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1970 February Council Proceedings 36 Special Session, January 19, 1970 tion by the MAYOR'S INDUs. TRIAL COMMITl'EE and find that the sale of said real estate should be approved, and WHEREAS, said real estate sought to . be purchased by The Eska Company of Dubuque, Iowa is described and known as: Lot 3 of Lot 1 of Block 5, River- front Subdivision No.3 in the City of Dubuque, Iowa, subject to easements of record. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNClL OF THE CITY OF DUBUQUE, IOWA: Section I. That the application of The Eska Company of Dubuque, Iowa to exercise its option to pur- chase a parcel of real estate in the City of Dubuque, Iowa, which real estate is described and known as follows: Lot 3 of Lot 1 of Block 5, Riv- erfront Subdivision No.3 in the City of Dubuqne, Iowa, subject to easements of record, be and the same is hereby approv- ed upon the following terms and conditions: A. That said real estate be sold to The Eska Company of Du- buque, Iowa for its expansion proportionate to its present fac- ilities. B. That the sale price for said real estate shall be in the amount of $5,000 per acre or a total pur- chase price of $17,350.00. C. That The Eska Company final- I ize its negotiations with the Du- buque Industrial Development Corporation to purchase land and buildings located in Blocks 5 and 6 of Riverfront Subdivi- sion No.3. D. That said land be used by The Eska Company for its expansion proproitionate to its present fa- cilities within one (1) year of adoption and passage of this Resolution and shall be com- pleted within two (2) years of date of adoption and passage of this Resolution and upon fail- ure so to do by the purchaser, The Eska Company of Dubu- buq',~, Iowa, said real estate shall automatically revert to the City of Dubuque, Iowa, and pur- chase price, less damages, shall be refunded to the purchaser. E. That the construction of all bnlldings, yards, parking lots and fences shall be constructed in conformance with existing City Codes. Section 2. That the City Clerk be and he is hereby authorized and dI. rected to publish notice of intent to dispose of interest in real estate as is by law reqnired. Passed, approved and adopted this 19th day of January, 1970. Donald R. Meyer Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. There being no further business Conncilman Pregler moved to ad- journ. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau. er, Pregler. Nays-None. Leo F. Frommelt, City Clerk. Approved ....................................1970. Adopted ......................................19'10. .......................................................... Councilmen Attest: .................................................. City Clerk Regular Session, February 2, 1970 37 CITY COUNCIL OFFICIAL Reguler Session, February 2, 1970. Council met et 7:30 P.M. (Cen. tral Standard Time). prasenI'-Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. City Manager GiI- borf D. Chavene"e. Mayor Meyers read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such busi- ness as may properly come before the meeting. January 22, 1970 To the Honorable Mayor and City Council Gentlemen: You referred to the city manag- er a petition dated December 4th by the Eisenhower PTA reqnesting that the city install a street light near the driveway leading into the Eisenhower School off Spring Val- ley Road. The city electrical inspector in- vestigated the area and has report- ed that a 175 watt light on a 14' standard is in place at the north- west corner of the intersection of Spring Valley Road and Old Coun- try Lane. This location is directly across the street from the school driveway. The lighting in this area is un- derground wiring. It is part of the approved plan for lighting Sylvan Road and has been installed by the suhdivider. The lighting system has not been extended easterly of the school drive since this section of the snbdivision has not yet been developed. The electrical inspector also noted that there was no lighting on the school gronnds. It is re- ported by the city inspector that the street lighting installation is correct for street purposes and that the lighting requested should be accomplished by area lighting of the school grounds. I recommend that the petition be denied and I have written and informed the petitioner of my rec- ommendation. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the recommendation. Seconded by Councilman Couchman. Carried by the fallowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. January 19, 1970 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasur. er, and the Water Department for the month of December 1969. Also 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. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to hy the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during December 1969, presented and read. Councilman Pregler moved that the proof of publication he received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau. er, Pregler. Nays-None. January 28, 1970 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following policies and desire to have your approval on same. 38 Regular Sessîon, February 2, 1970 COMPREHENSIVE LIABILITY Conlon Building Co. & Conlon Con- struction Co., Northwestern Na- tional Insurance Co. Richard J. Schiltz, d/b/a, Schiltz and Sons Canst. Co., Hartford Accident & Indemnity Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that ;he policies be filed subject to ap- proval of the City Attorney. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. January 30, 1970 To the Honorable Mayor and City Council Subject: Proposed Water Works Improvements Gentlemen: Plans have been prepared for water works improvements de- scribed in the attached letter from Henningson, Durham & Richard- son, Inc.-Cullen-Schiltz & Associ- ates. The engineers will present the plans at Council meeting. The proposed program is a part of the five-year capital improve- ment schedule considered by the Council in October 1968. I am en- closing a copy of this schedule. I plan to finance the proposed construction with Water Depart- ment funds and federal assistance. Water Department funds are avail- able for our portion of the cost. I request your permission to make application to the Federal Govern- ment for assistance funds. Please note the time schedule on page two of the HDR letter. The project will be submitted to the Council for formal approval in May. Consequently, the only Coun- cil action necessary at this time is granting permission to apply for federal assistance. I am also enclosing a letter from Water Superintendent J. J. Hail recommending the improvements. I concur in this recommendation. Respectfnlly, Gilbert D. Chavenelle City Manager Council Pregler moved approval of the recommendation and that the rules be suspended in order to let anyone present address the Council on the subject. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mr. Tom Ombruni of H.D.R. and John Kilby of Cullen Schiltz Ass0- ciates submitted a complete layout of the proposed Waterworks ex- tensions covering the next five years. RESOLUTION NO. 24-70 Resolution authorizing the City Manager the authority to file application to the Federal Gov. ernment for Assistance Funds for Water Works Improvements. WHEREAS, the City Manager has been informed under the Housing and Urban Development Act of 1965, the administration of the Housing and Home Finance Agency is authorized to make grsnts to local public bodies up to 50%. of the construction cost of Water Works Improvements. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNClL OF THE CITY OF DUBUQUE, IOWA, that tbe City Manager, Gil. bert D. Chavenelle, of the City of Dubuque, Iowa, be and he is here- application to the Housing and Home Finance Agency for Assist- ance Funds for the City of Dubuque Water Works Improvements. Passed, adopted and approved this 2nd day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Couchman. carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Regular Session, February 2, 1970 39 January 26, 1970 Honorable Mayor, City Council and City Manager. Gentlemen: SUbmitted herewith is the 1969 Annnal Fiscal Report for the City of Dubuque, Iowa, beginning Jan- ....,. 1, 1969 through December 31, 1169. Sincerely yours, A. G. Heitzman City Auditor. Councilman Pregler moved that the report be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. January 29, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- Ing on a proposal to reclassify from Mnltiple Residence to Local Busi. ,,"ss "'B" property described as Lot 1 of 1 Byrnes Subdivision; Lot 2 of 1 of Lots 24 and 25 in Bonson and Steward Subdivision; Lot 2 of ~ of Byrnes Subdivision; Lot 2 of 1 of 2 of Byrnes Subdivision; Lot 1 of 1 of 2 of Byrnes Subdivision; end Lots 1, 2, 3, 4, and 5 of Byrnes Subdivision No.2., all in the City of Dubuque. At the public hearing, two of the property owners were present to speak in opposition to the proposal. This property is located south of Dodge Street and west of Bry- ant Street. and is occupied by several residential structures at the present time. The property directly west is classified Local Business "A"; the property across the street to the north is classified Local Business "B"; the property across Bryant Street is classified Local Business "B" and the property directly south ia classified Two Family. It was the opnion of the Com- mission that because of the zoning 8Dd land use around this property and because of its proximity to Dodge Street, that the most ap- propriate use would be for com- ....eial establishments. rt is tbe recommendation of the Planmng and Zoning Commission that the property described ab<we be reclassified from Mnltiple Resi- dence to Local Business "B". Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation and the communication be referred to the City Attorney for proper pro- ceedings. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Counei1- man Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of Claim of Mrs. Vincent Rettenmaier, in an undetermined amount, for personal injuries re- ceived in a fall on a defective side- walk in front of Xavier Hospital on Davis Avenue on January 7, 1970, presented and read. Mayor Meyers moved that the claim be re- ferred to the City Solicitor for investigation and report. Seconded by CounciJman Moldenhauer. car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - NoDe. Notice of Claim of Margaret Mulert, in an undetermined amount, for personal injuries re- ceived in a fall on an icy sidewalk at 1504 Iowa Street, on January 17, 1970. Mayor Meyers moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Mo1den- hauer, Pregler. Nays - None. Notice of Claim of Delores L. Lyons, in an undetermined amount, for personal injuries received in a fall on an icy sidewalk at 217 E. 22od Street on January 5, 1970, presented and read. Mayor Meyers moved that the claim be referred to the City Solicitor for investiga.- tion and report. Seconded by Coun- cilman Moldenhauer. Carried by tbe following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, MoldeD- hauer, Pregler. Nays-None. They also rent a basement room to four people. The basement room is above ground level. The tenants are generally Loras College stud- ents. The owners claim that they have made a substantial investment which is supported by rent. Marvin Nielsen's residence is at 1284 West 5th, next door to the rooming house. Over a period of six months Mr. and Mrs. Nielsen have complained of the situation on the grounds that the roomers were noisy, that the tenants were cooking in their rooms, and es- pecially that the automobiles of the tenants and their guests occupied all of the street parking area. The Nielsens have contacted the police, the building department, the city manager and councilmen. City representatives have patrolled the area, contacted the Loras College dean of students, interviewed the Nielsens, inspected the rooming house, talked with the owner and student tenants. No ordinance vio- lation was found sufficient for act- ion. No proposed solution was sa- tisfactory to the parties concerned. The proposed ordinance stems from this situation. 41 40 Regular Session, February 2, 1970 Notice of Suit of Paul Tressel, in the amount of $300. for car damage as the resnlt of a fallen tree limb from a Dutch elm dis- eased tree while his car was parked at 451 W. 16th Street on October 9, 1969 presented and read. Mayor Meyers moved that the notice of suit be referred to the City Soli- citor for investigation and report. Seconded by Councilman Molden- hauer. Carried by tbe following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to amend Zoning Ordi- nance No. 3-34 by repealing Sub- Section (M) of Section 1 of Article IT thereof and by enacting a new Sub-section (M) of Section 1 of Article IT in lieu thereof under Single Family Dwelling use regu- lation, presented and read. Coun- cilman Pregler moved that the proof of publication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. January 26, 1970 To the Honorable Mayor and City Council Sub¡act: Proposed Amendment to Zoning Ordinance to limit, in Single Family and Two Family Residence Districts the renting of one or two rooms in private resi- dences to not more than one or two adnlt guests. Gentlemen: 1 THE SITUATION The amendment was considered at Council meeting on January 5th and a puhlic hearing will be held on February 2nd. Marvin Nielsen may be present to speak in support of the amendment. Constance E. Supple, or her renresentative, may oppose the amendment. Constance Supple and her sister have operated a rooming house for a number of years at 1270 West 5th. This family of two rents a second story room to four people. Regular Session, February 2, 1970 m. AMENDING ORDINANCE DIFFICULTIES A. Since the word "adult" is not defined and could be interpreted as permitting any number of non- adult guests, it is suggested that "adult" be stricken from the amendment. B. The rooming house owner has been informed, that if the amendment is passed, the limita- tion of two roomers will apply with a change of student guests possibly at the end of the current college semester. It is possible, however, that it may be interpret- ed as a nonconforming use and the operation continued in spite of changing student guests. C. Finally, the definition of "family" may permit a situation where a grOUp of say eight stu- dents could rent a single family I residence, in a single family dis- trict and occupy the building in spite of the amendment restriction. IV. EFFECT OF AMENDMENT ON DUBUQUE PROPERTY HOLD- ERS AND COLLEGES The amendment will effect the owners of 1270 West 5th. I have no knowledge of other similar sit- uations nor any data to enumerate them. There is a possibility that there are a few others. The Building Department staff has contacted the University of :~~:¡~ee:t~es~~~o~o~i~f~ot ~~~ I jectionably effect the off campus housing of these schools. V. JUSTIFICATION It is intended by zoning restric- tion of single and two family resi- dence districts to provide mini- mum standards for average single and two family occupancy. The appropriate amount of land requir. ed for building and yard. The available space for parking auto- mobiles. Zoning restriction insures these minimums by grouping sim- ilar buildings with similar needs. Single family buildings in single residence districts, two family buildings in two family districts. Other standards are set to meet I the needs of other building grOUp- ings, or where there is an intended mixture of types standards are de- sigued so that this situation will work. IT. THE LAW AND THE PRO- POSED AMENDMENT It is proposed to change the zon- ing ordinance so that only two adult roomers be permitted in a family residence in single and two family residence zoning district. The proposal does not affect mnl- tiple family district regulation. The present ordinance permits in a dwelling occupied as a family residence one or more rooms rent- ed or table board furnished up to four rooms or eight adult guests. Lodging, Boarding Houses and Tourist Homes are permitted in Multiple Residence Districts.. Fur- ther, "family" is defined as "any numher of individuals living to- gether as a single housekeeping unit and using certain rooms as housekeeping facilities in common". The word "adnlt" is not defined. The present Housing Code regu- lates rooming houses of three or more guests as to conditions such as space, toilet facilities, light and exits, but does not control the num- ber of roomers. It does not accomp- lish the purpose of the proposed amendment. Whenever an occupancy of more intensive and unanticipated use is permitted in a district, the area design doesn't work as it should. In the case on West 5th six or more cars must be moved and parked instead of two. Noise nuisance of eight roomers is most likely greater than made by an average family. The outdoor ac- tivity of eight students probably exceeds that of an equal numbered family unit. Under these condi- tions the market value of a family area tends to become less than it should be. On this basis, restricting the number of roomers in single and two family districts is worthwhile. VI. RECOMMENDATION I recommend that the word "adult" be stricken from the pro- posed amendment and that it then be favorably considered. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the fallowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Robert J. O'Brien re- questing denial of the recommen- dation of the Planning & Zoning Commission to limit the use of private property in order that cer- tain traffic conditions be alleviat- ed, more particularly the West Fifth Street area, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Attorney Tom Schrup presented a petition signed by residents of the West 5th Street area in opposi- tion to the amendment of Section (M) of the Zoning Ordinance due to the unfair restrictiveness on Du- buque residents and uncertain le- gal application. Attorney Schrup addressed the Council in behalf of i2 Regular Session, February 2, 1970 the petitioners. Mr. Robert Lake- man of 1244 W. 5th Street spoke well of the roomers at 1270 West Fifth Street and in his opinion were very helpful in keeping the I property in shape. Mr. Marvin Nielsen of 1284 W. 5th Street ob- jected to the inconvenience and nuisance caused by the roomers in the area. After considerable discussion Mayor Meyers moved that the rules be reimposed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Couchman moved that the word "adult" be stricken from Ordinance No. 2-70 before Final Adoption upon recommenda- tion of the City Attorney that the word Adult be stricken and the Ordinance puhlished. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 2-70 An Ordinance Amending Ordi. nance No. 3-34 known as the "Zoning Ordinance of the City of Dubuque, Iowa, by repealing Subsection (M) of Section I of Article II thereof and by enact- ing a new Subsection (M) of Sec- tion I of Arficle II in lieu there- of to permit renting of one or two rooms in a private residance to not more than two guests, said Ordinance having been prev- iously presented and read at the Council meeting of January 5, 1970, presented for final adoption. ORDINANCE NO. 2-70 RDINANCE AMENOIN - -.. KNOWN NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA' Sodlon . 3-'" of the b he...by omend y "me """,on 1M) ot Sodion 1 ot Ac \I "'...... .nd by en",ting . new ,"b,ee- tionIM)ofSodt"",ofArtlcJeUlnll.. the"of " "IIow" "Sodlon ,. USE REGULATIONS. No b""dlng °' ."",1'" ,hall be "oed .nd no b""ding or ","ct"" ...11 be orected 0.- alJe,ed to be ..... In whoJe 0.- in .art, "nle" othorwi,. ."vided to< in thl' o.-dlnance. except to, ... fotloW- Ino ,",p",e" IA) SIngle family dwelling. (B) Ed"callonal ""01'" 0' ...11- th".Ic "e, excl"dlng """..... . "'eoe or co,...ctton.' (C) in orea at the en"ònce to . ","r": or ,'mil" In,"'""on. (L) Hoo.ital" "nlt","m" and .."". fo.- mo" thon t",ee (3) moto' YO- hicl.., 0.- . .,Iv.t. ...ooe on a ,e.."te the""", .,emi'..- """" WIi'ch. ",ch ..... .ooed st"ct",e 'S " be establl"" ed is med wIth to. Boa'" <If Ad- ",tment a" a_DYed bY It. 1M) B...de" 0' Rooms. 'n a OWetlin. DCc,"led os a .,Ivate ...Idence °'" or two 'DOm. may be ...... " not mo.-e than two ....... Passed, a..,oved and ado.Ied this 2nd day of Foo"m, "'0. DONALD R. MEYERS "IV'" a W H .è""nCilman ATTEST, Leo F. F"""melt CItY Cle'" H:,~~¡'S~::'ws~~~~~'::;ist~th ";,~y T:f"= aNI"'. LEO F. FROMME<-T 11. 2/S CitY Clor. Regular Session, February 2, 1970 43 Councilman Couchman moved final adoption of the Ordinance as aniended. Seconded hy Council- man Pregler. Carried by the fol- lowin& vote: Yeas--Mayor Meyers, Council- man Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of public bearing on a proposed Or- dinance Prohibiting the Building Commissioner of the City from is- suing a building permit to owners of real estate for which action has been initiated for the purpose of securing a zoning application, pre- sented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Mayor Meyers moved that the proof of publication be received man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 3.70 An Ordinance prohibiting Is. suence of Building Permit to _....r or owners of Real Proper- ty which Is being Rezoned, said Ordinance having been previously presented and read at the Council meeting of January 5, 1970, pre- sented for final adoption. OROINANCE NO. 3-70 AN ORDINANCE PROHIBITING ISSU- ANCE OF eUfLDING PERMIT TO DWNER OR OWNERS OF REAL PROP- ERTY WHICH IS BE(NG REZONED. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, That fhe B""dl.. Commi"ionor of the CItY of D"b","e, Iowa be aod is hmby ."hiblted f"m "",Ing a b"lIdlng .e<- mlt fo the ownor or own... of "ai "OPe,tY fo' which acllon h" been Ini- tiated for the '"'POse of 'ec",ing a ..n- log 'eel..s"',,"oo. The ""'od of ,"ch ."hiblllon ,hall extend f,om the date of the offici" act of the Planning and Zoning Comml"'on calli", to, a .,bnc hmlng on said ..nlng ,eela""i,,"on '" to end in,i"di"" <he date of flnel ec- ti...oftheCitYC"n,lIoftheCleyof D"b"""e, Iowa "POn ,",h "nlng '0- "ass"'"lIon. POSH'" e.."ved aod ado.fed this 2nd day of Feb"a". )969. DONALD R. MEYERS Mayor WALTER A. PREGLER WAYNE A. MOLDENHAUER GAYLORD M. COUCHMAN JOSEPH J. BITTER C"ncllmen ATTEST, Leo F. F'ammell City CI.,. P"bllsh'" omcialy in The Tel"",... Hmld New,.e.., thIs 6th day of Febr"- ory 1970. LEO F. FROMMELT It. 2/' CItY CI.,.. Mayor Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. CORRECTED 10FFICIAL PUBLICATION) ORDINAN AN 0- SUo '1'0 P Meyor Walter A. Freeler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Counelbnan ATTEST, Leo F. Frommelt City Clerk Puh'lsh-d officiaUy in the Tetegraph- Herald Newspaper thla 15th day of May. 1970. Leo F. Frommelt CIty Clerk I t. 5-IS Proof of Publication, certified to by the Publisher, of Notice of Pub. lic Hearing to amend the current budget as adopted on September 9, 1969, by increasing expenditures in various functional funds, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Coun- cilman Pregler moved that the proof of publication be received and filed. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. 44 Regular Session, February 2, 1970 a,a h...bv allocal" and app,op,'a'" fo, pav Of noc"'SN ..pendltu", of Cltv In "'. followl"" amo,n" and fo, ,e- a"" so, fo"'" .nd "'e ao- p"p,'atlon, and 0' f,nd. are h".bv a,lho,!'" FUNO AMOUNT Gen...' F,nd ORDiNANCE NO. 4-70 \ AN ORDINANCE AMENDING THE BUDGET AS APPROVED BY ORDINANCE NO. 1-70, said Ordi- nance having been previously pre- sented and read at the Council meeting of January 19, 1970, pre- sented for final adoption. ORDINANCE No. 4-10 , b,dg.1 a' -10. Co,",11 of OETAILS T NO STREET FUND S,...., C""","'on Land"aplng-5lh St"., S,gnalo-Dodge al B'..nl G...gO DovelOpm.nt Coo, Lock"o-20 T,affie Sign. apd Ma""'ng. woe' Sign' u,"n Ronowa' P""oc' B" ,",II", TOTAL-STREET FUND STREET ROAD USE TAX FUND S..... Con,',uell.. T,an,po",atlon Planning H,ghwaV En"anm - I Inma... ApP"'" SMOO.OO ""'.00 5.000.00 9."°.00 MOO.OO 500.00 233.00 9.000.00 1,200.00 4.000.00 IS.OIS.OO S,SIO.00 14.315.00 1,200.00 71.5".00 1.'SO.00 "",520.00 3.700.00 lM".OO 29.165.00 71,510.00 32,900.00 1.000.00 4,295.00 200.00 9~1O.00 2.SOD.00 737.00 358.00 "°.00 eo.OO 3.000.00 800.00 7,310.00 1.000.00 2,300.00 """.00 2,000.00 1,065.00 25.000.00 3,000.00 22A20.00 M".OO Fund Total 13,SOI.00 26,453.00 1331,212.00 3"".00 30,675.00 .......00 "'233.00 Regul",,' Session, February 2, 1970 45 UTILITY-STREET & TRAFFIC LIGHTING FUND strao' & T,aHle LIShling Ma",'a' and S,ppll.. 1.955.00 -- -'gnal. S,gn FK. P.....", and Lom' ,,: 00 LIGHTING FUND 43,200.00 2AOO.00 200.00 300.00 SOD.OO 200.00 SOD.OO 3,SOD.00 1.090.00 ..'o,nd & Roc".tlon EquIp. ECREATION GENERAL FUND :,!'LF COURSE FUND pen" en " Line r.,',\'EATION GOLF COURSE PUND RECREATION-PARK FUND Flo'a Pa,k-B'aek'op Skating M.a Jellenon Pa'" Blaekloo TOTAL-RECREATION-PARK PUND TOTAL APPROPRIATIONS INCREASE 8.890.00 RE 200.00 'SO.OO 1,200.00 2.500.00 1.500.00 ""'.00 8,0130.00 820.00 9,2S0.00 5537,158.00 Passad. adop'" and app,~" "". 2nd dav of Febnla.,., 1970. R. Mo.... ATTEST, Loo F. F.....melt CITY CLERK Publl"'" offle'allv In Tho Tel..,a_mld New....., "". "" dav 0' Fob"an>, 19711. Loo F. F,omme" Cltv Cle"'. 1t.2/' men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 5.70 AN ORDINANCE AUTHORIZING BEHR'S INC. 1491 MAIN STREET TO CONSTRUCT CANOPIES OVER THE PUBLIC SIDEWALK, present- ed and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. January 20, 1970 To The Honorable Mayor and City Council Gentlemen: Attached hereto is an Ordinance permitting the installation of a canopy on Main Street and Fifteen- th Street side of Behr's Inc., 1491 Main Street. This petition was re- ferred to me in meeting of Council, December 8, 1969. I recommend that this Ordinance be adopted. Respectfully yours, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas-Mayor Meyers, Council- aEHR's INC. By N..-bart F. Bohr Appllc,"' TItI" P""",.. P"bll,h'" officially In Tho Tal..".... H",'d Naw,"a.., thl, 13th day of Fob- "",1970. Lao F. F..mmU' CItY Cle"'. 4B Regular Session, February 2, 1970 Regular Session, February 2, 1970 47 .. by"a",pro'Il"..-. In'",d",'" tho 2nd day 0' Fob""". 1970. R"'a ,","",.. 2nd YOR Wa"" A. Wayna A. Gayl"d M Jo"ph J. COUNCil ATTEST, Lao F. F..mme" CItY "". ANCE OF ORDINANCE No. 5-70 , of the p", ----- ....thesame.. -- am! ..,ee to comply with all the '"m, and condition' th..-eo'; and g..n' onto tho CItY 0' D"bo", all of tho ..IYII.." and ,Igh" In ,,'d O'dI- nonce contain"'. 11.2113 from Asbury Road 475' south, pre- sented and read. Mayor Meyers moved approval of the petition sub- ject to approval of the City En- gineer. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of William Woodward requesting a deed to "Vacated Prospect Street" which is an area adjacent to Lots 39, 40 and 41 on the west side thereof in Coriells Dubuque, presented and read. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- I ed by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Attorney Marshall Thomas, rep- resenting W. J. Klauer who is a property owner abutting Prospect Street stated that his client is not opposed to the vacation of the street. Mr. Woodward's property abuts Prospect street to the east and Mr. Klauer's property abuts to the west. Attorney Thomas put the City on notice by stating that Mr. Klauer wants to participate in the purchase of the property. Mayor Pregler moved that Mr. Woodward's petition be referred to the City Manager and staff. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas-Mayor Meyers, Council- I men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petiiion of YWCA requesting that "Youth for Government Day 1970" be established for April 13, 14 and 15, 1970, presented and read. Councilman Pregler moved that the petition be approved. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of YMCA and YWCA requesting that each City depart- ment compose a job description for the benefit of students that are interested in "Youth in Govern- ment Day," presented and read. Councilman Pregler moved that the petition be approved after being informed by the City Manager that the request has been complied with. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Dubuque Association of the Blind requesting permission to conduct a candy sale from door to door during the months of Feb- ruary and March, presented and read. Councilman Pregler moved approval of the petition contingent upon approval of the City Manag- er. Seconded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. Petition of JacMar Inc. request- ing permission to construct an 8" sanitary sewer in Judson Drive January 29, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a pro- p.osal to have that portion of Pros- pect Street, lying north of Seventh Street, vacated. The Commission found that Pros- pect. Street extends from Seventh Street, north to the alley, lying between Seventh and Eighth Streets, and then Prospect Street terminates at that po;nt. The Com- mission also found that the street is not being used by abutting prop- erty owners, that there wonld be no developable property that would be land locked by the vacation of this street and that the street is not improved at the present time. It is the opinion of the Com- mission that there is no present or future public need for this prop- erty for either, right-of-way or other purposes. It is the recommendation of the Planning and Zoning Commission that the street be vacated and that the property be made available for sale. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson, City Planner Councilman Pregler moved ap- proval of the recommendation and that same be referred to the City Attorney for proper proceedings. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. Petition of Gemini Inc. request- ing permission to conduct a side- walk Uptown Art Fair bounded by E. 21st on the north, E. 18th to the south, East to White Street at 20th, with Central Avenue as a boundary to the west, over the weekend of May 2nd, 1970, present- ed and read. Mayor Meyers moved approval of the petition subject to approval of the City Manager. Sec. onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. Petition of Spanish American War Auxiliary requesting permis- sion to conduct a carnation Drive on April 24th and 25th 1970, pre- sented and read. Councilman Bitter moved approval of the petition sub- ject to approval of the City Manag- er. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- -- -- -- -- -- 48 Regular Session, February 2, 1970 men Bitter, Couchman, Moldenhau- er, Pregler- Nays-None. Petition of Loras College Social Life Committee requesting permis- sion to conduct a parade prior to the Loras University of Dubuque basketball game on February 3, 1970, presented and read. Council- man Pregler moved approval of the petition subject to approval of the City Manager. Seconded by Coun. cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 25.70 WHEREAS, Retirement Invest- ment Corporation has executed an Assignment of Easement wherein it sells, transfers and assigns to the City of Dubuque, Iowa all of its right, title and interest in and to one certain Grant of Easement dated May 23, 1969 and filed for record June 4, 1969 in Book 63, page 129 of the records of the Re- corder of Dubuque County, Iowa, said Grant of Easement running from Antel, Inc., a corporation, as Grantor, to Retirement Investment Corporation, as Grantee: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNClL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Assignment of Easement executed by Retire- men t Investment Corporation wherein it sells, assigns and trans- fers to the City of Dubuque, Iowa I all its right, title and interest in and to one certain Grant of Ease- ment dated May 23, 1969, and filed for record June 4, 1969 in Book 63, page 129 of the records of the Re- corder of Dubuque County, Iowa, said Grant of Easement running from Aute!, Inc., a corporation, as Grantor, to Retirement Investment Corporation, as Grantee be and the same is hereby accepted. Passed, approved and adopted this 2nd day of February 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. ASSIGNMENT OF EASEMENT FOR VALUE RECEIVED, the un. dersigned Retirement Investment Corporation, hereby, sells, assigns and transfers to the City of Dubu- que, Iowa, a municipal corporation, all of its right, title and interest in and to that certain Grant of Ease- ment dated May 28, 1969 and filed for record June 4, 1969 in Book 63, page 129 of the records of the Re- corder of Dubuque County, Iowa, said Grant of Easement running from Antel, Inc., a corporation, as Grantor to Retirement Investment Corporation, as Grantee. RETIREMENT INVESTMENT CORPORATION Frank H. Bertsch Its President; and Elizabeth Stangl Secretary STATE OF IOWA :ss DUBUQUE COUNTY On this 13th day of January, 1971, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Frank H. Bertsch and Elizabeth Stengl, to me personally known, who, being by me dnly sworn, did say that they are the President and Secretary respective- ly, of Retirement Investment Corp- oration, that no seal has been pro- cured by the said corporation; that said instrument was signed on be- half of said corporation by author. ity of its Board of Directors; and that the said Frank H. Bertsch and Elizaboth Stangl as such officers acknowledged the execution of said instrument to be the volun- tary act and deed of said corpora- tion, by it and by them voluntarily executed. Donald R. Breitbach Notary Public of Iowa, in and for Dubuque County. My commission expires July 4, 1972. Regular Session, February 2, 1970 49 December 31, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a final plat described as Lot 1, 2, 3, and 4 of Block 3 and Lot 1, 2, 3, and 4 of Block 4 and Lot A of Block 3, all in Thomas Farm Addition in the City of Dubuque, Iowa. It is the opinion of the Commis- sion that this is an appropriate de- sign for the area and that it meets the minimum requirements of the Subdivision Regnlations. It is the recommendation of the Planning Commission that this plat be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Couchman moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 26-70 RESOLUTION APPROVING THE PLAT OF BLOCK 3 and BLOCK 4 IN "THOMAS FARM ADDITION" IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 3 and Block 4 in "Thomas Farm Addition" in the City of Dubuque, Iowa, by Richard C. Henschel and Mildred L. Henschel; and WHEREAS, upon said plat ap- pear streets to be known as Valen- tine Drive, together with certain public utility easements which the Owners by said plat have dedicat- ed to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the' streets brought to grade, or paving, I sewer or water installed; NOW THEREFORE, BE IT R& SOLVED BY THE CITY COUNClL OF THE CITY OF DUBUQUE, IOWA: Section I. That the dedication of Valentine Drive together with the easements for public utilities as the same appear upon said plat, be aud the same are hereby ac- cepted; Section 2. That the plat of Block 3 and Block 4 in "Thomas Farm Addition" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Valen- tine Drive with bituminous con- crete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and wa- ter service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by ordinances, and where directed hy the City Engine- er and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved by .the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their ac- ceptance by the City of Dubuque, Iowa; h- To provide the foregoing con- struction and maintenance at the sale expense of the Subdivider, Richard C. Henschel and Mildred L. Henschel, as owner; 50 Regular Session, February 2, 1970 i. To construct said improve- I ments, except sidewalks, prior to January 12, 1972, and to construct the sidewalks prior to January 12, 1974; and further provided that said Richard C. Henschel and Mildred L. Henschel, as owner of said sub- division, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may be ac- ceptable to the City Manager. Section 3. That in the event Rlchard C. Henschel and Mildred L. Henschel, shall fail to execute the acceptance and furnish the se- curity provided for in Section 2 hereof within 45 days after the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the ded- ication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 2nd day of February, A.D., 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Walter A. Pregler Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 26.70 We, the undersigoed Richard C. Henschel and Mildred L. Henschel, having read the terms and condi- tions of the foregoing Resolution No. 26-70 and being familiar with the conditions thereof, hereby ac- cept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 11th day of February, 1970. Isl Mildred L. Henschel Isl Richard C. Henschel TO: LEO F. FROMMELT CITY CLERK. This is to certify that the secur- Ity provided by the foregoing REs. OLUTION NO. 26-70 has been furn- ished by the owners. Dated at Dubuque, Iowa, this 24th day of February, 1970. Isl Gilbert D. Chavenelle City Manager Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by !be fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Application of BET CORPORA- TION for annexation of Lot 1 of NE¥4 of NWV., Lot 1 of SEV. of NWV.. Lot 1 of NEV. of SWV., all in Section 28, Twp. 89 North Range 2 East of 5th P.M. consist- ing of 65.108 acres, presented and read. Councilman Pregler moved approval of the application. See- onded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. January 29, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed an ap- plication for voluntary annexation of property described as Lot 1 of the NEV. of NWV., Lot 1 of SEV. of NW¥4, Lot 1 of NEV. of SWV., all in Section 28, Township 89, North, Range 2, East of tbe 5th P.M. This property is located di- rectly south of Hempstead High School and lies adjacent to Penn- sylvania Avenue. The Commission found that this property is contiguous with the present city limits, that it is pos- sible to extend public facilities to this area in the relatively near fu- ture, and the general plan for the ciiy envisions that this ""mid be a part of the municipal corpora- tion. It is the recommendation of the Planning and Zoning Commission that the application for voluntary annexation be approved. Respectfnlly submitted, Don Gilron City Planner Councilman Pregler moved to concur in the Commission's recom- mendation. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Attorney Carl V. Riley, repre- 51 Regular Session, February 2, 1970 senling BET Corporation intro- dUeed Mr. Robert E. Ostrander, President and Thomas S. Honsa, Secretary of the corporation head- quartering at Moline, Illinois. RET Corporation intends to construct from one hundred thirty to one IIIIndred fifty, one, two aod three room apartments, containing from OOTen hundred to thirteen hundred and fifty square feet. RESOLUTION NO. 27.70 WHEREAS, the owners of an area approximately 65.108 acres in size immediately adjoining the southerly City Limits of the City of Dubuque, Iowa have petitioned !be City Council to be voluntarily annexed to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to s:ur;rol:~ti~~o~P~~iJfte~¡o";°T; Attest: incorporated within the City Lim- Le~.t ~ro~elt its of the City of Dubuque, Iowa; I y er and Councilman Moldenhauer moved WHEREAS, the inhabitants of adoption of the resolution. Seoo!1d- said territory will be enabled to ed by Councibnan Pregler. Camed secure water, and other municipal by the followmg vote: . services if said territory is incor- Yeas .- Mayor Meyers, Councll- porated within the City Limits of men BItter, Couchman, Molden- the City of Dubuque, Iowa; and hauer, Pregler. WHEREAS, Section 362.30, 1966 Petition of RET Corporation re- Code of Iowa, authorizes the ex- questing reroning of Lot 1 of NEV. tension of City Limits in situations NW¥4, Lot 1 SE¥4 NW¥4, Lot 1 of of this character by the adoption NE¥4 SWV. Sec. 28, T. 89 N.R. 2 E of a resolution therefor; and to Multiple Residence District Clas- WHEREAS, the future growth, sification, presented and read. development and preservation of CouncIlman Moldenhauer moved !be public health of the City of that the petition be referred to the Dubuque, Iowa, makes it impera- CIty Soircitor for proper pr~eed- tlve that said territory be made mgs. Seconded by CouncI~an a part of !be City of Dubuque Pregler. CarrIed by the folloWIng Iowa: ' vote: NOW THEREFORE BE IT RE- Yeas - Mayor Meyers, Council- SOLVED BY THE CITY COUNClL men Bitter, Couchman, Molden- OF THE CITY OF DUBUQUE I hauer, Pregler. IOWA: ' Nays - None. SECTION 1. That the territorial January 30, 1970 limits of the City of Dubuque, To the Honorable Mayor Iowa, be and tbey are hereby ex- and City Council tended to include the ar.a com- Subject: Low-Rent Housing Agency prising the following described 1) Resolution, Advisory Board of real estate: Project Concern, January 14, 1970. Lot 1 of NE¥4 of NW¥4, Lot 2) Letter, Dubuque Council of 1 of SE¥4, of NW¥4, Lot 1 of Churches, January 15, 1970. NEV. of SW¥4, all in Section 3) Proposed Council Resolution, 28, Township 89 North, Range Low-Rent Housing Agcncy. 2, East of the 5th P.M. in Gentlemen: Dubuque County, Iowa This letter is intended to provide according to the recorded plat some information which may assist thereof, attached hereto and by you at your Monday evening meet- reference made a part hereof the boundaries of said area being out- lined in red thereon. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution together with the plat attached thereto in the of- fice of the recorder in and for Du- buque County, Iowa. Section 3. That said territory be and the same shall be in and be- come part of the seventeenth vot- ing precinct of Dubuque, Iowa. Passed, approved and ~dopted this 2nd day of February, 1970. Donald R. Meyers Mayor Walter A- Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph H. Bitter Councilmen 52 Regular Session, February 2, 1970 ing Fehruary 2nd. In addition, Mr. Robert B. Hackner, Architect, and Mr. Joseph Becker, Attorney and member of the La Crosse Housing Commission, will attend and de- scribe for you the La Crosse or- ganization and operation. I. BACKGROUND INFORMATiON A. Recommendations mad e to Council 1) Project Concern This recommendation concerns only housing for the elderly. It is suggesied that the work of a city agency would include: gath- I ering knowledge of types of I housing programs, make applica- , tions for federal assistance, and assist local groups. The Advisory Board of Project Concern sug- gests that it will assist a muni. cipal housing agency, will act as a channel of communication with the elderly and furnish office space and phone. The informa- tion submitted stressed that Du- buque is the only city in Iowa which has not acted officially in the housing field and that public low-rent housing for the elderly can be constructed by the city without vote of the people. 2) Council of Churches This letter recommends three functions of a City Housing Agency. It would be a resource agency for city council, a re- source center for entire com- munity and operation center for housing programs. B. Proposed Resolution Est.blis". Ing a Low.Rent Housing Agency. As I interpret the proposed the proposed resolution, it indi- cates the council as the "Local Vow-Rent Housing Agency" and established a Board of Commis- sioners to assist the council. C. The Iowa State Code: (Section 4O3A) and 1969 Amendment Any municipality, town or county in the state can establish a iow-rent housing agency. Any tenant of such agency is limited to those whose gross income does not exceed $3,600 plus $100 per dependent. This restriction includes housing for the elderly. Each public housing project must be approved by 50 percent of the voters, voting at an elec- tion. Except, the use of dwell- ing units in existing structures to be leased from private owners and low-rent housing for the el. derly (age 62 and over) and handicapped. Further, the 1969 amendment provides that no housing project shall be approved, except leased structures, unless as a condition, at least 10 percent of all rents and supplemental rental aid shall be paid annually to the county treasurer. It should be noted that in ad- dition to elderly housing, leased housing in existing buildings is not subject to a vote of the pee- pie, and that the in 'lieu pay- ment of taxes is being question- ed by federal authority and has, in fact, stopped all new low-rent housing projects in the state. D. The Operation of Low.Rent Pub- lic Housing All of the comments made in this section are subject to two major constraints, lack of fed- eral funds and the conflict be- tween federal regnlation and state law. 1) Housing Elderly and Handi. capped The first step is to file an application with HUD stating the number of units proposed and requesting a reservation of funds. I understand that this is a simple application and the re- commended number of units is not less than 125. The city is then inspected by representtives of HUD to deter. mine need and kind. If approved by HUD, the next step is the Program Develop- ment Phase. Program funds are reserved and temporary loan of $400 per dwelling is made to the local agency. Of this money $5.50 per unit per month can be spent for administrative salaries. The balance can be spent for operations, investigation, site se- lection and design up to schem- atic drawings and preliminary estimates. The preliminary plan and esti- mates are reviewed by HUD and if approved, detailed plans and specifications are made and bid. It appears that no local seed money is necessary to start the program. There are no federal funds available this fiscal year. Charles City has had an approv- ed, but stalled, project applica- Regular Session, February 2, 1970 tion on file since January 1969. non-profit or profit motivated, Excellent Iowa sources of in- and to include both low and formation are Maurice Schrup, moderate income groups. City Attorney of Iowa City and Another goal wonld be "to Del Tepaske, Housing Authority, start" and the measurement cri- Sioux Center. teria of this goal would be a 2) Conventlonai Low-Rent Public ground breaking within two Housing with Refarendum years of an elderly housing pro- It is indicated that there are ject or the first lease of a leas- funds available for this type of ing project. project, but all is stalled until III. CUR R E N T ACTIVITIES-IN. federal and state regulations are TERACTION OF HOUSING PRO. reconciled. GRAM WITH OTHER CITY PRO. 3) Section 23, Leased Housing GRAMS. No funds are available until It is rumored that private mod- June 30, 1970. There is a large erate income housing projects backlog of applications for the are being planned, and that non- next year. For example, Des profit elderly moderate income Moines has an application for projects are being promoted. It is 500 units. Waterloo and Fort understood that River Valley Dodge, who are under pressure CAP has made application for a to supply housing, have been plan to construct an inventory unable to secure funding. This system of elderly people, their program of leased housing, how- needs and conditions. It is cer- ever, h~s treme~dous po~sibility I taln that h?using ~ interconnect- when linked WIth the idea of ed WIth City admmistrative re- private development using low organization, the urban renewal cost prefabricated houses. program, the proposed North- 4) Private. Non Profit P,roiects, South Expressway, bridges over FHA 236 the Mississippi River, human This program does not fall un- r~l~tions and building code re- der the state code regulating ViSiOn. Further, the "critical local low-rent housing, then no !,ath" time sequence of housing vote is reqnlred and the federal- I lDvolves ea.ch of the other pre- state legal conflict does not ap- grams and it should be so sched- ply. It provides the possibility I nled. If a "start" was "now" the of providing moderate income s!,stem schedule could extend housing. Loans can be made on five or more years. a sliding scale to as low as 1 IV. CONSTRICTIONS AND CON. percent interest. STRAINTS 5) In Ganeral The establishment of a Low- For any type of project, the Rent Hou~ing Agency involves cost of land is critical. Land cost the followmg constraints which must be modest for any program seem to dictate the kind of action approval or funding. to be taken: IT. GOALS AND OBJECTIVES A. The constraint of law, both It would appear that the im- federal and sta~e code. mediate goal is to establish a ~. The constraint of federal as- "Low-Rent Housing Agency" slstance funds. . whose function is to provide de- C:. The const~alnt ~ubuque mum. cent housing for low income clpal funds Incl~dl~g the statu. people. Judging from the recom- tory 30 mill ta~ limIt. . mendation letters, from comment D. The constral~t of tome . at the joint Council-Project Con- E. The constraInt of avaIlable cern meeting, and the variety of stan. federal assistance programs, it V. AL TERNA TIVE COURSES OF seems that the immediate ob- ACTION jective is to establish a full The following are action pos- blown "Housing Assistance Cen. sibilities: ter" to provide information, in. A. Esta~lish. an Agency with an spiration and operation for just executIve director and staff. about every type of housing en- B. Establish an Agency on a "get terprise property or arrange- start" basis with the following mont, public or private or both, alternatives: 53 - 54 ß.egular Session, February 2, 1970 I} Hire a consultant to service agency. 2} Hire a consultant to make ap- plication to HUD for reservation of federal funds using city staff members to support the agency and gather data. 3) Use, on a part time basis, members of the planning staff to support the agency and sub- mit tbe application for federal funds. A budget for such a situa- tion might be: Salary ('h year) Operating Expense Travel 100 Printing 50 Material and Supplies $5,500 50 $5,700 4) Use the Urban Renewal staff t<> support the agency and sub- mit the application for federal funds. 5) Same comhination of action Jines No.3 and No.4. C. Establish a department of Community Development to in. clude an urban renewal division, planning division, housing di- vision, code enforcement divi- sion, and relocation and social service division. D. Leave Housin Programs to pri. vate groups. VI. SELECTED COURSE OF ACTION From the above data, it appears that the best action course is to establish a low-rent housing agency on a get start basis using urban renewal staff to submit an application for federal funds and either urban renewal or planning staff people to support the agency in a limited way. This course of action is the best course because: 1. We should start now in order to be in line for federal assist- ance when available, and to pre- pare for meshing with other pro- grams such as the North-South Freeway. 2. Start now because there is an unmet need for low-rent reloca- tion housing. This need will in- erease over the coming years. 3. Start on a limited staff basis because this is all we can afford to do and because the cost of ad- ministering housing programs 200 can be funded by federal assist- ance. 4. Establish a Board of Commis. sioners rather than a Department of Community Development be- cause the latter will take a year or more to develop, and further a Board of Commissioners wonld become a supporting element of a department when it is estab- lished. 5. Estahlish a Board of Commis- sioners as a municipal agency which in the future can stimulate housing activity by private groups. VII. RECOMMENDATION I request that you favorably consider the proposed resolution to estahlish a low-rent housing authority. In making this recommenda. tion it shonld be understood that the action will be limited and that present public expectation will not be fnlfilled for con- siderable time due largely to municipal, state and federal diffi- culties. I underscore this idea as a part of the recommendation so that there will be public under- standing that all the worthy re- commendations of the Advisory Board of Project Concern and the Social Action Commission of the Dubuque Council of Churches will not be accomplished im- mediately, and will not be ac- complished by tbe single event of estahlishing a Low-Rent Hous- ing Agency and appointing a Board of Commissioners. RespectfnlIy, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Meyers, CO1D1cil. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mr. Robert Hackner, Architect, and Mr. Joseph Becker of tbe La. Crosse Wisconsin Honsing Agency addressed the Council relative to low rent housing in the City of La- Crosse. At the present time they have 300 units under operation of which 190 units are for the elderly Regular Session, February 2, 1970 55 and 110 units for low income class <ÍÜHu. The City is paid 10%- of the Housing budget in lieu of taxes Øiclt is approJdmately $10,000 per year. Their present payroll is ap- proximately $50,000 per year. They auticipate 700 units within 10 years- They are not allowed to charge more than 22%- of income to the people they rent to. The Autbority in LaCrosse sets the rent, which is $35.00 per month mini- mum and $70.00 per month maxi- mum. The LaCrosse City Council approves all new projects, also locations, and workable programs. Their money comes mainly from rents. Resolutions No. 28-70 Establish- ing a Low-Rent Housing Agency for the City of Dubuque, Iowa, and Establishing a Board of Commis- sioners as well as the terms, duties, powers and Authority of said Com- missioners, presented and read. Councilman Pregler moved that the I resolution be referred to the City Solicit<>r for investigation and re- commendation. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-..None. RESOLUTION NO. 29--70 WHEREAS, the William S. Shep- pley Foundation has given a fully equipped ambulance t<> the City of Dubuqne Ambniance DePartment in the interest of improving the safety of the citizens of Dubuque. NOW THEREFORE BE IT RE- SOLVED THAT the City Council of !be City of Dubuque in behalf of the citizens of Dubuque formally ""presses its sincere appreciation to !be William S. Sheppley Founda- tion for Its public spirited attitude, for its philanthropic, humanitarian and unstinting effort and for its I willingness to go beyond the de. mands of laxation to contribute to the public good of the entire com. munlty. The Council is confident that this gift will serve as an example of civic spirit to be emnlated by others in charity to their fellow men and hope for all mankind. Passed and adopted this 2nd day of .1I'ebruary, 1970. Donald R. Meyera Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Soseph J. Bitter Councilmett Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 30-70 BE IT RESOLVED by the City Council of tbe City of Dubuque, Iowa, that the following having compiled with the provisions of law relating to the sale <>f Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City- Thomas Andresen, 1080 University Avenue Thompson's Food Markets, Inc., 805 West 5th Street Thompson's Food Markets, Inc. <Transfer from 3200 Jackson St.), 51 West 32nd Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 2nd day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 31.70 WHEREAS, applications for Beer Permits have been submitted to 56 Regular Session, February 2, 1970 this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be isSued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Thomas Andresen, 1080 University Avenue Joyce A. Kirchberg, 3165 Central Avenue CLASS "C" BEER PERMIT John J. Heiderscheit, 1278 Central Avenue National Tea Company, 1313 Dodge Street The Great Atlantic & Pacific Tea Co., Inc., 2685 Dodge Street Thompson's Food Markets, Inc., 51 West 32nd Street Thompson's Food Markets, Inc., 805 West 5th Street Passed, adopted and approved this 2nd day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler. Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by CounciIman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Bitter. Nays-None. RESOLUTION NO. 32.70 WHEREAS, applications for Beer Bermits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Thomas Andresen, 1080 University Avenue Joyce A. Kirchberg, 3165 Central Avenue CLASS "C" BEER PERMIT Jolm J. Heiderscheit, 1278 Central Avenue National Tea Company, 1313 Dodge Street The Great Atlantic & Pacific Tea Co., Inc., 2685 Dodge Street Thompson's Food Markets, Inc., 51 West 32nd Street Thompson's Food Markets, Inc., 805 West 5th Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 2nd day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by CounciIman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 33-70 WHEREAS, applications for Liquor Permits have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LiQUOR CONTROL ACT- CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT John R. Hirsch, 206 West 3rd Street Thomas Andresen, 1080 University Avenue Joyce A. Kirchberg, 3165 Central Avenue Passed, adopted and approved Regular Session, Febrnary 2, 1970 this 2nd day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councihnan Moldenhauer moved JIdoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 34-70 WHEREAS, applications for Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WIlEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordin- ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor Permit. I CLASS "C" COMMERCIAL ESTABLISHMENT John R. Hirsch, 206 West 3rd Street Thomas Andresen, 1080 University Avenue Joyce A. Kirchberg, 3165 Central Avenue Passed, adopted and approved this 2nd day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councihnan Pregler- Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, COuchman, Molden- hauer, Pregler. Nays-None. Mayor Meyers submitted the names of Paul Gish and Gerald Sjo- bakken for re-appointment to the Human Rights Commission for three year terms beginning Janu- ary 1, 1970. Councilman Couchman moved approval of the persons sub- mitted. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couc1unan, Molden- hauer, Pregler. Nays-None. There being no further business Councilman Bitter moved to ad. journ. Seconded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Leo F. Frommelt City Clerk. Approved ....................................1970 Adopted ......................................1970 -....................................................................-- ...............................-.........................-....-- .............................-...........................-....-- .......-....................-........-......-............-..-. """"""""""""""""""""""'ëõ'üñõiiñi,;¡;-" Attest: ............................................-- City Clerk 57- 58 Special Session, February 16, 1970 CITY COUNCIL OFFICiAL Special Session, February 16. 1970. Council met at 7:30 P.M. (C.S.T.) Present-Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. City Manager, Gil- bert D. Chavenelle. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called to authorize the Mayor and Clerk to Execute Supplement No.3 to Right to Entry to Include a Right of Way last Revised January 27. 1970 on the Flood Wall Project, and acting upon such other bus- iness as may properly come before a regular meeting of the City Coun- cil. Communication of Sister Mary Aogelica OSF objecting to the use of available funds for a clock tower rather than using tbe money to finance "Crossroads" for the bene- , fit of our youth, presented and I read. Councilman Pregler moved that the communication be received I and filed. Seconded by Mayor! Meyers. Carried by the following' vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Herbert Meyer of; 391 Mountain Lane objecting to the rough condition of the street and requesting that same be put on the Street program for this year and further requesting that the, street be widened, presented and I read. Councilman Pregler moved that the communication be referred to the Engineering Department for investigation and report. Seconded by Councitman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of James Hadley of 235 Devon Drive objecting to the complacency shown on the part of the City relative to a storm sewer back-up at his home on June 25, 1969, being fearful that it may happen again if the cause of the trouble is not corrected, presented and read. Mayor Meyers moved that the communication be refemed '" the Engineering Department for investigation and report. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- bauer, Pregler. Nays-None. Communication a f Du!>vque County Municipal League express- ing appreciation of the County Engineer at their JanuIII'1 meetúlc and requesting payment of !be 1JI70 dues in the amount of $10.00, pre- sented and read. Councilman Preg. ler moved that the comm11I1Ï""-ÜOD be received and filed and the Man- ager authorized to pay the dœs in the amount of $10.00. Seconded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, COUMit- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. February 4, 19'10 To the Honorable Mayor and City Council Gentlemen: I request your permission to at- tend a Management Development Workshop at the University of Iowa, March 22-27. The program has been developed and administered by the Industrial Relations Center, University of Chicago. The International City Management Association, in con- junction with the Industrial Rela- tions Center, is making this - ing available to 1ocal gorernmea1 officers. Respectfnlly, Gilbert D. Chavenene City Manager Councitman Couchman moved approval of the request. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Febru.ary 11, Ul70 To the Honorable Ma- and City Council, Gentlemen: This is to advise that I have ap- proved the following policies and desire to have your approval on same. 59 Special Session, February 16, 1970 COMPREHENSIVE LIABILITY I gence on the part of the City due Black & White, Yellow & Checker to a faulty water hydrant, pre- C b Co Inc Aetoa Life & Casu- sented and read. Mayor Meyers k ., " moved that the n?tice o~ .suit be D8bIIque Plumbtog & Heating Co., referred to the CIty SolIcItor for A Division of Geiger & Co., Bi- mveslIgatwn and report. Secon~ed tuminous Casualty Corp. by CouncIlman Couchman. CarrIed RespectfUlly, by the followmg vote: . Gilbert D. Chavenelle Yeas - Mayor Meyers, Councll- City Manager men Bitter, Couchman, Molden- hauer, Pregler. Cbuncilman Pregler moved that Nays - None. !be policies be filed subject to ap- p1I)val of the City Solicitor. Second- Notice of David L. Hammer, at- ed by Mayor Meyers. Carried by torney, advising that his law firm the following vote: has been retamed by the Hartford Yeas-Mayor Meyers, Council- Insurance Co., in the .case of the men Bitter, Couchman, Molden- Rainbo 011 Company fIre, but due h er Pregler to a PossIble excess judgment It al:-aYs.-None.' is the City's Privile/?e to have the CIty Attorney, or hire such other February 12, 1970 Attorney to cooperate with their To the Honorable Mayor firm, presented and read. Mayor and City Council Meyers moved tbat the communl- Gentlemen: cation be referred to the City At- A building permit has been re- torney. Seconded by Councilman qllested for the erection of a car Couchman. Carried by the follow- wash at 1875 Kennedy Road. ing vote: I am enclosing a letter from Mr. Yeas - Mayor Meyers, Council- Bandy which indicates that the man Bitter, Couchman, Molden- Plans have been aproved by the hauer, Pregler. City Staff. . Nays - None. I request that you afflI'IIl the issnlng of the building permit. Notice of Claim of Mrs. Alma Respectfully requested, Ball, in an undetermined amount, Gilbert D. Chavenelle for personal injUries received in City Manager a fall on an icy sidewalk at 2100 Kniest Street on January 25, 1970, Mayor Meyers moved approval presented and read. Mayor Mey- of the request. Seconded by Coun- ers moved that the notice of claim cilma~ Couchman. Carried by the be referred to the City Attorney followmg vote: for investigation and report. Sec- Yeas - Mayor Meyers, Council- onded by Councilman Couchman. men Bitter, Couchman, Molden- Carried by the following vote: hauer, Pregler. Yeas - Mayor Meyers, Council- Nays - None. men Bitter Couchman Molden- Printed Council ¡>roccedings for hauer, Pregier. ' the months of August, September, Nays - None. and October 1969, presented for Notice of Claim of Mrs. Luise approval Mayo~ Meyers. moved Huebner, in an undetermined that the CouncIl proceedings be amount, for personal injUries re- approved as prInted. Seconded by ceived in a fall on an icy sidewalk Councllma'.' Pregler. Camed by at 9th street between Main and the followmg vote: Iowa on January 26 1970 pre- Yeas - Mayor Meyers, Council- sented and read. Mayor Meyers man Bitter, Couchman, Molden- moved that the notice of claim be bauer, Pregler. referred to the City Solicitor for Nays - None. investigation and report. Seconded Notice of Snit of the Rainbo Oil br Councilman Couchman. Car- Company, in the amount of $189,. rIed by the folloWIng vote: . 762.93 as the result of a fire which Yeas .- Mayor Meyers, CouncIl. consumed their buildings and con- men BItter, Couchman, Molden. tents at South Main Street on hauer, Pregler. Febrnary 8, 1969, claiming negli- Nays - None. 60 Special Session, February 16, 1970 ORDiNANCE NO. 6-70 AN ORDiNANCE AMENDING AND C H A N GIN G ORDI. NANCE NO. 3--34 KNOWN AS THE ZONING MAP AND ZO N I N G ORDiNANCE OF THE CiTY OF DUBUQUE, IOWA, SO AS TO CHANGE LOT I OF I, Lot 2 of 2, Lot 2 of I of I of 2 of Byrnes Sub- division, Lot 2 of I of Lots 24 and 25 in Bonson Stewart's Subdivision, Lots I, 2, 3, 4, and 5 of Byrnas Sub. No.2, Lot I of I of 2 of Byrnes Sub. from Multiple Residence Dis- trict Ciassification to Local Business B District Classifica- tion, presented and read. Mayor Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Mayor Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Mayor Meyers moved that a pub- lic hearing be held on the Ordi- nance on March 23, 1970, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall ."d that the Clerk be instructed to publish no- tice of same in the manner re- quired by law. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of Tower Investment Co. requesting permission to connect to city water located on Rockdale Road at the south city limits, to service a mobile home pork pro- posed to be built on a 115 acre tract, with no objection to annex- ation, presented and read. Mayor Meyers moved t'l.t the petition be referred to the Man- ager and Staff for investigation I and report. Seconded by Council- man Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of Muscular Dystrophy Associations of America request- ing permission to have "Shamrocks for Dystrophy" days on March 16th and 17th in the Dowotown Area, presented and read. Mayor Meyers moved that the petition be granted subject to approval of the City Manager. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of the Easter Seal So- ciety of Iowa Inc. for Crippled Children and Adults requesting permission to sell Easter Lillies on March 13th and 14th in Downtown area and also in the West Dubuque area, presented and read. Council- man Couchman moved that the petition be approved subject to ap- proval of the City Manager. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of Resurrection Mens Service Club requesting a joint meeting of the Council, Recreation Com miss ion and Resurrection Mens Service Club to try to arrive at a solution to allow the holding of their third annual softball tour- nament at Riverfront fields in June, presented and read. Council- man Pregler moved that the peti- tion be received and filed and the Mayor and City Manager set a date for a meeting with the various groups concerned. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays - None. Not Voting - Councilman Mol- denhauer. Petition of Washington Street Neighborhood Council requesting the City Council to use every pus- Special Session, February 16, 1970 61 sible means to have the recent re- zoning ruling reversed as ruled upon by the District Court, pre- sented and read. Mayor Meyers moved that the petition be receiv- ed and filed. Seconded by Council. man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 35.70 Accapting Delivery of Deeds for the Downtown Urban Re. newel Project, Iowa R.15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Captital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15: and WHEREAS, the City of Dubuque pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real eshte by purchase; now therefc<e, BE IT RESOLVED BY THE CITY COUNClL OF DUBUI,IUE, IOWA: SlCtion I. That delivery of deeds to the City of Dubuque for the following described pareel of real estate in the Downtown Urban Re- newal Project, Iowa R-15, is here- by ratified and accepted by the City of Dubuque. Grantor - John A. Nagle. Deed dated January 30, 1970. Recorded in Book 201, Page 176. Property Description - The South 44 feet of Lot 21 in the Town, now City, of Dubuque, Iowa, according to the United States Commissioners' Plat thereof. (par- cel 3-8). Section 2. That the recording of the respective deeds of conveyance of title in the office of the Record- er in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and I directed to file a copy of this Re- solution in the Office of the Re corder in and for Dubuque County, Iowa. Passed, this 16th approved, and adopted day of February, J970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenh..,er Gaylord III. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 36-70 Resolution accepting delivery of Grant of Easement for Flood Protection Works. WHEREAS, THRUPUT TERM- INALS has executed and delivered to City of Dubuque, Towa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Parcels of land lying north and east of Seventh Street Harbor in the City of Du- buque, Iowa, being a part of the area known as Thruput Terminal Lease, which parcel is outlined in red and cross- hatched on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof. in connection with City of Du- buque Flood Control Plan. NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNClL OF THE CITY OF DUBUQUE, IOWA: Section I. Delivery of grant of perpetual easement to City of Du- buque, Iowa by THRUPUT TERM- INALS dated the day of 1970, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and caUSe said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. t'I2 Special Session, February 16, 1970 Passed, this 16th adopted and approved day of February, 1970. Donald R. Meyers Mayor Gaylord Couchman Joseph Bitter Wayne A. Moldenhauer Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 37-70 WHEREAS, the United States Army Corps of Engineers have re- quested an additional right-<>f-way for floodwall on the riverside of the Floodwall Project which change in alignment shall be be- tween Stations 88+04.65 and 89+77.6; and between Stations 85+97 and Station 86+33 and, WHEREAS, it would serve the best public interest that the City of Dubuque, Iowa grant unto the United States of America a "Right- of-Entry" to accomodate the addi- tional right-<>f-way reqnired for floodwall on the riverside of the Dubuque Floodwall Protection Pro- ject. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Mayor and City Clerk be and they 31'e hereby authorized and directed to exe- cute Supplemnt No.3 to Right-of- Entry for and on behalf of the City of Dubuque, Iowa to include a right-<>f-way as shown on Draw- ing No. 12-FG-5 last reviscd Jan- uary 27, 1970. Section 2. That the City Engin- eer be and he is hereby authorized and directed to transmit the exe- cuted Supplemnt No.3 to Right- of-Entry together with accompany ing documents to the Department of the Army, Rock Island District, Corps of Engineers, Clock Tower Building, Rock Island, DIinois 61201. Passed, this 16th approved and adopted day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyer", Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTiON NO. 38.70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted 3 permit to sell Cigarettes and Cigarette Papers within said City. John E. Noel 2400 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 16th day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F .Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 39-79 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, Special Session, February 16, 1970 63 RE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Class "B" Beer Permit John E. Noel 2400 Central Avenue Roger D. Williams 1027 Rhomberg Avenue Passed, adopted and approved this 16th day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenl1auer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 40-79 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have recived the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of tbe City of Dubuque, Iowa. that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CI... "B" Beer Permit John E. Noel 2400 Central Avenue Roger D. Williams 1027 Rhomber Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 16th day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers mo'^'<! adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council. man Bitter, Couchman, Molden- hauer, Bitter. Nays-None. RESOLUTION NO. 41.70 WHEREAs, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the fallowing applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 123 - as amend- ed by the 60th General Assembly, 1963. Class "C" Commercial Establishment John E. Noel 2400 Central Avenue Roger D. Williams 1027 Rhomberg Avenue Passed, adopted and approved this 16th day of February, 1970. Donald R. Meyers Mayor Walter A. Pre¡¡ler Wayne A. ~~oldenhauer Gaylord M. Couchman Joseph J. Eit:er Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 42.70 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they 64 Special Session, February 16, 1970 have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. Class "C" Commercial Establishment John E. Noel 2400 Central Avenue Roger D. Williams 1027 Rhomberg Avenue Passed, adopted and approved this 16th day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Mayor Meyers moved that Charles E. Stork be appointed to the Human Rights Commission for a three year term commencing January 1, 1970. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couc1unan, Molden- hauer, Pregler. Nays - None. REMARKS TO: Dubuque City Council BY; J. Bruce Meriwether Assistant Vice President First National Bank of Dubuque February 16, 1970 Mister Mayor - Gentlomen of the City Council My name is Bruce Meriwether, and I address you tonight as an officer of the First National Bank of Dubuque, as a member of the Downtown Association, the Du- buque Area Chamber of Com- merce, and most importantly per- haps, as an interested and concerned citizen. I wonld like, very briefly, to broach the subject of the downtown Pedestrian Mall, the project in my mind, that will not only revitalize the business and shopping core of our city, but the project that can do the most to provide a lasting character and image to an already growing, pros- pering, and progressing commun- ity. I therefore suggest that the Pedestrianway project, now at its constructural beg i nni ng, be thought of in terms of an oppor- tunity by all that will be affected by its completed beauty and ef- ficiency . . . a "golden opportun. ity" to provide a central business core that can be likened to none that are measured aesthetically as well as functionally. Now, if you will, may I use these opening re- marks as transportation to the specific reason I am appearing be- fore you tonight. The First National Bank of Du. buque, my employer, by the prox- imity of its main office to the new Pedestrianway, and by its deep concern for the retail and profes- sional businesses that w~ serve, is vitally interested in the successful completion and the virtual un. ending list of "fringe benefits" that can come to us all from thu. project. Specifically, we concen- trate our immediate thoughts to the three most dominant features of the mall to be constructed this year. Namely - Foutnain Square at Ninth and Main; Pavilion Square at Eighth and Main; and Town Clock Square at Seventh and Main. And, "zeroing" in even clos- er, our concern is for those phases Special Session, February 16, 1970 of these three features of the Pe<lestrianway, as well os the total project, that are not funded by city or federal means. Therefore, at a Bank Board of DIrectors Meeting on Wednesday, February 11, 1970 I was directed to present to this Council tonight, .. check for $5.000; thc.se monies to be escrowed for use in those phases of the project that must come from private support. I plan, on behalf of the bank, to initiate further activities through our membership in the Dubuque Area Chamber of Commerce, and the Downtown Association and te rep- resent our extreme interest in see. ing a program developed that will solicit and acquire the additional funds that are necessary to com- plete those unfunded items that I will enhance and accent the Pe- destrian Mall. To support this action and these remarks, I am very happy to re- port to the community, through you tonight that I visited today with (I) Gene Wrigbt - President of the' Dubuque Area Chamber of Commerce. (2) Donald Grau - Esecutive Vice President of the Chamber of Commerce. (3) Tenney Pickslay - Chairman of the Downtown Association. and have been assured by each of them that they will personally support the generating of an ac- tion program from within their organizations that will follow the thoughts that I have outlined. I ~a:~ vi~~fedh~rJ; ~~V~~r?~f tr:: I businessmen in the Mall area, and I am indeed excited about their willingness to meet the challenge of participation that must be met to successfully complete the Ped- estrianway Mall. I am sure that it will never be said that we in the Central Core were unwilling to share in those problems or maybe better said, to take advantage of all the opportunities and situations to bring the successful revitaliza- tion of Downtown to fruition. To conclude these remarks, I would like to make a direct point for the members of the City Ad- ministration. To implement any of the . activities that I have men- tioned, sound, forthright and spe- cific direction must come from you. There is, at this point for ex- ample, no idea of the total cost of the private funded items in this project. No priorities in these areas, that I know of, have been established. The consultants - Barton & Aschman - indicated at a recent meeting that the relocation of the Town Clock Square was an extrem- ely important phase of the new program. If that is to be done first, then that priority plus the cost must be known so that the needs can be met. But one thing is for certain, and that is that only through sound direction and with flawless attitude of cooperation can all of the necessary ingred- ients be built into this Pedestrian- way. I thank you very much for the time you have allowed me to make this presentation. Councilman Pregler moved that the check be accepted with sincere thanks and that Mr. Meriwether's statement be received and filed and made a matter of record and that the Mayor express his im- mediate thanks. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote; Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 28-70 A Resolution establishing a Low-Rent Housing Agency for the City of Dubuque, Iowa, and establishing a Board of Commissioners as wall as the terms, duties, powers and authority of said Commission- ers. WHEREAS, Chapter 403A, as amended, of the 1966 Code of Iowa creates in cities and towns certain powers in connection with provid- ing low-rent public housing, and WHEREAS, Chapter 4O3A, as amended, of the 1966 Code of Iowa defines the powers of municipali. ties in connection with providing low-rent public housing and auth- orizing cities and towns to accept grants, contributions and othet financial assistance from the Fed' eral government, and . WHEREAS, the City Council of the City of Dubuque, Iowa, be- 65 - -~,. 68 Special Session, February 16, 1970 1ieves that is in the best interests of the City of Dubuque, Iowa, to create a low-rent housing ageney as defined in Chapter 4O3A ,)f the 1966 Code of Iowa, .. amended, but said Council believes it wonld be in the best interests of tbe City at this time to have thc powers granted by said Chapter exercised by the local governing body of the City of Dubuque, namely the City Council of the City of Dubuque, Iowa, and that said local govern- ing body create a Board of five commissioners to exercise such authority as granted them by said governing body, namely the City Council of the City of Dubuqu" Iowa. NOW, THEREFORE, IT IS I HEREBY RESOLVED by the City Council of the City of Dubuque, . Iowa: I. That tbe City of Dubuque hereby elects to have its powers in connection with the. low-rent housing law as defined in Chapter 4O3A of the 1966 Code of Iowa, as amended, exercised by the City Council of the City of Dubuque, Iowa, and by said City Council through a Board of Commissioners to the extent of the authority granted said Board of Commission- ers by the City Council of the City of Dubuque, Iowa. 2. That there is hereby created in the City of Dubuque, Iowa, a body corporate and politic to be known as the "Low-Rent Housing Agency" c>f the City of Dubuque, Iowa, with said low-rent housing agency to be governed by th,¿ City Council of tbe City of Dubuque Iowa, and a Board of Commission- ers to the extent of the authority granted by the City Council of the City of Dubuque, Iowa. 3. That there be and is hereby created said Board of Commission- ers of the low-rent housing agency consisting of five citizens of the City of Dubuque, Iowa, who shaH be qualüied by knowledge, exper- ience and background to act in matters pertaining to low-rent housing for the citizens of the City of Dubuque, Iowa. The memhers of the said Board of Commission- ers shall be appointed by the May- or subject to the approval of the City Council. The term of office for three of said commissioners originally appointed shall be two years and the term of offiee for two of said commissioners origin- ally appointed shall be one year. Thereafter the term of office for each commissioner shall he two years. The original Board of Com- missioners shall assume office as soon as their appointment is made by the Mayor and approved by the City Council. The Mayor shall des- ignate a chairman awl vice-chaU- man from amDng the Commission- ers. Vacancies occurring on the Board caused by resignation or otherwise shall be fined by the Mayor and approved by the Coun- cil for the unexpired term. All members of the Board shall serve without compensation except ne- cessary expenses, including travel expenses incurred in the discharge of their duties. 4. A majority of the Commis- sioners shan constitute a quorum for the purpose of conducting bus- iness and exercising such powers as delegated to them by the City Council as well as for all other purposes. Action may be taken by the agency upon a vote of a mIl- jorily of the commissioners pre- sent, unless in any case the by- laws shaH require a larger num- ber. Said Commissioners may adopt rules, bylaws and regnlations governing its organization and pr0- cedures as may be deemed neces- sary and in conformance with Chapter 403A of the 1966 Code of Iowa, as amended, and subject to the approval of the City Council. 5. On or before March 31st of each year, said Commissioners shall file with the City Council a report of their activities for the preceding calendar year, which re- port shaH include a complete fi- nancial statement setting forth its assests, liahilities, income and operating expenses as of the end of such calendar year and a nar- rative report of its projects during the period covered. At the time of filing the report, the agency shall publish in a newspaper of general circnlation in the community a notice to the effect that such re- port has been filed with the ;nunl. cipality, and that the report is available for inspection during business hours in the office of the city clerk and in the office of the agency. 6. Said Board of Cc>mmissioners. subject to the approval of th¿ City Special Session, February 16, 1970 ffl Council, may employ an executive director, technical experts, legal ~l and such other agents and employees, permanent and tem- porary, as it may reqnlre, and the Board may determine their quali- fications, duties and compensation subject to the approval of tbe City Council. 7. The Board shall also file with I8id City Council copies of the minutes of meetings of said Board .. soon as possible after meetings are held. The Board of Commis- sioners shall prepare a budget set- ~ftsO~~~~;~c;:,~ a~~~~::;s~~ I the City Council and the City Council map appropriate monies for the expenses of such Board. T1Ie Board of Commissioners shan have authority to expend for and on behalf of said City of Dubuque, all sums of money so budgeted and appropriated. Gifts, donations or payments which are received by such City for low-rent housing pur- poses shall be placed in such fund, to be used by the Board of Com- miasioners in an appropriatc man- ner and in conformity with its pur- pose. Said Board of Commission- ~':ct~~~tsh~~o~~ f"¡,~V~~~~n~~i I its income for the current year. 8. Said Board of Commissioners shall be responsible initiany to un- dertake and carry out studies and analyses of the housing needs and of the meeting of such needs and to make the results of such studies and analyses available to the pub- lic as wen as to recommend pro- posed projects in the area of low- rent housing for the citizens of the City of Dubuque, Iowa. Any Proposed low-rent housing pro- jects shall be subject to specific approval by the City Counc'l and I any project reqnlring a referen- dum as provided in Chapter 403A of the 1966 Code of Iowa, as amended, shall be submitted to the voters of the City of Dubuque in accordance with such chapter. 9. Before any recommendations for a specific project is made to said City Council, the same must be in conformance with the com- prehensive plan for said City, and shall be referred to the Dubuque City Plaunlng Commission for re- commendation prior to submission to the City Council. Passed and adopted this 16th day of February, 19'/0, Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord 1\1. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoPtion of the resolution. Sec- onded by Councilman Bitter. Car. ried by the following vote: Yeas - Mayor Mevers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. At. 9:50 P.M. CounciIman Bitter moved that the Council go into executive ses. sion at the request of the City Attorney concerning pending le- gislation. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. The Council reconvened in reg- ular session at 10:30 P.M. RESOLUTION NO. 43-70 WHEREAS, an action has been filed in the United States District Court for the Northern District of Iowa, Easern Division, wherein Jo- seph James Piluzza is plaintiff and Byrne O'Brien, John L. Fangman, Merle P. Koch, William Van Ab, and Gus Fecker and Percy Lucas are named as defendants, which action is designated as Civil Action No. 70-C-lOOl-ED wherein in each of two counts p1aintüf prays for damages in the amount of $172,- 800.00 alleging that on or about March 29, 1967 the said plaintiff was arrested for violation of par- ole and that in pursuant thereto his constitutional rights were vio- lated and that thereaftcr he was wrongfully in prison detained, and WHEREAS, Section 368 A.Ul gives the City Council power to direct the City Attorney, or to employ an attorney, to dcfend any municipal officer or employee in any cause of aetion ari'ing out of or in the course of the perform- ance of the duties of his office or 68 Special Session, February 16, 1970 Councilman Couchman move,], adoption of the <esolution. Sec- onded by Councilman Bitter. Car. ried by the following ;.)tc: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. Leo F. Frommelt City Clerk employment and to pay the costs of such defense, and WHEREAS, the said R. N. Russo has heretofore assumed the de- fense of this case, and WHEREAS, it is the opinion of the Council that it would ,erve the best public interest that the City Attorney, R. N. Russo, be directed to defend said action; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCJL OF THE CITY OF DUBUQl-E, IOWA: Section I. That the City Attor- ney be and he is hereby directed to defend the defendants in the above entitled cause of action pending in the United Siates Dis- trict for the Northern District of Iowa, Eastern Division and that his efforts heretofore made in the defense of said c"",e be and the same are herehy ratified and con- firmed and the said City Attorney is further directed to do any and all things necessary for the proper defense of said cause and neces- sarily incidental thereto. Section 2. That iu view of the unusual nature of this Jitigation and in view of the fact thot said action poses numerous and com- plex problems and in view of thc fact that the defense of said cause will require extensive expenditure I of time and energies pursuant thereto, it is the decision of the City Council that thc defense of said cause be considered beyond the scope of the employment of said City Attorney and beyond thc scope of his salary and therefore it is the judgment of the City Council that the said City Attor- ney be paid additional compensa- tion for the defense of said action which compensation fixed at the rate fixed and allowed bv the Iowa State Bar Association Fee Sched- ule. Passed, this 16th Approved Approved -.............-........-..................".."..."""...."......."".. -..........---..."......................"..""."""."..".." ..-...--..-......-..........""........"..."."""""". -'-'-""""""""'-"""ðöiïÏiëïiïiïëñ""""" Attest: """""""""""""ëïiÿ"'ëï;~k"" approved and adopted day of Feb.'uary, 1970. Donald R. Meyer, Mayor Walter A. Pregler Wayne A. MoJhnhauer Gaylord M. Couch!I'an Joseph .T. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, March 2, 1970 69 CITY COUNCIL OFFICIAL 1970 Regular Session, March 2, 1970. Council met at 7:30 P.M. (C.S.T.) prosent - Mayor Meyers Coun. cilmen Bitter, Couchman, Molden. hauer, Pregler. City Manager Gil. borf D. Cravenelle. Mayor l\Ieyers read the call and stated that service therof had been duIv made and this is the regular monthly meeting of the City Coun- cil called for the purpose of acting upon such business as may proper- ly ccme before the meeting. Communication of Karl Halte- hoff, submitting a list of selected plants best suited for this climate, that conld be used most effectively in tbe Urban Renewal Pedestrian Mall, presented and read. Council- man Pregler moved that the com- munication be referred to Urhan Renewal Director Mr. Wittenberg with instructions to confer with Mr. Haltenhoff and Barton Aschmann Associates. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Ed. Brosius objecting to the exhorbitant prices being paid for trees being planted in the Downtown Urban renewal ::~' ~~~~:"a~:rn':n~~:~' 8.~~n:;,~ I communication be referred to the City Manager and Urban Renewal Director. Seconded by Councilman Couchman. Carried by the follow- in~ vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of Dub u que County Medical Society expressing appreciation for tbe financial sup- port given to them in the recent Rubella progrsm, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by May- 1970 or Meyers. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of City Health Director Kenneth K. Hazlet M.D. submitting a copy of a letter of appreciation sent to the local news media and to the people who have worked so diligently in making the German Measles Vaccination pro- gram a success in Dubuque and Dubuque County, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. Communication of Dubuque Met- ropolitan Area Commission on Crime and Delinquency requesting serious consideration on a proposal to establish a City.County Law En- forcement Center, presented and rcad Mayor Meyers moved that the City Manager be instructed to arrange for a meeting with the Crime Commission, preferably on March 12, 1970. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of Dubuque Met- ropolitan Area Commission on Crime and Delinquency requesting adoption of a resolution as sub- mitted, for authorization to parti- cipate in the planning and pro- gramming required by the Iowa Crime Commission through the Du- buque Area Commission on Crime and Delinquency, presented and read. Councilman Couchman moved adoption of the resolution as pre- sented. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None.