meyers Mayar Walter A. Pregler Wayne A. Maldenhauer Gaylard M. Couchman Jaseph J. Bitter Cauncilmen Attest: Leo F. Frammelt City Clerk Mayar Meyers moved adaptian af the resalution. Secanded by Cauncilman Pregler. Carried by the follawing vote: Yeas-Mayar Meyers, Cooncil- men Bitter, Coochman, Molden- hauer, Pregler. Nays-Nane. RESOLUTION NO. 13-70 WHEREAS, applications for Llq- uar Permits were filed by the with- in named applicants and they have received 'the approval of this Caun- cil, and WHEREAS, the premises to be accupied by such applicants were inspected and found to camply with the Sta,te law and all City ordi- nances relevant thereto and they have filed proper bands; NOW THEREFORE BE IT RE- SOLVED by the City Council af the City af Dubuque, Iawa, that the Manager be authorized to cause ta be issued ta the fallowiog named applicants a Liquar Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Donald KiM, 2620 University Ave- nue Jerold F. Stterman 2255 Jahn F. Kennedy Raad 22 Regular Session, January 5, 1970 Passed, adapted and approved this 5th day of January, 1970. Donald R. Meyers Mayar Walter A. Pregler Wayne A. Moldenhauer Gaylard M. Coochman Jœeph J. Bitter Councilmen Aittest: Leo F. Frommelt City Clerk Mayor Meyers maved adaptian of the resalutian. Secanded by C<>UIlCilman Pregler. Carried by the fallawing vate: Yeas-Mayor Meyers, Cauncil- men Bitter, Caucbman, Molden- hauer, Pregler. Nays-None. Councilman Coochman moved appreeiatlan and thoughtful work accamplished by farmer Cauncil- men McCauley and Schultz and alsa for the effective jab accam- plished by Cauncilman Pregler while acting as Mayar durlog the past year. Secanded by Council- man Bitter. Carried by the fallaw- ing vate: Yeas-Mayor Meyers, Council- men Bitter, Cauchman, Malden- hauer, Pregler. Na~Sf-:--rone. There being no further business Mayar Meyers maved ta adjaurn. Seconded by Cauncilman Malden- hauer. Carried by the fallowiog vote: Yeas-Mayar Meyers, Cauncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays-Nane. Leo F. Frommelt City Clerk Appraved Adopted ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: """"ëïiÿ"'c¡;;r¡,:""""""""""" 1970 1970 Special Session, Ja\luary 19, 1970 23 CITY COUNCIL I OFFICIAL Special Session, January 19, 1970. Council met at 7:30 P.M. (Cen. tral Standard Time) present - Mayor Meyers, Coun. cllmen Bitter, Couchman, Mold. enhauer, Pregler. City Manager Gilbert D. Chaven. ene. Mayar Meyers read the call and stated that service thereof had been duly made and this meeting is called far the PURPOSE OF APPROVING SALE OF AIRPORT LAND TO THE HIGHWAY COM- MISSION AND ALSO APPROVING SALE OF $3,262,000. PROJECT NOTES FOR THE URBAN RE. NEWAL PROJECT IOWA R.15, and acting upon such ather business as may properly come before a regu- lar meeting of the City Council. Communicatian of the Commis- sion an the Aging from Des Moines, Iowa, by Earl V. Delsan, express- ing his appreciatian far allawing them to present the case far low rent hausing, and haping that the City and County will undertake some program af housing for the elderly, presented and read. Coun- cilman Pregler moved that the communication be reeeived and fil- ed. Secanded by Cauncilman Bit- ter. Carried by the following vate: Yeas - Mayar Meyers, Cauncil- men Bitter, Cauchman, Malden- hauer, Pregler. Nays - Nane. Cammunicatian of Project Con- cern submitting a reeammendation as to their participation in law rent housing far the elderly pre- sented and read. Cauncilman Mold- enhauer moved that the communi- cation be referred ta the Manager I and Staff to came back with recam- mendatians. Secanded by Cauncil- man Cauchman. Carried by the fal- lawing vate: Yeas - Mayar Meyers, Council- Men Bitter, Couchman, Maldenhau- er, Pregler. Nays - None. Communicatian af Dubuque Council af Churches, Social actian cammittee, recommending the es- tablishment of a City Housing Autharity as presented by Pr0- ject Concern, presented and read. Councilman Couchman maved that the communication be referred to the City Manager and Staff to came back with recammendatians. Sec- onded by Cauncilman Pregler. Car- ried by the following vate: Yeas - Mayar Meyers, Council- men Bitter, Cauchman, Maldenhau- er, Pregler. Nays - Nane. Cammunicatian of Tom Leibold and Associates expressing thanks ta thase people wha supported their efforts in trying ta secure the urban Renewal site at 8th & Lo- cust Street, presented and read. Councilman Pregler moved that the cammunication be received and filed. Seconded by Cauncilman Bitter. Carried by the fallawing vote: Yeas-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. January 15, 1970 To the Honorable Mayor and City Council Gentlemen: This is ta advise that I have appraved the fallawing bond and policy, and desire to have your ap- proval an same. COMPREHENSIVE LIABILITY Saffran Canstruction Campany, Bi- tuminous Casualty Corparation SIDEWALK Gilbert Raling, Merchants Mutual Bonding Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the palicy and bond be filed sub- ject ta appraval af the City Solic- itor. Seconded by Mayar Meyers. Carried by the follawing vote: Yeas - Mayor Meyers, Cauncil- men Bitter, Cauchman, Malden- hauer, Pregler. Nays - None. January 14, 1970 To the Hanorable Mayor and City Council Gentlemen: The Large Cities Graup of the Iowa Lea'gue of Municipalities has 24 Special Session, January 19, 1970 vated to establish a fund to provide salary and expense far a perron to work with the League Directar. The City af Ames bas agreed to be the cantraeting agent under the Intergavernmental Agreement legislation of 1965. Dubuque's share of the anticipated 1970 cast, pro-rated an a per.oCapita basis is $1,044. The attached contract provides far aur participatian 10 the pro- gram. I ask that the mayar and olerk be granted authority ta sign it. Respeotfully submitted, Gilbert D. Chavenelle City Manager Councilman Maldenhauer moved approval of the request. Secanded by Mayar Meyers. Carried by the follawiog vate: Yea.&-Mayor Meyers, Council- men Bitter, Cauchman, Malden- hauer, Pregler. Nays-None. January 13, 1970 Honorable Mayar and City Council Gentlemen: On May 25, 1969, Mrs. Rita M. Rang, 2465 Cherry Street, Dubuque, lawa, filed claim agaiost 'the City af Dubuque 10 the amaunt of $2,000 for injuries allegedly suffered an the 14th day of May, 1969 as the result of an alleged fall 10 the alley cros,siog between Asbury and Fioley Streets at the intersectian of said alley and Cherry Street, claimant aileging injuries ta her right knee as the result af said fall, and this matter w"," referred to the writer. I have made an investigation af tiris matter and have reviewed the medical bills and the doctor's report, Claimant, thraugh her at- torney, 'had made an affer of set- tlement of this claim 10 the amaunt af $350.00, and it is the recam- mendatian af the City Attarney that said offer af settlement be accepted and that the City Auditor be instructed ta draw a warrant payable ta Mrs. Rita M. Rang and Rager Rang, wife and husband, in the amaunt of $350.00 and trans- , mit the same to the City Attarney I for delivery upon receipt af duly executed releases. Origioal Claim is returned herewith. Respectfully subnú.tted, R.N. Russo City Attorney Councilman Pregler maved ap- proval af the recammendation. Seconded by Mayar Meyers. Car- ried by the following vote: Yeas-Mayar Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-Nane. Cammunioatian of Attorney Gen- eral of lawa submitting a dismis- sal notice of case against Union Asphalt & Raadails Inc. stating that a settlement has been reacbed in the amount of $250,000 less prab-- able fees approximating $65,000 the balance of which will be distributed amang the variaus participatiog governmental subdivisians who participated in the suit, presented and read. Councilman Cauchman maved that the notice be referred ta the City Sali.citar. Seconded by Cauncilman Maldenhauer. Carried by the fallowing vate: Yeas-Mayar Meyers, Cooncil- men Bitter, Cauchman, Malden- hauer, Pregler. Nays-None. Natice af claim of Laras E. Hart- man, in an estimated amount of $52.24 for car damage iocurred as the result of strickiog a rock iu the street at Dooge and Booth an December 23, 1969, presented aud read. Mayor Meyers maved that the claim be referred to the City Solicitor for investigatian and report. Secanded by Cauneilman Bitter. Carried by the follawing vote: Yea's-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-Nane. Notice of claim of Michael J. Finn, in the amaunt of $553. for personal property damage incurred as the result af a sewer back-up inta his hame at 1770 Keyway Drive on January 2, 1970, presented and read. Mayar Meyers moved that the claim be referred to the City Solicitar far investigation and reo part. Secanded by Councilman Bit- Special Session, January 19, 1970 ter. Carried by the falloWiog vote: Yeas-Mayor Meyers, Cauncil- men Bitter, Couchman, Malden- hauer, Pregler. Nays-Nane. Notice of claim of Mildred M. Teasdale, in an undetermiocd amount, far iojuries received 10 .. fall in ,the Parkiog Ramp at 8th & Locust on December B, 1969, presented and read. Mayar Meyers moved that the claim be referred to the City Solicitor far iovesti- gatian and repart. Secauded by Councilman Bitter. Carried by the fallawiog vote: Yeas-Mayor Meyers, Council- men Bitter, Coochman, Malden- I hauer, Pregler. Nays-Nane. January 15, 1970 To the Hanarable Mayar and City Council Subjeet Supplemental Apprapria- tions to the 1970 Budget Gentlemen: I have investigated the balances of the several funds and accounts and determined the cost of pro- grams and materials budgeted in 1969 which must be carried into 1970. 1 have alsa costed several items, not covered by the 1969 ar 1970 budgets, which require financ- ing. an~ha~: ~~~~=~ed c~~~~~~ °J,~~~ I transactions and presented for your cansideration. This ordinance must be set dawn far public hear- ing. In arder that you may be aware af the financial details involved, I submit the attached table, "Re- quested Supplemental Appropria- tians ta 1970 Budget". In the table I have described the intent and purpose of each item included in the request. I have also indicated with an asterisk those items which are nat "carryover" from the 1969 budget. Two of these, "Cantribu- tian ta River Valley CAP" and "TV Sewer Inspectian Equipment" were favarably cansidered by the Council last August with the sug- gestion that they be included in this request. po~a~a~hi~~t a~~cl~~~~ki~~e;t ~:::: I daar, believing that the financing of these proposals can only be de- termined after the 1969 cammit- ments are covered. Examples of excluded proposals are: Increased suppart far Alcahal- ism Program; Rubella Immunization Program; Annual support for the Visiting Nurses Asociation; Financing additional cost of ser- vice performed for the City by the Humane Society; Staffing the Human Relations Cammittee; and Staffing a proposed Housing Commissian. I recommend to you the propased ordinance. RespectfUlly, Gilbert D. Chavenelle, City Manager Cauncilman Pregler maved that the communication be received and filed. Seconded by Mayar Meyers. Carried by the follawing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er. Nays-None. ORDINANCE NO. 4-70 An Ordinance Amending the Budget as Authorized by Orcf.. inanee No. 1-70, presented and read. Cauncilman Bitter maved that the reading just had be consider- ed the first reading of the Ordin- ance. Seconded by Mayor Meyers. Carried by the fallowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Mey- ers. Carried by the follawing vote: Yeas - Mayor Meyers, Council- men Bitter, Cauchman, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that a public hearing be held an the Ord- inance on February 2, )970 at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice af the hearing in the manner required by law. Secanded by Mayor Meyers. Carried by the following vote: Yeas - Mayar Meyers, Cauncil- men Bitter, Cauchman, Malden- hauer, Pregler. Nays-Nane. 25 Special Session, January 19, 1970 27 Special Session, January 19, 1970 RESOLUTION 4-69 Extract from the Minutes of a Regular Meeting of the Airport Commission of the City of Du- buque, Iowa, held on the 13th day of November. 1969. Section 1. The fallowing Resolutian was in- troduced by F. Rabert Woadward, Sr. read in full and cansidered: RESOLUTION WHEBEAS, the Iowa State Highway Commis8Ïan desires to acquire 18.6 Acres along the North Baundary af the MU- NICIPAL AIRPORT far highway purPoses and WHEREAS, the AIR- PORT COMMISSION of the City af Dubuque, Iowa deems it in the best public interest that said Highway CamlDÌssian be granted said right- of-way and WHEREAS, the offer of $6000.00 for the purchase af same shauld be accepted. NOW THEREFORE BE IT RE- SOLVED BY THE AIRPORT COM- MISSION OF THE CITY OF DU- BUQUE, IOWA that they convey it to the State Highway Cammis- sian of a parcel af real estate af ap- proximately 18.6 acres for the sum af $6000.00 which right-af-way is for highway purposes in the im- provement af U.S. Highway 151. Section 2. THE AIRPORT COMMISSION OF THE CITY OF DUBUQUE, IOWA recammends to the City Council of Dubuque, Iowa that it convey ta the Iawa State Highway Cammissian said parcel of real es- tate cantaining approximately 18.6 Acres mare ar less far the sum af $6,000.00 which shall be used by said highway cammission far high- way purpases in the impravement af U.S. Highway 151. Passed, Appraved and Adapted this 13th day af November, 1969. Les Harney Chairman, Dubuque Airport Commission F. R. Woadward Secretary, Dubuque Airport Cammissian W. M. Clemens Jr. Councilman Moldenhauer mav- ed that tbe resolution be received and made a matter af recard. See- 26 buque, Iowa overruled any and all objections aral ar written, ta the proposal to dispose af interest af City af Dubuque, Iawa, in the abave described real estate to Iowa State Highway Cammissian: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the disposal af ioterest af City af Dubuque, Iowa in real estate ta Iowa State High- way Commissian cavering the fal- lowing real estate, ta-wit: All that part af the N'h SEV. of Section 22 lying nartherly of a line beginning at a point 250 feet normally distant southerly from centerline an the west line af the NWV. SEV. af said Sectian 22, thence to a point 170 feetnar- mally distant southerly fram Statian 1098+00, thence par- allel to ar cancentric with centerline ta a paint 170 feet radially distant s aut her I y from centerline on the east line of the NE'4 SE'4 of said Section 22, containing approx- imately 18.9 acres more ar less far the tatal purchase price af $6,000.00, same beiog the approved appraisal price far the right af way needed, be and the same is hereby appraved. Section 2. That the City Clerk be and he is hereby authorized and directed ta deliver deed af ron- veyance ta Iowa State Highway Cammissian upon receipt of total purchase price in tbe amount af $6,000.00. Section 3. That the City Clerk be and he is hereby autharized and directed to recard a certified capy of this resalution in the office af the Dubuque Caunty Recarder. Passed, appraved and adopted this 19th day af January, 1970. Danald R. Meyers Mayar Walter A. Pregler Wayne A. Maldenhauer Gaylard M. Cauchman Joseph J. Bitter Cauncilmen onded by Councilman Bitter, Car- ried by the follawing VQte: Yeas - Mayar Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by t4e Publisher, of Natice of time and place af public hearing ta dis- K>se of apprax. 18.9 acres being located from Statian 1096 + 28 to Statian 1122 + 33.3 Sec. 22, Twp 88, N. R. 2 E. ta the Highway Com- mission af the State af Iowa for right of way purposes along re- located Highway Na. 151 10 the amount af $6,000. Presented and read. Na written objectians were filed and no oral abjectors were present in the Council Cbamber at the time set for the public hear- ing. Cauncilman Moldenhauer mav- ed that the proof af publicatian be received and filed. Seconded by Councilman Bitter. Carried by the follaWÍDg vate: Yeas - Mayor Meyers, Cauncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays - Nane. RESOLUTION NO. 14-70 WHEREAS, pursuant to resolu- tion of published notice of time and place af hearing published in the Telegraph-Herald, a newspaper af general circulation published in the City af Dubuque, lawa, an De- cember 12, 1969 and December 19, 1969, City Cauncil of Dubuque, fuwa met on the 19th day af Jan- uary, 1970 at 7:30 a'clock P.M., in the City Council Chamber, City Hall, Dubuque, Iowa, ta cansider the praposa! to dispose af interest of the City af Dubuque in certain real estate awned by the City af Dubuque and aperated and man- aged by the Alrpart CamlDÌssian af the City af Dubuque, Iawa ta the Iowa State Highway Commis- sion, said disposal af real estate beiog for Right af Way purposes alang relocated Highway Na. 151 being described as Iowa State Highway Cammtssian Project Na. FN-151-3 (8)-21-31 in Dubuque County, with a R.O.W. area af 18.9 acres, being located from Statian 1096+28 to Station 1122+33.3 Sec. 22, Twp. 88 N. R. 2E. and said real estate beiog hereinafter more par- ticularly described, and WHEREAS, City Cauncil af Du- petitian of Dubuque Caunty Medical Society requesting consid- eratian in underwriting any defic- it, up ta some particular amaunt, of the cost af immunizing children from 1 ta 12 against Rubella (Ger- man Measles), presented and read. Councilman Pregler moved that the City Manager be authorized to underwrite any deficit up to $3000. I Secanded by Mayor Meyers. Car- ried by the following vote: Yeas - Mayar Meyers, Council- men Bitter, Couchman, Malden- hauer, Pregler. Nays-None. Petition of Dubuque Ass'n of the Blind requesting permission to conduct their annual candy sale an the weekends of February 14th and 21st, presented and read. May- or Meyers moved that the petiti- tion be approved subject ta ap- ~~:~ ~; ~~~n~i:;;'a~a~~~:~.. ~~: I ried by the fallawing vate: Yeas - Mayor Meyers, Council- men Bitter, Cauchman, Molden- hauer, Pregler. Nays-None. petitian af Thomas E. Andresen requesting a refund af $250. an the unexpired portian of Liquar Li- cense Na. C-5672 as he has discon- tinued business an 12-23-69, pre- sented and read. Mayar Meyers moved that the refund be granted and the Auditar instructed to is- sue praper warrant. Secanded by I Cauncilman Pregler. Carried by the follawing vate: Yeas - Mayar Meyers, Council- men Bitter, Cauchman, Molden- hauer, Pregler. Nays - None. Petitian af Sunshine Circle of Finley Haspital requesting a re- fund af $25.00 an the unexpired partian of cigarette license Na. 109, as they have discantinued business an January 9, 1970, pre- sented and read. Mayor Meyers moved that the refund be granted and the Auditar instructed ta is- sue praper warrant. Secanded by Cauncilman Pregler. Carried by the following vote: Yeas - Mayar Meyers, Council- men Bitters, Couchman, Molden- hauer, Pregler. Nays-Nane. Attest: Lea F. Frommelt City Clerk Cauncilman Moldenhauer "",v- ed adoptian of the resalutian. Sec- 28 anded by Cauncilman Bitter. Car- I ried by the fallawing vote: Yeas - Mayor Meyers, Cauncil- man Bitter, Couchman, Molden- hauer, Pregler. Nays - Nane. December 18, 1969 Hooorable Mayar and Council Members Gentlemen: The City Planning and Zoning CaIDJDÌssian has reviewed a final plat of the Subdivision af Lot 1-1- 1-1-2 of Highland Farm, in the City af Dubuque. This plat is bounded by Asbury Road on the south, Chaney Raad on the east, Kaufmann Avenue an the north, and Carter Road an the west. Thls plat is a division af a par- cel af property inta three separate parcels and daes not invalve any public right-of-way. It is the opin- ion af the Cammission that this is an appropriate design for the area and that it meets the minimum re- quirements af the Subdivision Regulatians. It is the recommendation of the Planning Commission that thls plat be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSlON Don Gilsan City Planner Councilman Pregler moved that I tbe communication be received and filed. Secanded by Council- man Moldenhauer. Carried by the fullawing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Malden- hauer, Pregler. Nays-None. RESOLUTION NO. 15.70 Resolution approving plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 af Lot 1 af Lot 1 af Lot 2 of Highiand Farm, in the City af Dubuque, Iowa, is platted as Lots 1, 2 and 3 of the Sub- division of Lot 1 of Lot 1 of Lat 1 of Lot 1 af Lot 2 of Highland Farm, in the City of Dubuque, lawa; and Donald R. Meyers Mayor Walter A. Pregler Wayne A. Maldenhauer Gaylord M. Cauchman Joseph J. Bitter Councilmen Attest: Lea F. Frommelt City Clerk Cauncilman Pregler moved adap- tian of the resolutian. Secanded by Cauncilman Maldenhauer. Carried by the following vate: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Proof af Publicatian, certified ta by the publisher, af Notice af Sale af Praject Notes (First Series 1970), maturity June 5, 1970, dated February 10, 1970, ta finance Ur. ban Renewal Project, presented and read. No written abjectians were filed and 00 aral objectors were present at the times set far the public hearing. Cauncilman Maldenhauer maved that the proof of publicatian be received and filed. Seconded by Councilman Pregler. Carried by the fallowing vate: Yeas - Mayar Meyers, Cauncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Special Session, January 19, 1970 29 RESOLUTION NO. 16.70 Resolution authorizing the sale. Issuence, and delivery of project notes in the aggregate prIncipal amount of $3,262~ 000.00 and the execution of Requisition Agreement No. I In connection with the Down. town Urban Renewal P.roiect, Project No. Iowa R.15. WHEREAS, City of Dubuque (hereio called the "Local Issuing Agency") has entered inta one or more contracts (which, together with any supplements thereto ar amendments or waivers of any provisions thereaf, are herein called the "Cantract") with the UlÚted States of America (herein ealled the "Government") provid- ing for a laan by the Gavernment to the Local Issuing Agency for financing the urban renewal low- rent hausing ar redevelopment project(s) described in the Con- tract and herein called the "Pra- Name of Bidder Bank of America, N. T. & S. A. First Natianal City Bank, Continental illinois National Bank and Trust Company of Chicago First Baston Corparation and Mellan National Bank and Trust Company The Northern Trust Campany and A. G. Beeker and Campany, Inc. The Chase Manhattan Bank and Lehman Brathers Chemical Bank Bankers Trust Company Morgan Guaranty Trust Campany af New Yark and Salomon Brothers and Hutzler NOW, THEREFORE, BE IT RE- SOLVED by the CITY COUNCIL OF THE CITY OF DUBUQUE as follaws: Section I. The aforesaid publi- catian af the Natice of Sale and the farm and contents theereof as 00 published are hereby, in all respects, approved, ratified and c(mfirmed. Section 2. in order to provide funds to pay expenses incurred ar to be incurred in the development of the Project, or to refund, renew or extend its outstanding Notes issued in cannection therewith, the Local Issuing Agency hereby de- termines to borrow the sum af Three Millian Twa Hundred Sixty Twa Thousand Dollars ($3,262,- ject"; and WHEREAS, pursuant to adver- tisement far the receipt of propas- als far the purchase of the First Series 1970 of Praject Notes (here- 10 sometimes called "New Project Notes") of the Local Issuing Agency aggregating $3,262,000.00, which appeared in a Natice af Sale published an December 30, 1969 and January 6th, 1970, in the Tele- graph-Herald in the City of Du- buque, Iawa and in The Daily Eond Buyer in the City of New York, New Yark, proposals for the purchase of the New Praject Nates in the form appraved by the Locai Issuing Agency were received, opened, and canvassed at the time and place mentianed in said adver- tisement, to wit: at Council Cham- bers, 13th & Iowa, City Hall in the City of Dubuque, Iowa at One o'clock P.M. E.S.T., an January 13, 1970, which praposals are as fal- lows: Interest Rate 5.49% Principal Amount Premium Special Session, January 19, 1970 WHEREAS, said plat has been examined by the City Planning Commission and had its appraval eudorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find the same canforms to the Statutes and Ordinances relat- ing thereta; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayar and Clerk be and they are hereby authorized and directed to endorse the appraval af the City upon said plat. Passed, adapted and appraved this 19th day of January, A.D., 1970. $3,262,000 $67.00 5.49% $3,262,000 $ 5.00 5.49% $3,262,000 $12.00 5.71% $3,262,000 $-0- 5.73% $3,262,000 $22.00 5.73% $3,262,000 $24.00 000.00 and issue its negotiable Pr0- ject Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and ap- praves the farm af each pro¡:t)sal hereinafter in tbis Section 3 enu- merated for the purchase af the designated principal amount af Project Nates and determines that each such propasal offers to pur. chase such Nates at the lawest interest rate ar that as among prc>- pasals specifying the same lowest interest rate, each praposal affers the highest premium per dallar principal amount af the Notes spe- cified in such proposal. Each pra. posal enumerated below is hereby accepted and said Nates are here- by awarded to the purchaser as fallows: Special Session, January 19, 1970 Special Session, January 19, 1970 31 30 Obligatians", "Advance Notes" ar "permanent Notes") as issued in connectian with the Praject are hereby irrevacably pledged ta se- cure the payment af the principal of and interest to maturity on the New Praject Nates. Such pledge and the lien created thereby shall cease and ternrioate when monies or investment securities canverti- ble into cash not later than the maturity date af the New Prajeet Notes, sufficient and far the pur- pose of paying the principal and interest to maturity on such Notes, are deposited with the paying agent or agents for such Nates. Section 8. The proceeds derived from the sale af the New Praject Nates, tagether with such amount of ather funds af the Local Issuing Agency as may be necessary, shall be applied, simultaneously with the reeeipt of said proceeds, in accardance with the provisions of the Requisition Agreement. Section 9. The City Treasurer is hereby autharized and directed to send promptly a letter to each payiog agent far the New Projeet Notes in substantially the farm of HUD-9004, which is incorporated herein by reference, and ta trans- mit therewith (a) the New Prajeet Notes far which the addressee is the paying agent for delivery and payment and (b) a sigoature certi- ficate and receipt, in accordance with the terms of said letter, and I to take such other actians as may be required to camplete the deliv- ery transactian in accordance with the terms of the letter to the pay- ing agent. Passed, approved, and adopted this 19th day af January, 1970. Donald R. Meyers Mayor War:er A. Pregler Wayne A. Moldenhauer Gaylard M. Couchman Joseph J. Bitter City Councilmen RESOLUTION NO. 17.70 Authorizing the advertising of bids for the demolition Ind site clearenee of certlin par- cels of rell estate In the Downtown U r b e n Renewal Project, Iowa R.15. WHEREAS, the City of Dubuque under date of July 26, 1967, en- tered into a Loan and Capital Grant Contract with the United States of America providing for financial Assistance ta the City af Dubuque under Title 1 af Housing Act of 1949, as aroended, for the undertaking of the Downtown Ur- ban Renewal Prajeet Iowa R-15; and WHEREAS, the City af Dubuque pursuant ta such contract and to implement the Urban Renewal Plan far the Prajeet Area has ac- quired and is acquiring certain parcels of real estate; and WHEREAS, in order to provide cleared land far redevelopment and far certain public improve- ments: naw therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City Clerk be and he is hereby authorized and directed to publish "Invitation for Bids" for Demolitian Cantract No. 1-70 far the demolition and site clearance af certain parcels of real estate in the Downtown Ur- ban Renewal Praject, lawa R-15, in the form of Exhibit "A" at- tached hereta and made a Part hereof. Passed, and adopted, and ap- proved this 19th day of January, 1970. Danald R. Meyers Mayar Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Interest Premium Rate Purchaser 5.49% $67.00 Principal Amount $3,262,000.00 Bank of America, N. T. & S. A. First National City Bank Continental lllinms Natianal Bank and Trust Company of Chicago, First Bastan Corpora- tion and Mellan National Bank and Trust Campany Section 4. Each Note shall be dated February 10, 1970, shall be pay- able as to bath principal and interest to bearer, an June 5, 1970, and, pursuant ta each praposal for the purchase af said Notes hereinabove accepted, shall bear the rate of interest per annum, payable at maturity; shall bear the numbers and be in the denaminations; and shall be pay- able as ta both principal and interest at the incarporated bank having trust powers or incorporated trust company, as follaws: Purchaser Bank af America, N.T. and S. A., First Natianal City Bank, Continental ll1ioois National Bank and Trust Campany af Chicaga, First Baston Corporation and Mellon Natianal Bank and Trust Company. Numbers Denominations Interest Rate 1 - 17 $100,000 5.49% 18 - 32 50,000 33 - 55 25,000 56 - 71 10,000 72 - 86 5,000 87 - 88 1,000 PeYlble At First Natianal City Bank 111 Wall Street New Yark, New Yark 10015 the name of the Local Issuing Agency by the manual ar facsimile signature of the Mayor of the L0- cal Issuing Agency and shall have the corparate seal of the weal Is- suing Agency impressed, imprinted ar repraduced thereon and attest- ed by the City Clerk, and said of- ficers are hereby authorized and directed to cause the Requisitian Agreement to be properly execut- ed. Section 7. Far the punctual pay- ment of the principal af and in- terest on the New Project Nates, the Local Issuing Agency hereby expressly and irrevacably promises to pay any sums which may be received from the Government pursuant to the Requisitian Agree- ment relating to such series af Project Notes and said Agreement, when exeeuted by the Govern. ment, is hereby declared ta be and is hereby assigned by the Local Issuing Agency far the benefit af the halder ar holders from time ta time af the New Project Nates. All contributions, funds and aroounts authorized ar requir- ed by the Cantract ta be applied to the payment of Praject Loan Notes (referred to in the Con- tract as "Praject Temporary Loan None af such Notes shall be val- id until after the bank or trust campany at which it is payable shall have sigoed the agreement, appearing on each Nate, to act as paying agent thereof. Each such Nate sball be executed in the name af the Local Issuing Agency by tbe manual or facsimile sigoa- ture af the Mayor and City Treas- urer af the Local Issuing Agency and shall have the corparate seal of the Local Issuing Agency im- pressed, imprinted or reproduced therean and attested by the City Clerk, and said officers are hereby autharized and directed to cause said Nates ta be properly exe- cuted. Section 5. Each such Note shall be in substantially the farm of HUD-9010, which is incorporated herein by reference, and shall be secured by an agreement entitled "Requisitian Agreement No.1- 1970" (berein called the "Requisi- tian Agreement"), in substantially the form af HUD-9003, which is incarporated herein by reference, ta be entered inb> between the L0- cal Issuing Agency and the Gov- ernment. Section 6. The Requisition Agreement shall be executed in Attest: Leo F. Frammelt City Clerk Councilman Couchman maved adoptian of the resalution. Sec- anded by Cauncilman Bitter. Car- ried by the fallowing vote: Yeas - Mayar Meyers, Council- men Bitter, Cauclunan, Molden- hauer, Pregler. Nays - Nane. Attest: Leo F. Frommelt City Clerk INVITATION FOR BIDS Demolition Contract No. 1.70 The City af Dubuque, State of Iawa, will receive sealed proposals fur Demalitian of buildings and structures and Site Clearance for the Dawntawn Urban Renewal Pro- jeet, Iowa R-15, until 10 a'clack 32 Special Session, January 19, 1970 A.M., Central Standard Time an February 6, 1970, at the Office af the City Clerk, City Hall, 13th and Iawa,' Dubuque, Iawa, at which time all bids will be publicly apened and read in Council Cham- bers. This praject will consist af approximately 22 major bnildiugs and ather impravements that may in fact exist upan any af the par- cels to be cleared. All imprave- ments are ta be demolished ar dismantled on the site. Contract Documents, including drawings, technical drawings and forms are on file with the Director of Urban Renewal. Copies af the Cantract Docu- ments may be obtained by deposit- ing $10.00 with the Directar of Urban Renewal, Suite 10-B Fischer Building, Dubuque, Iowa, for each set af dacuments sa obtained. Each such deposit will be refunded if the documents are returned in gaod condition within 10 days af- ter bid opening. A certified cheek or bank draft, payable ta the order of the City of Dubuque negotiable U.S. Gav- ernment bonds, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the estimated cost of Demolition and Site Clearance exclusive of any deductions for salvage, shall be submitted with each bid. The successful Bidder will be required to furnish and pay far satisfactory perfarmance and pay- ment bond or bonds. Attention is called ta the fact that not less than he minimum salaries and wages as set forth in the Contract Documents must be paid an this project. aud that the Contractor must ensure that em- playees and applicants for employ- ment are not discriminated against because of their race, creed, colar, or natianal origin. The City af Dubuque reserves the right ta reject any or all Bids ar ta waive any infarmalities in the bidding. Bids may be held by the City of Dubuque for a period nat ta ex- ceed thirty (30) days from the date af the opening af Bids far the pur- pose of reviewing the Bids and in- vestigating the qualifications af the Bidders, prior ta awarding the Cantract. CITY OF DUBUQUE Lea F. Frommelt City Clerk January 21, 1970 Councilman Moldenhauer maved adaptian af the resolution. Sec- anded by Councilman Bitter. Car- ried by the fallowing vote: Yeas - Mayar Meyers, Cauncil- men Bitter, Cauchman, Malden- hauer, Pregler. Nays - Nane. Cammunication of Jaseph R. Sherman, Doris M. Riekena, Iowa Caaches Inc. submitting a praposal ta purchase the Nly 65' of Ely 94' and the Nly 50' af Wly 65' af pal'- eel 1-1 in the Urban Renewal pr<>- ject in the amaunt of $23,400.00, for the purpose of constructing a new bus depot, presented and read. Mayor Meyers moved that the communicatian be received and filed. Secanded by Councilman Couchman. Carried by the fallow- ing vote: Yeas - Mayar Meyers, Council- men Bitter, Cauchman, Molden- hauer, Pregler. Nays - None. Councilman Pregler moved that the rules be suspended in arder to let anyane present address the Council if they sa desire. Secanded by Mayor Meyers. Carried by the fallawing vote: Yeas - Mayar Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - Nane. Mr. Paul Rossiter of Rassiter & Hamm, Architects and Engineers, addressed the Council and sub- mitted a sketch relative to the propased construction af a new bus depot in the Urban Renewal area. Mr. Joseph Sherman stated that the new bus depot would take care af appraximately a 50% in- crease in the handling af bus pas- sengers and freight. RESOLUTION NO. 18-70 Declaring intent to sell a por- tion of the Downtown Urban Renewal Project, Iowa R-IS, to Joseph R. Sherman and Doris M. Riekena, WHEREAS, under date of Aug. ust 4, 1969, the Council af the City Special Session, January 19, 1970 33 of Dubuque appraved and author. Ized the reeeiving af proposals far the sale and redevelapment of cer. tain parcels of real estate in the Downtown Urban Renewal Pro- ject, Iowa R-15; and WHEREAS, in response 00 such offering a propasal for the pur- chase and redevelapment of a por- tion of the prajeet land was re- ceived from Jaseph R. Sherman and Doris M. Riekena; and WHEREAS, pursuant to Chapter 403 of the 1966 Code of ¡'¡wa, as amended, and certain regulations nf the Department af Hauslng and Urban Develapment, certain dac~ ments must be made available for public inspection and a public hearing conducted; now therefare BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SectIon I. That the City af Du- buque hereby deelares its intent, after a public hearing, to dispase of the Northerly 65 feet of the Easterly 94 feet and the Northerly 50 feet of the Westerly 65 feet of Parcell of Black 1 10 the Down- 'I town Urban Renewal Project, Iawa Jt.15, ta Joseph R. Sherman and Daris M. Riekena in accord- ance with the tel'lDS af the Dis- position Dacuments governing such on file in the office af the Department of Urban Renewal Section 2. That the City Clerk be and is hereby autharlzed and di. rected ta publish notice af public hearing ta be held on March 2, 1970, and to make certain dacu- ments available for public inspect- wn. Such natlce shall be substant- ielly in the farm of Exhibit "A" attached hereto and made a part hereof. Passed, approved, and adopted this 19th day af January, 1970. Donald R. Meyers Mayar Walter A. Pregler Wayne A. Moldenhauer Gaylard M. Cauchman Joseph J. Bitter Cauncilmen Attest: Lea F. Frommelt City Clerk exhibit "A" Legal Noti.. of Hearing Pursuant to Chapter 403 of the 1986 Code of Iowa, as amended, the City Council af the City of Dubuque will hald a public hear- ing for the purpose af considering the authorization af the executian af propased agreements by and be- tween the City af Dubuque and the developers hereinafter listed for the purchase and redevalpment af certain parcels of real estate 1<>- cated in the Downtawn Urban Re- newal Project, Iowa Jt.15, which project includes the area bounded by Faurth Street an the South, Central Avenue an the east, N'mth Street on the Narth, and Locust Street an the west. Na.... and Addre_s of Developers Joseph R. Sherman, 233 Wiscon- sin Ave., East Dubuque, Dlinois. Doris M. Riekena, 628 Clarke Drive, Dubuque, Iowa. Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 P.M. on the 2nd day af March, 1970, and any person ar arganization desiring to be heard will be given an oPPOrtunIty to be heard on the questian of the pr<>- posed dispositians. A "Redeveloper's Statement far Public Disclosure" 10 the farm prescribed by the Department of Hausiog and Urban Development and the prapased "Dispositian Agreement" far each af said de- velopers are on file and available for inspection at the affice af the City Clerk, City Hall, Dubuque, lawa between 8:00 A.M. and 5:00 P.M. except Saturdays, Sundays, and halidays- Said dacuments shall also be available at the time af the public hearing. Leo F. Frommelt City Clerk Cauncilman Meyers maved adop- tion of the resolution. Seeonded by Cauncilman Couchman. Carried by the foUawing vote: Yeas - Mayor Meyers, Cauncil. men Bitter, Cauchman, Molden- hauer, Pregler. Nays - Nane. January 16, 1970 To the Honorable Mayar . and City Cauncil Gentlemen: I hereby submit the attached sheets Na. 1 and 2 inclusive shaw. ing a schedule of the proposed 34 Special Session, January 19, 1970 ~=c':fo~n~r"~:':~""ts i-~rK:' I nedy Raad Sanitary Sewer from Spring Valley Raad to 32nd Street - west side. Respectfully submitted, John L. White City Engineer Councilman Pregler moved that the cammunication be received and filed. Seconded by Mayor Mey- ers. Carried by the fallowing vate: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Malden- hauer, Pregler. Nays - Nane. RESOLUTION NO. 19.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE cITY OF DUBUQUE, IOWA: Section 1. That the attached sheet Na. 1 and 2 inclusive hereby determined ta be the schedule af proposed assessments fur the John F. Kennedy Raad Sanitary Sewer from Sping Va!ley Road to 32nd Street - west side. Passed, adopted and approved this 19th day af January, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Jaseph J. Bitter Cauncilmen Attest: Leo F. Frommelt City Clerk Ma:¡or Meyers moved adaptian af the resalution. Secanded by Cauncilman Bitter. Carried by the fallowing vote: Yeas - Mayar Meyers, Council- men Bitter, Couchman, Malden- hauer, Pregler. Nays - Nane. RESOLUTION NO. 20-70 Preliminary Estimate and ap- proval af praposed plans, specifi- catians, furm af contract, including all items of material and work re- quired ta construct the John F. Kennedy Raad Sanitary Sewer from Spring Valley Road ta 32nd Street - west side, at an estimat- ed cast of $11,958.40, presente<l and read. Mayar Meyers maved adaptian af the resoluticn. Seconded by Cauncilman Bitter. Carried by the fa!lowing vote: Yeas - Mayor Meyers, Council. men Bitter, Cauchman, Molden- hauer, Pregler. Nays - Nane. (Necessity for Improvemont) RESOLUTION NO. 21-70 WHEREAS, proposed plans, spe- cifications, farm af oontract, plat and schedule have been duly pre- pared and approved by the City Council af the City af Dubuque and are now an file in the office af the City Clerk shawing am<>Di ather things the fo!lowing: 1. The size and kind af sewers. 2. Each lot proposed ro be assessed rogether with a valuation fixed by the council. 3. An estimate af the cast af the proposed impravement, stating the same for each different type of constructian and kind of material ta be used. 4. In each case the amount thereaf which is estimated to be assessed against each lot, for the construct- ion af the Jahn F. Kennedy Road Sanitary Sewer from Spring Valley Road ta 32nd Street - west side. BE IT THEREFORE RESOLVED that the City Cauncil on its awn motian or upon petitian of proper- ty awners, deems it advisable and necessary for the public welfare to make the herein mentioned im. provement, and unless property awners at the time af the final consideration af this proposed re- rolution have on file with the City Clerk abjectians to the amount af the proposed assessments, they sha!l be deemed to have waived all objeetians thereto. Said improvement shall be eon. structed and dane in accardanee with the plans and specifications which have been prepared there- far by the City Engineer which have been approved by the City Council and are now an file with the City Clerk. That the cost and expense af making said imprave- ment wi!l be assessed upon and against all privately awned pro- perty lying within assessable dis- tance pravided by law and in an amaunt not to exceed the amount provided by law, property will be assessed whether the same abuts there<>n ar is adjacent thereto ac- cording ta area and in proportian ta the special henefits conferred thereby, and any deficiency shall be paid aut of the sewer funds. Special Session, January 19, 1970 35 Sewer bonds shall be issued in an- ticipation of deferred payments af assessments when a cantract has been performed and accepted and the proceeds thereof used to pay the -rontractar. The railway por- öc>n af any street ar assessment district shall be assessed to and paid by the railway company. 'The" abave resolution was intro- dnced, appraved, and ordered plac- ed òn file with the City Clerk this 19th day af January, 1970. Appraved and placed an file for final actian. Approved: Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Jaseph J. Bitter Councilmen Attest: Lea F. Frommelt City Clerk Mayor Meyers maved approval of the resolutian- Seconded by Councilman Couchman. Carried by the follawing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. (Fixing date of hearing) RESOLUTION NO. 22.70 WHEBEAS, the City Cauncil af the City af Dubuque, Iawa, has by Resolution Na. 20-70 given its pre- liminary approval an the propased plans, speeifications and farm of cantract and placed same an file in the office af the City Clerk for public inspections, far the Can- struction af the John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Street west side. and, WHEREAS, the propased Resa- lution af Necessity for said im- provement has been introduced and is now an file in the City Clerk's affice for public inspection, BE IT THEREFORE RESOLVED that an the 2nd day af March 1970, a public hearing will be held at 7:30 o'clack P.M. C.S.T. in the Council Chamber in the City of Dubuque at which time the awners af property subject to assessment far the prapased improvement may appear and make objectian ta the propased plans and specifications and praposed farm of contract and at the same time to the baund. aries of the proposed district, to the cast af the impravement, to the amount prapased to be assessed against any lot and to the passage af the proposed Resolutian of Ne- cessity and the City Clerk be and he is hereby directed ta cause a notice of the time and place of such hearing ta be published in same newspaper in the city af Du- buque, the last af which shall be nat less than two (2) nor more than (4) weeks priar to the day flX- ed for its consideration and unless property owners at the time of final consideratian af said resolu- tion have an file with the Clerk ob- jections ta the amaunt of the pro- pased assessment, they shall have been deemed ta have waived all abjectians thereta, at which hear- ing the Cauncil will hear such ab- jections and enter on recard its final decisian therean. Passed, adopted and appraved this 19th day af January, 1970. Donald M. Meyers Mayar Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Cauchman Jaseph J. Bitter Cauncilmen Attest: Leo F. Frommelt, City Clerk Cauncilman Maldenhauer mav- ed adoptian of the resolutian. Sec- anded by Mayor Meyers. Carried by the following vote: Yeas - Mayar Meyers, Cauncil. men Bitter, Couchman, Malden- hauer, Pregler. Nays - Nane. RESOLUTION NO. 23-70 WHEREAS, the MAYOR'S IN- DUSTRiAL COMMlTTEE, compas- ed af Walter A. Pregler, Mayor, Vincent Kaiser, Chairman af Dock Board, and Rabert E. Darathy, Manager of Dubuque Industrial Bureau, have recommended to the City Council af Dubuque, Iowa, that the application ta exercise an aption ta purchase certain real es- tate by The Eska Company af Du- buque, Iowa, for the expansion af the Eska plant in the City af Du. buque, Iawa, be granted, and WHEREAS, the City Council af Dubuque, Iawa has examined said applicatian and said recommenda- 36 Special Session, January 19, 1970 tian by the MAYOR'S INDUS- I TRIAL coMM1Tl'EE and find that the sale af said real estate should be appraved, and WHEREAS, said real estate saught ta be purchased by Tbe Eska Campany af Dubuque, lawa is described and knawn as: Lot 3 af Lat 1 af Black 5, River- front Subdivisian Na. 3 in the City of Dubuque, Iowa, subject ta easements of recard. NOW THEBEFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, I IOWA: Section 1. That the applicatian af The Eska Campany of Dubuque, Iowa to exercise its aptian to pur- chase a parcel of real estate in the City of Dubuque, Iowa, which real estate is described and known as fallaws: Lot 3 af Lot 1 af Block 5, Riv- erfront Subdivision No.3 in the City af Dubuque, Iawa, subject to easements of recard, be and the same is hereby approv- ed upon the fallowing terms and canditions: A. That said real estate be sold ta The Eska Company af Du- I buque, Iowa for its expansian proportianate to its present fac- ilities. B. That the sale price far said real estate shall be in the amaunt af $5,000 per acre ar a tatal pur- chase price af $17,350.00. C. That The Eska Campany final- ize its negatiations with the Du- buque Industrial Development Carparatian to purchase land and buildings lacated in Blacks 5 and 6 af Riverfrant Subdivi- sian No.3. D. That said land be used by The Eska Company for its expansion I proproitianate to its present fa- cilities within ane (1) year of adaptian and passage of this Resalutian and shall be eam. pleted within twa (2) years of date af adaptian and passage af this Resolution and upan fail- ure sa ta da by the purchaser, The Eska Campany af Dubu- buq"., Iowa, said real estate shall autamatically revert ta the City af Dubuque, lawa, and pur- chase price, less damages, shall be refunded to the purchaser. E. That the construction af all buildings, yards, parking lats and fences shall be constructed in canformance with existing City Cades. Section 2. That the City Clerk be and he is hereby autharized and di. rected ta publish notice of intent to dispase af interest 10 real estate as is by law required. Passed, approved and adopted this 19th day af January, 1970. Donald R. Meyer Mayar Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Cauehman Joseph J. Bitter Cauncilmen Attest: Leo F. Frammelt, City Clerk Mayar Meyers moved adoption of the resolutian. Seconded by Caun- cilman Pregler. Carried by the fol- lowing vate: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. There being no further business Councilman Pregler maved to ad- journ. Secanded by Caunciiman Bitter. Carried by the fallowing vate: Yeas - Mayor Meyers, Canncil- men Bitter, Couchman, Maldenhau- er, Pregler. Nays - Nane. Leo F. Frommelt, City Clerk. Approved ....................................1970. Adapted ......................................19'70. ............................................"............ .......................................................... Councilmen Atte~¡tY"ëi~~k"""""""""""""""""'" Regular Session, February 2, 1970 31 CITY COUNCIL OFFICIAL Regular Session, February 2, 1970. Council met et 7:30 P.M. (Cen. trol Stondard Time). present-Mayor Meyers, Coun. dlmen BItter, Couchman, Molden. hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayar Meyers read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEErING of the City Cauncil called for the purpase of acting upon such busi. ness as may properly come befare the meeting. January 22, 1970 Ta the Hanorable Mayar and City Caunci! Gentlemen: You referred to the city manag- er a petitian dated December 4th by the Eisenhawer PTA requesting that the city install a street light near the driveway leading into the Eisenhawer Schaol off Spring Val- ley Raad. The city electrical iospector in- vestigated the area and bas report- ed that a 175 watt light an a 14' standard is in place at the north- west corner of the intersection af Spring Valley Raad and Old Coun- try Lane. This lacation is directly across the street from the schoal driveway. The lighting in this area is un- derground wiring. It is part af the approved plan for lighting Sylvan Road and has been installed by the subdivider. The lighting system has not been extended easterly of the school drive since this sectian of the subdivisian has not yet been develaped. The electrical inspector also noted that there was na lighting on the school grounds. It is re- ported by the city inspectar that the street lighting installation is correct for street purpases and that the lighting requested should be accomplished by area lighting af the school graunds. I recommend that the petition be denied and I have written and infarmed the petitioner of my rec- ommendation. Respectfully, Gilbert D. Chavenelle City Manager Mayar Meyers maved approval of the recommendation. Seconded by Councilman Cauchman. carried by the follawing vate: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-Nane. January 19, 1970 Ta the Hanarable Mayor and City Council Gentlemen: I herewith submit the reparts af the City Auditar, City Treasur- er, and the Water Department far the month of December 1969. Alsa a list of claims for which warrants were drawn. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Secanded by Mayor Meyers. Car- ried by tbe follawing vote: Yeas-Mayar Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-Nane. Proaf of Publication, certified to by the Publisher, af Statement of Receipts and a list af claims for which warrants were issued during December 1969, presented and read. Cauncilman Pregler maved that the praof af publication be received and filed. Seconded by Cauncilman Couchman. Carried by the fallawing vote: Yeas - Mayar Meyers, Cauncil- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-Nane. January 28, 1970 Ta the Honarable Mayor and City Council, Dubuque, Iowa Gentlemen: This is ta advise that I have ap- praved the following palicies and desire ta have yaur appraval on same.