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1970 May Council Proceedings Regular Session, May 4, 1970 163 CITY COUNCIL (OFFICIAL) Regular Session, May 4, 1970. Council met at 7:30 P.M. (Cen. tral Daylight Time). Present - Mayor Meyers, Coun. cilmen Bitter, Couchmen, 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 is the REGULAR MONTHLY MEETING of tbe City Council called for the purpose of acting upon such busi- ness as may properly come before the meeting. Communication of Craig Wooten of 1330 Curtis Street relative to the pollution problem and request- ing what steps are being taken to eliminate it here in the City, pre- sented and read. Councilman Bit. ter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Mol- denhauer, Pregler. Nays-None. Communication of Jerry A. White of 445 Wartburg Place in- dicating an awareness of the pollu- tion problem being created by in- ternal combustion engines and re- questing that the problem be brought to the attention of the ~~~~r~~~a~o~~~¡Y~~nP~~~~; I moved that the communication be received and filed- Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilman Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Project Con- cern congratulating the Council on action taken in appointing citizens to the Dubuque Housing Authority and recommending that a full time director or secretary be provided for in the City budget, presented and read. Mayor Meyers moved to refer the communication to the Council and the Manager for con. sideration at budget time. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Crime Com- mission submitting a resolution stating that funds can be made available to assist in financing a study of the feasibility and plan- ning of a joint law enforcement facility and recommending that a committee be composed of City, County, Police, Sheriff, and Crime Commission, presented and read. Councilman Pregler moved that the Mayor and Manager be author- ized to implement the recommen. dation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during March 1970, presented and read. Mayor Meyers moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. May I, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a request to have property at 2508 Roosevelt reclassified from Single Family Residence to Local Business "A" District. This Property is occupied by a residential structure and is sur- rounded by other residential struc- tures. The General Development proposes that this area remain resi- dential. Reclassification of this property would be creating a new Commer- cial DIstrict on the Zoning Map and could be considered spot zon- ÍIIg. 164 Regular Session, May 4, 1970 It is the recommendation of the Commission that this request not be approved. Respectfully submitted, CITY pLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Meyers moved to concur in the recommendation. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. May 1, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Two Family Residence classifica- tion to Multiple Residence classi- fication, property described as Lot 2 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 67, in the City of Dubuque, Iowa. This property is bounded on the north by Mercy Medical Center property, on the west by Holiday Inn, on the south by a gasoline service station, and on the east by vacant land. Access to the area would he through the Holiday Inn parking lot. At the public hearing no one expressed opposition. A petition signed by residents of Clara Street and stating support for the propos- al was received. It is the recommendation of the Planning and Zoning Commission that this proposal be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved to re- fer the recommendation to the Planning & Zoning Commission for proper proceedings. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. May 1, 1970 To the Honorable Mayor and City Council An act, known as Senate File 1197, relating to municipal court clerks and bailiffs was enacted by the Sixty-Third General Assembly of the State of Iowa, and approved by the Governor on April 13, 1970. The primary purpose of this act was to establish a maximum annual salary for the above positions ef- fective July 1, 1970, and transfer further authority for salary con- siderations after this date to the City Council subject to the approv- al of the Board of Supervisors. However, because this act was deemed to be of immediate impor- tance it was stipulated to be in full force and effect from and after its publication in the Telegraph Her- ald. This publication was accom- plished on April 17, 1970. The amount of salary increase approved by the General Assembly was $2,100.00 per annum. In recognition of the merits of a salary adjustment for these posi- tions it is recommended by the city manager that the monthly salary of the court clerk be adjusted for the remainder of the calendar year 1970 so as to reflect a gross amount of $9,100.00 for the entire calendar year of 1970; and that the monthly salary of the court bailiff be adjusted in a like manner so as to reflect a gross amount of $8,800 for the calendar year 1970. An interpretation from the City Solicitor is on file in the city man. ager's office indicating that these salary adjustments are within the scope of the intent of this act. A copy of Senate File 1197 is at- tached for your infonnatlon and reference. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed and made a matter of record and the recommendation be ap- proved. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. April 30, 1970 To the Honorable Mayor and City Council, This is to advise that I have ap- proved the following bonds and pol- Regular Session, May 4, 1970 165 icy, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY William Spiegel, Grinnell Mutual Reinsurance Co. SIDEWALK William O'Neill, Merchants Mutual Bonding Company Saffran Construction Company, Merchants Mutual Bonding Com- pany Wm. "Bill" Spiegel, Grinnell Mu. tual Reinsurance Co. Willy Construction Company, Ai- I lied Mutual Insurance Company Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved for filing approval subject to approval of the City Attorney. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. April 23, 1970 To the Honorable Mayor and City Council I am returning to you a petition for reactivating an alley running west from the 1400 block of Glen Oak and continuing north to Ver- non Street. Also, I am returning a petition for sealcoating Ridgeway. Enclosed is a letter from Cletus Allen indicating that he and Mr. White have reviewed both re- quests and that the jobs will be done this summer. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. April 29, 1970 Honorable Mayor and City Council I am returning to you the peti- tion of Hillcrest Investment Inc. for a stonn sewer through their property. I recommend that the petition be denied due to the large city cost involved in the sewer requested. I believe that the best course of ac- tion under the circumstances is to leave the existing drainage way open. I am enclosing a letter from City Engineer White dated April 23 which explains the details of the situation. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved to concur in the Manager's recommendation. Seconded by Councilman Couch. man. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. April 29, 1970 To the Honorable Mayor and City Council Please find attached letter to Mr. Herbert Meyer, 391 Mountain Lane, Dubuque, Iowa. In answer to Mr. Meyers letter sent to the City Council on the 6th of February, 1970 in relation to the condition of Mountain Lane. The letter explains how the street was put on the assessment program and had to be removed due to the high cost and the fact that the city only owned a 20 foot right-of-way and therefore, would have to purchase property. This made the cost of the project in- feasible. After detennining this, the City Engineering staff met with the City Street Commission- er, Cletus Allen, and determined that one way we could fix up the street is to repair the base and seal coat the street and also raise the lower 8 feet of Mr. Meyers drive 6 inches and filling in the low area with stone and seal coat- ing. Respectfully submitted, John L. White, P.E. City Engineer Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. NaYS-None. 166 Regular Session, May 4, 1970 April 29, 1970 To the Honorable Mayor and City Council Please find attached letter sent to Mr. James Hadiey explaining what we have done in answer to his letter that was sent to the City Council dated January 31, 1970 and July 23, 1969. The City Engineering staff re- viewed the sewer situation, exam- ined the stonn sewer, examined the sanitary sewer and determined that both sanitary and storm sew- er needed cleaning. We, therefore, cleaned out the sewer with a sewer bucket machine to remove any set- tled solids and also to detect any irregularities in the sewer. The City Street Department has done some work on fixing up the catch basins in the area. Very truly yours, John L. White, P.E. City Engineer Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried hy the follow- ing vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. April 29, 1970 Hon. Mayor and City Council Re: Rainbo Oil Company Rainbo Oil Company served no- tice of suit on the City of Dubuque claiming damages in the amount of $189,762.93 for damages allegedly resulting from negligence on the part of the City resulting in fire loss to the plaintiff. This matter was referred to the appropriate City Agency who thereafter served notice on the City that coverage was limited to the sum of $50,000.00 and there- after the City joined in making appropriate motions attacking said petition for damages on the grounds that Rainbo Oil Company is not the real party in interest and said motion was sustained hy Honorahle John C. Oberhausen, Judge, in order entered on the 24th day of April, 1970. This tenninates this facet of the action for the time being. at no cost to the City. Respectfully submitted, R. N. Russo City Attorney Mayor Meyers moved that the communication be received and filed and made a matter of rec- ord. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregier. Nays-None. April 24, 1970 Hon. Mayor and City Council On February 7, 1969, Catherine M. Poire commenced an action against the City of Dubuque, Iowa, Anthony Rhomberg and The Asper- mont Company claiming damages in the amount of $i5,Ooo.00 alleg- ing that she suffered injuries, same being a fractured hip and other in- juries as the result of a fall on or ahout March 7, 1967 in that she tripped over an oil-fill pipe located in the parkway between the curb and sidewalk abutting the property of the Aspennont Com- pany being approximately 483 Lo- cust Street in the City of Dubuque, Iowa. The said matter was referred to the City Attorney and on the 23rd day of April 1970, the plaintiff, Catherine M. Poire, filed Dismissal with prejudice against the defend- ants and said dismissal was at no cost to the City of Dubuque. Notice of claim and notice of suit is attached hereto. Respectfully submitted, R N. Russo City Attorney Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. April 29, 1970 Hon. Mayor & City Council On October 9, 1969, Mrs. Mary T. Hendricks of 1311 N. Grandview, this city, filed claim against the City of Dubuque in the amount of $140.86, claiming damages as the Regular Session, May 4, 1970 167 result of striking a large rock with her auto on East 4th Street Exten- sion near Petrakis Park on October 3, 1969 at 10:00 AM. Thereafter, said claim was re- ferred to the City Attorney who made an investigation of said mat. ter and referred said claim to the carrier for the sub-contractor haul- ing rip-rap to the river-front. On April 27, 1970, the City Attorney was advised that said claim had been satisfied in full and to the satisfaction of the claimant. In view of the foregoing, it is I the recommendation of the City Attorney that the claim filed against the City of Dubuque be de- nied. Original claim is returned here- with. Respectfully submitted, R N. Russo City Attorney Mayor Meyers moved that the communication be received and filed and made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None- April 28, 1970 Hon. Mayor & City Council On February 23, 1970, Agnes M. Terry of 2288 Jackson Street, this city, filed claim against the City of Dubuque, Iowa, for damages al- legedly suffered on February 18, 1970, claiming injuries suffered as the result of a fall on steps leading to the street at 658 W. Third, Du- buque, Iowa at about 6:30 P.M. on said date. This matter was referred to the City Attorney who has made an investigation of this matter and has reviewed pertinent law and finds that there is no actionable negligence on the part of the City of Dubuque, and in view of the foregoing, it is the recommenda- tion that the claim of Agnes M. Terry be denied. Original claim is returned here- with. Respectfully submitted, R N. Russo City Attorney Mayor Meyers moved that the communication be received and filed and made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of Claim of Bruce J. Heitz, in an undetermined amount, for property damage as the result of removal of diseased Dutch Elm Trees at 2500 Broadway, presented and read. Mayor Meyers moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of Suit of American States Insurance $30,000, Aetna Casualty & Surety $30,000, Trans- america Insurance $50,000 for a to- tal of $110,000 as the result of the Rainbo Oil Company fire on South Main Street on February 8, 1969, presented and read. Mayor Meyers moved that the noitce of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays-None. ORDINANCE NO. 22.70 An Ordinance Amending Ordi. nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by Repealing subsection 6.2.8 of Section 6.2 of Parking Meter District B thereof removing both sides of Seventh Street between Iowa Street and Main Street from said parking meter district, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that the rule requiring the reading of an Ordinance on three separate days he waived. Seconded by Coon- 168 Regular Session, May 4, 1970 cilman Pregler. Carried by the fol. lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. be """ '"'the' .- -- Pa"ed, appco'" deY of MaY, 1970. Dooald R. Meye" Mayo' Walt" A. p,..le' Wayne A. Moldenh""e, Gay",d M. C,"<hman J"eph J. Bine' C,"ndlmen ATTEST, F. F,ommelt - k The Tele.caph- Ith dOY ot May Leo F. Fcommelt CItY Cle,k. It. 5(1 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays-None. ORDINANCE NO. 23-70 An Ordinance Amending Ordi. nance No, 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended, by enacting a new I subsection 19 to Section A of Schedule III thereof to provide that eastbound and westbound vehicles on Keymont Street must stop before entering the intersec. tion of Vila lea Street and Key. mont Street, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that the rule requiring the reading of an Ordinance on three separate days be waived. Seconded by Coun. cilman Pregler. Carried by the fol. lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Moldon- hauer, Pregler. Nays-None. ... mo'oo -,.---- and Keymont Sl,.el. Pa"ed, appcoved and adopted \hI, 4th day of May, 1970. Donald R. Mey"" May" Welt" A. P,..l" WOY"" A. Moldenhave, Goyl"d M. C,"<hmoo J"eph J. Bitle' Co,ndlmelt ATTEST' Leo F. Fcommelt c;ty Cle,k p,bli,hed offklelty In The Tel..,eph- Hmld New,.epe, th" 7th dOY of MOY 1970. Leo F. Fcommelt City Cle,k. If. 51' Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 24.70 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection 7 to Section E. of Schedule III thereof to provide that eastbound vehicles on Key- mont Street must stop hefore en. teeing the intersection of Key- way Street and Keymont Street, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Regular Session, May 4, 1970 Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol. lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, COuchman, MoLden. hauer, Pregler. Nays-None. 169 man. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter Couchman, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Coun- cilmeu Bitter, Couchman, Molden- hauer, Pregler. Nays-None. "' va- '"""n. ""' S<eltl< ATTEST, Leo F. Fcommelt City C",. P,bli"'e' Om"elly In The Tele",ph- Hmld New'",pe, \hi, 7th day of May 1970. L" F. Fcommelt City Cle'k. 1f.5(1 OROINANCE NO. 25.70 An Ordinance Amending Ordi. nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa," as Amended, by enacting a new subsec!ion 20 to Section A of Schedule III thereof to provide that eastbound and westbound vehicles on Scenic View Drive must stop before entering the intersection of MarYVilie Drive and Scenic View Orive, presented and read. Councilman Bitter moved that the hearing just had be considered the first reading of the Ordinance. Seconded by Councilman Couch- Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. May 1, 1970 To the Honorable Mayor aud City Council I have met with representatives of the Dubuque Humane Society, reviewed the expenditures and revenues of the dog shelter opera- tion for the period August 15, 1969 to March 15, 1970, and estimated the budget for this operation for the year 1970. I estimate: Regular Session, May 4, 1970 _..:::--- The 1970 expenditure will be Seconded by Mayor Meyers. Car- $19,000 to $20,000. ried by the following vote: The 1970 receipts (under present Yeas-Mayor Meyers, Council- arrangements) will be $14,700. men Bl!ter, Couchman, Molden- The 1970 deficit will be $4,300 to hauer, Pregler. $5,300. Nays-None. Further, the cash flow of the Councilman Bitter moved that shelter operation is not sufficient the rule requiring an Ordinance to to pay all current bills. be read on three separate days be I have also reviewed the shelter waived. Seconded by Mayor Mey. record for the months of Novem. ers. Carried by the following vote: ber, 1969 through February, 1970. Yeas-Mayor Meyers, council- About 55 to 60 percent of the dog men Bitter, Couchman, Molden- population at the shelter is from hauer, Pregler. the City of Dubuque. Nays-None. . Bec~use of the difficult financial Councilman Bitter moved that a sltuatlon, and because. t~e opera- public hearing be held on the Ordi- tlOn of th.e dog s~elter. 15 lIUportant nance on May 18, 1970 at 7:30 p.m. for the cl!y and is bemg effectlVe- Daylight Saving Time, in the Coun- ly operated at less cost than the cil Chamber at the City Hall and eM could operate a se~arate shel- the City Clerk be instructed to pub- ter, I request that addlllOnal pay. lish notice of the hearing in the ments be made dunng .1970 to manner required by law. Seconded the Dubuque Humane Society. Un- by Councilman Couchman. Carried der a .contract dated March 1, 1969, by the following vote: the clt~. pays $4,000 per year fo; Yeas-Mayor MeyerS, Council- an addltlonal $3,000 be made avaL- men Bitter, Couchman, Molden- shelter service. 1 recommend that hauer Pregler. able for the current year. Nays-None. I have requested the City Audi. tor to draft an ordinance which Petition of Riverside Bowl re- will increase the 1970 budget ap. questing pennission to vacate Haw- propriation "Dog pound" by $3,000. thorne Street from Kerper Blvd. to This ordinance will be presented Lake Street from June 16th to 21st for your consideration and must for the benefit of Dubuque Boat be set down for public hearing be- Vacation and travel show, present. fore final passage. ed and read. Councilman Pregler I recommend that you favorably moved that the peti~io~ be referre.d consider the ordinance and that to the Dock Commission for their payments to the Dubuque Humane indica~ed action. Seconded by Society during 1970 be increased Councilma~ Couchman. earned by according to the suggestions of this the followmg vote: letter Yeas-Mayor MeyerS, council- . RespectfullY, men Bitter, Couchman, Molden. Gilbert D. Chavenelle hauer, Pregler. City Manager Nays-None. Councilman Pregler moved ap' Petition of Philip Langas et al proval of the recommendation. by Martin Hill, attorney requesting Seconded by Councilman Bitter. rezoning of property at 1105 Loras Carried by the following vote: Blvd., known as Phil's Pizza & Yeas - Mayor Meyers, Coun- Chicken Hut from Local Business cilmen Bitter, Couchman, Molden- "A" to Local Business "B" classifi- hauer, Pregler. cation, presented and read. Mayor Nays-None. Meyers moved that the petition be referred to the Planning & Zoning OR~INANCE N~. 26-70 Commission for investigation and An OrdInance amending th~ bud. report. Seconded by Councilman gat as approved by Ordinance Bitter. Carried by the following No. 4.70, vote: presented and re.ad. Yeas-Mayor Meyers, Council. Councilman Bitter moved that men Bitter Couchman Molden- the reading just had be considered hauer, pregier. ' the first reading of the Ordinance. Nays----None. 170 Regular Session, May 4, 1970 171 Petition of Mrs. Fanny Beiler, by David Kintzinger attorney, request- ing a quit claim deed to a vacated alley 20' wide abutting Lots 4 & 5 in Grandview Place vacated by Or- dinance adopted May 4, 1916, to clear title for the present property owner, John W. & Grace M. Riley, presented and read. Let the record show that a Quit Claim Deed was attached to the petition covering the above conveyance which the Mayor and Clerk were instructed to sign with the approval of the City Solicitor. Councilman Couchman moved approval of the petition and resultant action taken. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. Petition of Dubuquette Drill and Color Guard requesting a proclama- tion and permission to sell Dubu- quette buttons on May 22nd and 23rd, and May 29th and 30th on 8th and 9th on Main Street to support drill team events, presented and read. Mayor Meyers moved approv- al of the petition and referred same to the City Manager for im. plementation. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Dubuque Memorial sion to conduct a Memorial Day Pa- Day Committee requesting pennis- rade on May 30, 1970, presented and read. Councilman Couchman moved approval of the petition with referal to the City Manager for di- rection. Seconded by Mayor Mey- ers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Charles K. Petrakis et al (30 signers) requesting that the snow not alone he plowed but also be picked up from the 2500 block up to at least 26th street on Central Avenue, presented and read. Mayor Meyers moved that the petition be referred to the Manager and Street Department. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Edward G. Brown re- questing a refund of $100 on the unexpired portion of Class B Beer Pennit No. 115, discontinued busi- ness on April 29, 1970, presented and read. Mayor Meyers moved that the petition he granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Karen Heeren re- questing a refund of $125 on the unexpired portion of Liquor Li- cense No. C-M45, discontinued busL ness on April 6, 1970, presented and read. Mayor Meyers moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. April 27, 1970 To the Honorable Mayor and City Council I am enclosing letters from Mr. J. J. Hall and Mr. John L. White recommending that the Water Re- port submitted to you on April 13th by Henningson, Durham and Rich- ardson, and Cullen-Schiltz Asso- ciates be accepted I recommend that you adopt the proposed Resolution pertaining to this matter. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Preg'ler. Nays-None. 172 Regular Session, May 4, 1970 RESOLUTION NO. 115.70 Resolution approving engineering service agreement for water sup. ply and treatment facilities. WHEREAS, the City of Dubuque I Water Department entered into an agreement with Henningson, Dur. ham & Richardson, dated January 17, 1967; and WHEREAS, the engineering ser- vice agreement was entered into on that date; and WHEREAS, pursuant to said agreement a final report on water supply and water treatment as sub- mitted by Henningson, Durham & Richardson and Cullen, Schiltz & Associates, consultants, has been submitted to the Water Department I of the City of Dubuque, Iowa; and WHEREAS, said report includes a pre-design engineering study of the proposed water supply and wa- ter treatment facilities to be ex- tended or improved until the year 2000. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final report on water supply and water treat- ment as submitted by Henningson, Durham & Richardson and Cullen, Schiltz & Associates, consultants, I pursuant to the engineering ser- vice agreement as entered into by and between said consultants and the City of Dubuque, Iowa on Jan- uary 17, 1967 and which report in- cludes a pre-design engineering study of the proposed water supply and water treatment facilities to be extended or improved until the year of 2000, be and the same is hereby accepted and that said re- port be and the same is hereby ap- proved and adopted. Passed, approved and adopted this 4th day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenbauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler 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. 116-70 Resolution accepting delivery of grant of easement for flood pro- tection works. . WHEREAS, Flynn Ready-Mix Company has executed and deliver- ed to City of Dubuque, Iowa, a grant of perpetual easemeut in, on, over, across the following describ- ed real estate, to-wit: A parcel of land lying in Lot 9 of Block 4 of River Front Subdi- vision No.2 being a part of Flynn Ready - Mix Company 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 Dubuque Flood Control Plan. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa, by Flynn Ready-Mix Company, dated the 23rd day of April, 1970, be and the same is hereby accepted by the City of Du- buque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to ex- ecute the certificate of Clerk affix- ed to such granting instrument and cause said grant of perpetual ease. ment to be recorded in the office of the Recorder in and for Dubu- que County, Iowa, together with this Resolution. Passed, adopted and approved this 4th day of May, 1970. Donald R. Meyers Mayor Gaylord M. Couchman Joseph J. Bitter Wayne A. Moldenhauer Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Regular Session, May 4, 1970 173 RESOLUTION NO. 117.70 NOW, THEREFORE, BE IT RE- WHEREAS, SISTERS OF THE SOLVED BY THE CITY COUNCIL PRESENTATION, an Iowa corpora- OF THE CITY OF DUBUQUE, tlon, for consideration of $6,500.00 IOWA: paid by the City of Dubuque, Iowa, Section 1. That the Mayor and has granted a perpetual easement City Clerk be and they are hereby to the City of Dubuque in, over and authorized and directed to execute across the following described real the "Supplement No.4 to Right of estate, to-wit: Entry" for and one behalf of the That portion of Lot 1 of Lot 2 of City of Dubuque, Iowa. Byrnes Subdivision in the City of Section 2. That the City Clerk Dubuque, D~buque Co.unty, Iowa, be and he is hereby authorized and t~e boun?anes of whIch are de. directed to certify copy of this res- hneated m red on. t~.. ,~ttached olutlon together with original plat, marked ExhIbIt A and by "Supplement No.4 to Right of En. refe~ence made a p~rt hereof try" together with "Supplement and mcorporated herem. No.4 to Attorney's Certificate as NOW THEREFORE BE IT RE- to right-of-way to the department SOLVED BY THE CITY COUNCIL of the Army, Rock Island Corps of OF THE CITY OF DUBUQUE, Engineers, Clock Tower Building, IOWA: Rock Island, Illinois 61201. Section 1. That the grant of per- Passed, approved and adopted petual easement by SISTERS OF this 4th day of May, 1970. THE P~SENTATIO~, an Iowa Donald R. Meyers corporation, to the CIty of Dubu- Mayor que, Iowa, in and ove~ and across Walter A Pregler the. real estate herema!'ove de- Gaylord M. Couchman sCrIbed be and the same IS hereby Joseph J. Bitter accepted. Wayne A. Moldenhauer Passed, approved and adopted Councilmen this 4th day of May, 1970. Attest: Donald R. Meyers Leo F. Frommelt Mayor City Clerk Walter A Pregler Wayne A Moldenhauer Councilman Couchman moved Gaylord M. Couchman adoption of the resolution. Second- Joseph J. Bitter ed by Councilman Bitter. Carried Councilmen by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 119.70 WHEREAS, the tenD of the Com- missioner appointed to the Clty- County Authority, which appoint- ment has been made and shall be made by the City of Dubuque, Iowa, tenninates on the day of. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That John Shennan be and he is hereby appointed Com. missioner of the City-County Auth- ority effective April 13, 1970 for a tenD of four (4) years for the tenD commencing May 22, 1970. Section 2. That the appointment of John Shennan as such Commis- sioner by the City Council on the 13th day of April, 1970 be and the Attest: Leo F. Frommelt City Clerk Councilman Pregier 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. 118.70 WHEREAS, the U.S. Anny Corps of Engineers has forwarded the "Supplement No.4 to Right of Entry" for execution by the City of Dubuque, Iowa, and WHEREAS, said right of entry unto the United States of America is necessary in connection with the Mississippi River Flood Protection Project, and WHEREAS, the grant of entry to United States of America, et ai, should be approved. ill I 174 Regular Session, May 4, 1970 same is hereby ratified and con- finned. Passed, approved and adopted this 4th day of May, 1970. Donald It. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing 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 on resolution of neces- sity, proposed plans, specifications and form of contract for the con- struction of CITY OF DUBUQUE 1970 CONCRETE CURB & GUT- TER PROJECT NO.1 on L Locust Street from the S.P.L. of Fourth Street to the S.P.L. of Eighth Street. 2. Pennsylvania Avenue from the W.P.L. of Lot 2 of Lot 1 of E'k of SWY. of Section 21, T. 89 N. R 2E westerly to the Corporation limits, presented 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 Councilman Moldenhauer. carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Statement of City Clerk certify- ing that notices of public hearing were mailed by certified mail on April 15, 1970 to property owners of record, subject to assessment for construction of City of Dubuque 1970 Concrete Curb & Gutter Pro- ject No.1, presented and read. Mayor Meyers moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays---None. (Decision of Council upon object- ions to plans, specifications, fonD of contract and cost of improve- ments) RESOLUTION NO. 120--70 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1970 Concrete Curb & Gutter Project No.1 have heen approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all object. ions to said plans, specifications or contract for or cost of such im- provements, said time being this 4th day of May, 1970; and WHEREAS, the City Council met in regular session this 4th day of May, 1970, at 7:30 o'clock p.m. at the Council Chambers in the City Hall for the purpose of hearing all in- terested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to he heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci. ficatlons, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted- BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec. Regular Session, May 4, 1970 175 ord in connection with said im- , ty owners, deems it advisable and provement. necessary for the public welfare to Passed, adopted and approved make the herein mentioned im- this 4th day of May, 1970. provement, and unless property Donald R Meyers owners at the time of the final . Mayor consideration of this proposed as- Walter A Pregler sessments, they shall be deemed Wayne A: Moldenhauer to have waived all objections Gaylord M. Couchman thereto. Joseph J. Bitter Said improvement shall be COD- Councilmen structed and done in accordance Attest: with the plans and specifications Leo F. Frommelt which have been prepared there. City Clerk for by the City Engineer which have been approved by the City Councilman Couchman moved Council and are now on file with adoption of the resolution. Second- the City Clerk. That the cost and ed by Councilman Pregler. Carried expense of making said improve- by the following vote: ment will be assessed upon and Yeas-Mayor Meyers Council- against all privately owned prop- men Bitter Couchman' Molden- erty will be assessed whether the hauer, Pregier. ' same abuts thereon or is adjacent Nays-None. thereto according to area and in proportion to the special henefits (Necessity for Improvement) conferred thereby, and any defic- RESOLUTION NO. 85-70 iency shall be paid out of the Road WHEREAS, proposed plans, Use Tax fund.. Bonds. shall be specifications form of contract Issued and sold m antICIpatIOn of plat and sch~dule have been duly deferred payments of assessments prepared and approved by the City when a contract has been perfonn- Council of the City of Dubuque ed and accepted and the proceeds and are now on file in the office thereof used to pay the contractor. of the City Clerk showing among The raIlway portlOI? of any street other things the following' or assessment dl~tnct shall ~e as- 1. The assesment limits.' ~~:~~n~ and paid by the raIlway 2. The streets to be improved. The above resolution was intro-- 3. The wIdth of such improve- duced, approved and ordered plac- ment. ed on file with the City Clerk this 4. Each lot proposed to be as- 6th day of April, 1970. sessed together with a valuation fixed by the council. RECORD OF FINAL ADOPTION 5. An estimate of the cost of the The foregoing resolution was Proposed improvement, stating the finally passed and adopted, ~s pr?- same for each different type of posed, by the CIty CouncIl this construction and kind of material 4th day of May 1970. to be used. Donald R. Meyers 6. In each case the amount Mayor thereof which is estimated to be Walter A. Pregler assessed against each lot, for the Wayne A. Moldenhauer CITY OF DUBUQUE 1970 CON- Gaylord M. Couchman CRETE CURB & GUTTER PROJ- Joseph J. Bitter ECT NO.1 Councilmen L Loc:ust Street-from the S.P. Attest: L. of Fourth Street to the S.P.L. Leo F. Frommelt, of Eighth Street. CIty Clerk 2. Pennsylvania Avenue-from Councilman Pregler moved final the W.P.L. of Lot 2 of 1 of E. 'h adoption of the resolution. Second- of S.W. '4 of Section 21-T. 89N. ed by Councilman Bitter. Carried R:2E. westerly to the Corporation by the following vote: Unuts. Yeas - Mayor Meyers, Council- BE IT THEREFORE RESOLVED men Bitter, Couchman, Molden. that the City Council on its own hauer, Pregler. motion or upon petition of proper. Nays - None. Regular Session, May 4, 1970 Passed, adopted and approved this 4th day of May, 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 Couchman moved adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the 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 Pendency of resolution of neces- sity for public improvements and hearing upon proposed plans, spec- ifications, form of contract and cost of improvements for the con- struction of CITY OF DUBUQUE 1970 HOT MIX-HOT LAID AS- PHALTIC CONCRETE PAVING PROJECT NO.1 on the following named streets: 1. ASBURY ROAD-Maintenance patching near Woodlawn In- tersection. 2. CENTRAL AVENUE - from the N.P.L. of Ninth Street to the N.P.L. of Lot 2 of Lot 2 of Mineral Lot 363. 3. SOUTH GRANDVIEW AVEN. UE - S.P.L. of Kerrigan Road to the south end of the street. 4. JOHN F. KENNEDY ROAD- from the N.P.L. of Pennsyl- vania Avenue to the S.P.L. of Asbury Road. 5. LOCUST STREET - from the N.P.L. of 4th Street to the N.P.L. of 10th Street. 6. NINTH STREET - from the E.P.L. of Locust Street to the E.P.L. of Main Street. 7. PENNSYLVANIA AVENUE - from the W.P.L. of Lot 2-1-E.- 'h-S.W. ¥4.Section 21-T.89 N. R. 2 E. westerly to the Corp- oration Limits. 8. PENNSYLVANIA AVENUE - Street reconstruction near Westridge Drive. 9. RHOMBERG AVENUE - from the N.P.L. of Marshall Street to Wisconsin Bridge. 176 (Ordering Construction) RESOLUTION NO. 121.70 I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 85-70 which was duly passed by this Council, for the City of Dubuque 1970 Concrete Curb and Gutter Project No.1: LOCUST STREET-from the S.P.L. of Fourth Street to the S.P.L. of Eighth Street PENNSYLVANIA AVENUE-from the W.P.L. of Lot 2-1.E. 'h.S.W. V.-Section 21 T. 89 N. R. 2E. westerly to the Corporation Lim- its be and the same are hereby order. ed and constructed by this Council upon its own motion and with or without the petition of property ~~'::~f:d Af~ t~~c:roJ~n:~al~i~~ c~~~ I plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost aud expense of said improvements be paid for by levy- ing special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any, deficiency will be paid out of the Street funds of the City, or partly from each of such funds. Payment will be made to the contractor out of funds real- ized from the sale of Street Im- provement bonds to be issued in anticipation of deferred payments of assesments as provided by law after the work has beeu completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad. vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Regular Session, May 4, 1970 177 10. SHIRAS AVENUE - Replace- Mayor Meyers moved that the ment west of Rhomberg Aven- petition be received and filed. See- ue Intersection. onded by Councllmau Bitter. Car- ll. WHITE STREET - from the ried by the following vote: N.P.L. of 4th Street to the Yeas - Mayor Meyers, Council- N.P.L. of 10th Street men Bitter, Couchman, Molden- presented and read. Mayor Meyers hauer, Pregler. moved that the proof of publica- Nays - None. tion be received and filed. Second- Mayor Meyers moved that the ed by Councilman Bitter. Carried rules be suspended in order to let by the following vote: anyone present address the Coun- Yeas - Mayor Meyers, Councll- ell if they so desire. Secouded by men Bitter, Couchman, Molden- Councilman Pregler. Carried by hauer, Pregler. the following vote: Nays - None. Yeas - Mayor Meyers, Councll- Statement of City Clerk certify- men Bitter, Couchman, Molden- ing that notices of public hearing hauer, Pregler. on resolution of necessity were Nays - None. mailed by certified mail on April Attorney Dan Ernst addressed 15, 1970 to property owners sub- the Council in behalf of his clients ject to assessment according to the stating that the water main was record at the office of the Couuty installed last year and the re- Auditor for construction of City surfacing could have been done of Dubuque 1970 Hot Mix.Hot Laid then at less expense. Sister Mary Asphaltic Concrete Paving Project Barbara of Mt. Carmel made in- No.1, presented and read. quiry as to their assessment. Councilman Pregler moved that Leroy Machulda of 1655 S. the statement be received and fil- Grandview attributed the condition ed. Seconded by Mayor Meyers. of the street to the gas line fail- Carried by the following vote: ures. Yeas - Mayor Meyers, Councll- Bernard Bedtka of 2642 Central men Bitter, Couchman, Molden- Ave., K. Hafeman of 2755 Central hauer, Pregler. Ave., Reuben Pline of 2749 Central Nays - None. Ave, AI Schiltz of 2747 Central Communication of Daniel P. Ave. Jim McDonough Central Man- Ernst attorney submitting a peti. or Apt. building, Gene Heiberger tion on behalf of property owners of 2739 Central Ave., and Arnold objecting to paving of S. Grand. Schueller of 30va Central Ave. ob- view and requesting to be heard jected iu part of the paving pro- at the meeting. Mayor Meyers mov- gram but further objected mainly ed that the communication be reo to several existing conditions such ceived and filed. Seconded by as parking, snow removal and the Councilman Pregler. Carried by fact that Central is a State High- the following vote: way. m;;a~ilie~a~~u~::~~' ~~~~~~: (~ecision of Council up.o~ o~iec. hauer, Pregler. lions to plans, speclflcallo.ns, Na¡;s - None. ~~:':e~fe~:¡"'ract and cost of 1m. (6ie;:~~:t~:e~Oh~b~~t~;lst ett:~ RESOLUTION No. 122-70 Hot Mix-Hot Laid paving of S. WHEREAS, proposed plans aud Grandview Aveune from Kerrigan speclflcatlOns and form of contract Road presented and read. Mayor for the CIty of Dubuque 1970 HOT Meyers moved that the petition be MIX-HOT LAID ASPHALTIC PA. received and filed. Seconded by VING PROJECT NO.1 have .been Councilman Pregler. Carried by approved by the CIty Coun~¡J of the following vote: the CIty of Dubuque and pubhc no- Yeas - Mayor Meyers, Council- lIce glveu by Chapter 23 ~f the men Bitter, Couchman, Molden- Code of Iowa, 1950, pertaInIng to hauer, Pregler. public contracts and bonds, and Nays - None. the time and place fixed for the Petition of Mrs. Marie Haupert hearing of all objectious to said of 500 Kaufmann Ave. Obje. cting I plans, specifications or contract to the City spending $17,000 of for or cost of such improvements, taxpayer's money to pave S. Grand- I said time being this 4th day of view Avenue, presented and read. May, 1970; and Regular Session, May 4, 1970 plat and schedule have duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be asses- sed together with Ð valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. Iu each case the amount there- of which is estimated to he as- sessed against each lot, for the City of Dubuque 1970 HOT MIX-HOT LAID ASPHALTIC CONCRETE PAVING PRO- JECT NO.1. 1. Asbury Road - Maintenance patching near Woodlawn Iu. tersection. 2. Central Avenua - from the N.P.L. of Ninth Street to the N.P.L. of Lot 2 of Lot 2 of Mineral Lot 363. 3. South Grandvlew Avanua - S.P.L. of Kerrigan Road to the south end of the street. 4. John F. Kannedy Road - from the N.P.L. of Pennsylvania Ave- nue to the S.P.L. of Asbury Road. 5. Locust Street - from the N.P.L. of 4th Street to the N.P.L. of 10th Street. 6. Ninth Street - form the E.P.L. of Locust Street to the E.P.L. of Main Street. 7. Pennsylvania Avanue - from the W.P.L. of Lot 2-1-E. ,",-S.W. '!4-Section 21-T. 89 N. R. 2 E. westerly to the Corporation Limits. 8. Pennsylvania Avanue - Street reconstruction near Westridge Drive. 9. Rhomberg Avenue - from the N.P.L. of Marshall Street to Wisconsin Bridge. 10. Shira. Avenue - Replacement west of Rhomberg Avenue Iu- tersection. 11. White Streat - from the NP.L. of 4th Street to the NP.L. of 10th Street. 178 WHEREAS, the City Council met in regular session this 4th day of May, 1970, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested par- ties have heen given an opportuni- ty to he heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have heen made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all ohjections which have been filed to the plans, specifications and fonD of cost said improvement he made a matter of pennanent reo cord in connection with said im. provement. Passed, adopted and approved this 4th day of May, 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 Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. (Necessity for Improvement) RESOLUTION No- 89.70 WHEREAS, proposed plans, specifications, form of contract, Regular Session, May 4, 1970 179 BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final Con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con. I structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will he assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to ex- ceed the amount provided hy law, property will he assessed whether I the same abut. thereon or is ad. jacent thereto according to area and in proportion to the special henefits conferred thereby, and any deficiency shall be Paid out of the Road Use Tax. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has heen perform- ed and accepted and the proceed. thereof used to pay the contractor. The railway portion of any street or assessment district shall he as- sessed to and paid by the railway I company. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 6th day of April, 1970. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 4th day of May, 1970. Donald A. Meyers Mayor Walter A- Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved final adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. (Ordering Construction) RESOLUTION NO. 123.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a reso- lution of necessity No. 89-70 which was duly passed by this Council, for the City of Dubnque 1970 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1. 1. ASBURY ROAD-Maintenance patching near Woodlawn In- tersection. 2. CENTRAL AVENUE -- from the N.P.L. of Ninth Street to the N.P.L. of Lot 2 of Lot 2 of Mineral Lot 363. 3. SOUTH GRANDVIEW AVEN. UE-SP.L. of Kerrigan Road to the south end of the street. 4. JOHN F. KENNEDY ROAD- from the N.P.L. of Pennsyl- vania Avenue to the S.PL. of Asbury Road- 5. LOCUST STREET - from the NP.L. of 4th Street to the N.P.L. of 8th Street. 6. NINTH STREET - from the E.P.L. of Locust Street to the E.P.L. of Main Street. 7. PENNSYLVANIA AVENUE - from the W.P.L. of Lot 2.I-E. 'h-S.W. '!4-Sectlon 21 . T. 89 N. R. 2& westerly to the Corporation Limits. 8. PENNSYLVANIA AVENUE - Street reconstruction near Westridge Drive. 9. RHOMBERG AVENUE - from the N.P.L. of Marshall Street to Wisconsin Bridge. 10. SHIRAS AVENUE - Replace- ment west of Rhomberg Iuter- section. 11. WHITE STREET - from the N.P.L. of 4th Street to the N.P.L. of 10th Street be and the same are hereby order- ed and constructed by this Council upon its own motion and with or without the petition of property owners. Ail the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the CIty Clerk. 180 Regular Session, May 4, 1970 BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by I levying special assessments against the privatelY owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor. tion to the special benefits confer- red, and any deficiency will be paid out of the Street funds of the City. Payment will be made to the contractor out of funds realiz, ed from the sale of Street Improve- I ment Bonds to be issued in antici- pation of deferred payments of as- sessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im' provements herein provided for in the manner provided by law, the I said improvements shall be com- pleted on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of May, 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 moV- ed adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Meyers, Council- I men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. proof of publication" certified to by the publisher, of notice of public hearing on resolution of necessity and upon proposed plans, specifications, fonD of contract and cost of improvements for the construction of CITY OF DUBU- QUE 1970 BITUMINOUS CON- CRETE PAVING PROJECT NO.1 on the following named streets: 1. EAGLE POINT PARK-Road- way 325' Extension 2. FENELON PLACE-from the E.P.L. of Burch Street to the E.P.L. of Raymond Place. 3. KANE STREET - from the W.P.L. of Carter Road west to the end of the street. 4. KEY CORNERS-from the W. P.L. of Sharon Drive to the E.P.L. of Richie Drive. 5. KEYMONT DRIVE - from the E.P.L. of Key Knolls Subdi- vision to the W.P.L. of Key Knolls Subdivision. 6. KEY WAY-from the N.P.L. of Pennsylvania Avenue to the N.P.L. of Lot 6 Block "A" of Key Knolls Subdivision. 7. LEA LANE-from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 8. RICHIE DRIVE-from the N. P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 9. SHARON DRIVE-from the N. P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 10. VETERANS PARK ROAD - from W.P.L. of Balboa into Veterans Park. 11. VIZALEEA DRIVE-from the N.P.L. of Pennsylvania Aven- ue to the S.P.L. of Keymont Drive. Mayor Meyers moved that the proof of publication 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. Statement of City Clerk certify- ing that notices of public hearing on resolution of necessity were mailed by certified mail on April 15, 19'70 to property owners of rec- ord subject to assessment to pay for cost of constructing CITY OF DUBUQUE 1970 BITUMINOUS CONCRETE PAVING PROJECT NO.1, presented and read. Mayor Meyers moved that the statement be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays-None. Regular Session, May 4, 1970 181 Petition of Pat Schmitt et al (48 BE IT FURTHER RESOLVED signers) objecting to the paving of that this resolution containing the Fenelon Place, presented and read. decision of this Council upon all Mayor Meyers moved that the pe- objections which have been filed tltion be received and filed. Sec- to the plans, specifications and onded by Councilman Bitter. Car- form of cost said improvement be ried by the following vote: made a matter of permanent rec- Yeas - Mayor Meyers, Coun- ord in connection with said im- cilmen Bitter, Couchman, Molden. provement. hauer, Pregler. Passed, adopted and approved Nays-None. this 4th day of May, 1970. Mrs. Howes of 629 Fenelon Place Donald R. Meyers was of the opinion that the street Mayor is not in bad condtion that would Walter A. Pregler warrant replacement. Wayne A. Moldenhauer Decision of Council upon obfec. Gaylord M. ~ouchman tions to plans specifications Joseph ~. BItter form of contract' and cost of im: Attest: Councilmen prC;;:~~~;"ON NO. 124.70 Leo. F. Frommelt WHEREAS, proposed plans and Clty Clerk specifications and fonD of contract Councilman Couchman moved for the City of Dubuque 1970 Bltu- adoption of the resolution. Second- minous Concrete Paving Project ed by Councilman Bitter. Carried No.1 have been approved by the by the following vote: City Council of. the !èity .of Du- Yeas - Mayor Meyers, Coun- buque and publIc notlce gIVen as oilmen Bitter, Couchman Molden- provided by Chapter 23 of the hauer, Pregler. ' Code of Iowa, 1950, pertaining to Nays-None. public contracts and bonds, and the time and place fixed for the <Necessity for Improvement) hearing of all objections to said RESOLUTION No. 93.70 pions, specificat!ons or contract f?r WHEREAS, proposed plans, spo- or cost ~f such Improvements, saId cifications, fonD of contract, plat tlme bemg thIs 4th day of May, and schedule have been duly pre- 1970: and . . pared and approved by the City . WHEREAS, the Clt~ CouncIl met Council of the City of Dubuque and m regular sessIOn thIs 4th day of are now on file in the office of the May, 1970,. at 7:30 o'cl~ck P.M.. at City Clerk showing among other the CouncIl Chambers m the Clty things the following' Hall for the purpose of hearing all I '. . interested parties and considering' The assessment limIts. any and all objections which have 2. The str~ets to be Impr~ved. been filed to the proposed plans, 3. The wIdth of such Improve- specifications or contract for or ment. cost of the improvement herein de- 4. Each lot proPO~ed to be asses- scribed and proposed to be made' s~d together wIth ~ valuatIOn and ' fIxed ~y the counCIl. WHEREAS, all interested parties 5. An estlma.te of the cost of !he have been given an opportunity to proposed Improvement,. statmg be heard and all objections which the same for each dlffer~nt have been duly weighed and con- type of ~onstructlOn and kmd sidered' now therefore of materIal to he used. BE IT RESOLVED by the City 6. Iu each c~se th.e amount there- Council of the City of Dubuque, of whIch I~ estlmated to he as. that all objections which have been sessed agaInst each lot. for the made and filed to the plans, speci- CITY OF DUBUQUE 1970 BI- ficatlons, contract for or cost of TUNMINOUS CONCRETE PA- said improvement herein described VING PROJECT NO.1. and proposed to be made, be and 1. Eagle Point Park - Roadway the same hereby overruled and 325' Extension. such plans, specifications and form 2. Fenelon Place - from the E.P.L. of contract heretofore approved of Burch Street to the E.P.L. of are hereby adopted. RaYmond Place. 182 Regular Session, May 4, 1970 3. Kane Street. from the W.P.L. of Carter Road west to the end of the street. 4. Key Corners - from the W.P.L. of Sharon Drive to the E.P.L. of Richie Drive. 5. Keymont Drive - from the E.P.L. of Key Knolls Subdivi- sion to the W.P.L. of Key Knolls Subdivision. 6. Key Way - from the N.P.L. of Pennsylvania Avenue to the N.P.L. of Lot 6 Block "A" of Key Knolls subdivision. 7. Lea Lane - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 8. Richie Drive. from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Comers. 9. Sharon Drive - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Comers. 10. Veterans Park goad - from W.P.L. of Balboa into Veterans Park. 11. Vi.aleea Drive - from the N.P.L. of PennsylvaniA Avenue to the S.P.L. of Keymont Drive. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petiti<>n of -p.-oper- ty owners, deems it advisable and necessary for the public we]fare to make the herein mentioned im- provement, and unless property I owners at the time of the final.con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall he deemed to have waived all objections thereto. Said improvement shall he con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City CO"-ncil I and are now on file with the City Clerk. That the cost and expense of making said improvement wIn he assessed upon and against all privately owned property lying within assessable distance pt'O'Fided by law and in an amount not to ex- ceed the amount provided by law, property will he assessed whether the same abuts therec>n or is adja- cent thereto according to area and in proportion to the speeiaI bene- fits cooferred thereby, and any de. ficiency shaH he paid out of the Road Use Tax. Bonds shall be is- sued and sold in anticipation of de. ferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shaH be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with tbe City Clerk this 6th day of April, 1970. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 4th day of May 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 Couchman moved fi- nal adoption of the resolution. Se- conded by Councilman Bitter. Car- ried by the foHowing vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. (Qrdering Construction) RESOLUTION No. 125-70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a re- solution of necessity No. 93-70 which was duly passed by this Council, for the City of Dubuque 1970 Bituminous Concrete Paving Project No. l. 1. Eagle Point Park - Roadway 325' Extension. 2. Fenelon place - from the E.P.L. of Burch Street to the E.P.L. of Raymond Place. 3. Kane Street - from the W.P.L. of carter Road west to the end of the street. 4. Key Corners - from the W.P.L. of Sharon Drive to the E.P.L. of Richie Drive. 5. Keymont Drive - from the E.P.L. of Key Knolls Subdivi- sion to the W.P.L. of Key KnoUs Subdivision. Regular Session, May 4, 1970 183 6. Key Way. from the N.P.L. of and after its passage and adoption Pennsylvania Avenue to the by the City Council. N.P.L. of Lot 6 Block "A" of Passed, adopted and approved Key Knolls Subdivision. this 4th day of May, 1970. 7. Lea Lane - from the N.P.L. of Donald R. Meyers Pennsylvania Avenue to the Mayor S.P.L. of Key Corners. Walter A. Pregler 8. Richie Drive - from the N.P.L. Wayne A. Moldenhauer of Pennsylvania Avenue to the Gaylord M. Couchman S.P.L. of Key Corners. Joseph J. Bitter 9. Sharon Drive - from the N.P.L. Councilmen of PennsYlvania Avenue to the Attest: S.P.L. of Key Corners. Leo F. Frommelt 10. Veterans Park Road - from City Clerk W.P.L. of Balboa into Veterans Councilman Couchman moved Park. adoption of the resolution. Second- 11. Vi.aleea Drive - from the ed by Councilman Bitter. Carried N.P.L. of Pennsylvania Avenue by the folloWing vote: to the S.P.L. of Keymont Drive. Yeas - Mayor Meyers, Council- he and the same are hereby order- men Bitter, Couchman, Molden- ed and constructed by this Council hauer, Pregler. upon its own motion and with or Nays - None. without the petition of property owners. All the work shall be con- Proof of Publication, certified to structed in accordance with the by the Publisher, of notice of pub- plans and specifications heretofore lie hearing on resolution of neces- adopted and now on file in the of. sIty a.nd upon proposed plans, spec. fice of the City Clerk. ~~~:t~~ni%p~~~m~~ts c~~:r~~ c~':,~ BE IT FURTHER RESOLVED struction of CITY OF DUBUQUE that the cost and expense of the 1970 CONCRETE PAVING WITH said improvements be paid for by INTEGRAL CURB PROJECT NO. levying special assessments against 1 on the following named streets: the privately owned property lying I. Fifth Street from the east within the assessable distance from curb line of Locust Street to the the improvements, whether such west curb line of Central Avenue. property abut upon the same or 2. Fourth Street from the east are adjacent thereto, according to curbline of Locust Street to the the area thereof and in proportion west curbline of Central Avenue. to the special henefits conferred, 3. Ninth Street from the E.P.L. and any deficiency will be paid out of Main Street to the west curbline of Street funds of the city. Pay- of Central Avenue, ment will be made to the contract- presented and read. or out of funds realized from the No written objections were filed sale of Street Improvement bonds and no oral objectors were present to be issued in anticipation of de- in the Council Chamber at the time ferred payments of assessments as set for the public hearing. Mayor provided bv law after the work has Mevers moved that the proof of heen completed and accepted by publication be received and filed. the City Council. Seconded by Councilman Pregler. BE IT FURTHER RESOLVED ca;;:~ ~ ~~~o~o~~;~~, ~;~~Cil- that the CIty Clerk ?e and he IS men Bitter, Couchman, Molden- hereby ordered and directed to ad- hauer Pregler ;:~~~~O:o~f P[::s~~~~: :~~r~~:: Naýs - No~e. ments herein provided for in the Decision of Council upon obiec. manner proveded by law, the said tions to plans, specifications, improvements shall he completed form of contract and most of 1m- on or before 60 days after notice provements. to proceed has been issued. RESOLUTION NO. 126-70 BE IT FURTHER RESOLVED WHEREAS, proposed plans and that this resolution being deemed specifications and fonD of contract urgent and of immediate necessity for the City of Dubuque 1970 Con. shall be in force and effect from crete Paving With Integral Curb -- 184 Regular Session, May 4, 1970 Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (NecessitY for Improvement) RESOLUTION NO. 96-70 WHEREAS, proposed plans, spec- ifications, form of contract, plat aud schedule have been duly pre- pared and approved by the City council of the City of Dubuque and are noW on file in the office of the City Clerk showing among other things the following: 1. The streets to he improved. 2. Tho width of such improve- ment and the size and kind of sew. ers. 3. An estimate of the cost 'of the proposed improvement, stating the same for each differeut type of construction and kind of material to he used. CITY OF DUBUQUE 1970 CON- CRETE PAVING WITH INTEG- RAL CURB PROJECT NO.1 1. Fifth Street-from the East ('urbline of Locust Streets to the West curbline of Central Avenue. 2. Fourth Street-from the East Curbline of Locust Street to the West curbline of Central Avenue. 3. Ninth street-from the E.P. L. of Main Street to the West Curh. line of Central Avenue. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper. ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections they shall be deemed to have waived all objec. tions thereto. Said improvemeut shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the Ciyt Clerk. That the cost and ex. pense of making said improvement will be paid out of the Road Use Tax fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of April, 1970. Project No.1 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the I time and place fixed for the hear- ing of all objectious to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of May, 1970; and WHEREAS, the City Council met in regular session this 4th day of I May, 1970, at 7:30 o'clock p.M. at the Council Chambers in the City Hall for the purpose of heariug all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed aud con. sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de. scribed and proposed to be made, be and the same herebY overruled and such plans, specifications and fonD of contract heretofore ap- proved are herebY adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to ' the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 4th day of May, 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 Pregler moved adop. tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Regular Session, May 4, 1970 185 RECORD OF FINAL AOOPTION within the assessable distance from The foregoing resolution was ii- the improvements, whether such nally passed and adopted, as pro- property abut upon the same or posed, by the City Council this 4th are adjacent thereto, according to day of May, 1970. the area thereof and in proportion Donald R. Meyers to the special benefits conferred, Mayor and any defIciency will be paid out Walter A Pregler of the Street funds of the city. Wayne A. Moldenhauer BE IT FURTHER RESOLVED Gaylord M. Couchman that the City Clerk be and he is Joseph J. Bitter hereby ordered and directed to ad- Councilmen vertise for proposals for the con. Attest: struction of the various improve- Leo F. Frommelt ments hereiu provided for in the City Clerk manner provided by law, the said Improvements shall be completed Councilman Pregler moved ap- ?n or before 90 days after notice proval of the resolution. Seconded cO proceed has been Issued. by Mayor Meyers. Carried by the BE IT FURTHER RESOLVED following vote: that this resolution being deemed Yeas - Mayor Meyers, Coun- u,rgent and of immediate necessity cilmen Bitter, Couchman, Molden- s<1all be ,~ force and effect from hauer, Pregler. and after Its passage and adoption Nays-None. by the City Council. Passed, adopted and approved (Ordering Construction) this 4th day of May, 1970. RESOLUTION NO. 127.70 Donald R. Meyers BE IT RESOLVED by the City Mayor Council of the City of Dubuque Walter A. Pregler that pursuant to a resolution of Wayne A Moldenhauer necessity No. 96-70 which was duly Gaylord M. Couchman passed by this Council, for the JO~ePh Jij BItter City of Dubuque 1970 Concrete Attest. ounc men Paving with Integral Curb Project Leo 'F. Frommelt No.1. City Clerk FIFTH STREET-from the East Curb Line of Locust Street to . Councilman Pregler moved adop- the West Curb Line of Central tlOn of the resolution. Seconded by Avenue. Mayor Meyers. Carried by the fol. FOURTH STREET-from the East lowing vote: Curb Line of Locust Street to . Yeas -:- Mayor Meyers, Coun- the West Curb Line of Central cIlmen BItter, Couchman, Molden- Avenue. hauer, Pregler. NINTH STREET-from the E.P.L. Nays-None. of Main Street to the West Curb Line of Central Avenue. RESOLUTION NO. 128.70 Be and the same are hereby or- BE IT RESOLVED by the City dered and constructed by this Council of the City of Dubuque, Council upon its own motion and Iowa, that the following having with or without the petition of complied with the provisions of property owners. All the work law relating to the sale of Ciga- shall be constructed in accordance rettes within the City of Dubuque, wIth the plans and specifications Iowa be granted a permit to sell herefore adopted and now on file Cigarettes and Cigarette papers in the office of the City Clerk. within said City. BE IT FURTHER RESOLVED Woolworths Department Store, that the cost and expense of the Kennedy Mall said improvements be paid for by BE IT FURTHER RESOLVED levyin¥ special assessments against that the bonds filed with the ap- the prIvately owned property lying plication be approved. 186 Regular Session, May 4, 1970 Passed, adopted and approved this 4th day of May, 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 Bitter moved adop. tlon of the resolution. Seconded by Mayor Meyers. Carried hy the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 129.70 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applica- tions he granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Herbert F. Bisping, 1401 Elm Street Jeanann MaJerus, 253 Main Street Bernard N. Newton, Riverfront Ball Park Bernard N. Newton, Petrakis Park (Transfer Effective June 15 to 19) Bernard N. Newton, Riverfront Ball Park (Transfer Effective June 20) I Vincent A. Conrad, Kennedy Mall Stanley R. Nauman, 320 Main Street CLASS "C" BEER PERMIT Carl Van Duelman, 590 Clarke Drive Passed, adopted and approved this 4th day of May, 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 Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 130-70 WHEREAS, applications for Beer Permits have been filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Pennit. CLASS "B" BEER PERMIT Herbert F. Bisping, 1401 Elm Street Jeanann MaJerus, 253 Main Street Bernard N. Newton, River Front Ball Park Bernard N. Newton, Petrakis park (Transfer Effective June 15 to 19) Bernard N. Newton, Riverfront Ball Park (Transfer Effective June 20) Vincent A. Conrad, Kennedy Mall Stanley R. Nauman, 320 Main Street CLASS "C" BEER PERMIT Carl Van Duelman, 590 Clarke Drive 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 4th day of May, 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 Bitter moved adop. tion of the resolution. Seconded Regular Session, May 4, 1970 187 by Mayor Meyers. Carried by the be authorized to ,,"use to he issued foilowing vote: to the following named applicants Yeas - Mayor Meyers, Coon- a Liquor Permit. cilmen Bitter, Couchman, Molden- Class "C" hauer, Pregler. Commercial Eotablishmant Nays-None. Jeanann Majerus RESOLUTION NO. 131.70 253 Main Street WHEREAS, applications for Liq- VIncent A. Conrad uor Permits have been submitted Kennedy Mall to this Council for approval and Stanley R Nauman the same have heen examined 320 Main Street NOW THEREFORE BE IT 'RE- Passed, adopted and approved SOLVED by the City Council ofthe this 4th day of May, 1970. City of Dubuque, Iowa, that the Donald R Meyers following applications be granted Mayor and licenses issued npon the com- Walter A. Pregler pliance of the terms of the IOWA Wayne A. Moldenhauer LIQUOR CONTROL ACT-CHAP- Gaylord M. Couchman TER 123-as amended by the 60th Joseph J. Bitter General AssemblY. 1963. Councilmen Class "C" Attest: Commercial Establish_nt Leo F. Frommelt Jeanann MaJerus City Clerk V~~e ~: Street Councilman Bitter moved adop- Ke::n.d - ~fad tion of the resolution. Seconded by Stanley RY Nauman MaJ:'°r Meyers. Carried by the fol- 320 Main Street lowIng vote: . Passed, adopted and approved Yeas :- Mayor Meyers, Council. this 4th day of May, 1970. men BItter, Couchman, Molden- Donald R Meyers hauer, Pregler. Mayor Nays - None. Walter A. Pregler RESOLUTION NO. 133-70 Wayne A. Moldenhauer Gaylord M. Couchman WHEREAS, on the 16th day of Joseph J. Bitter February, .1970, the City CouncIl Councilmen of the City of Dubuque, Iowa, Attest. passed, approved and adopted Re- Leo' F. Frommelt solution No. 28-70 being resolution City Clerk to establIsh a Low Rent HoUSIng Agency for the City of Dubuque, Councilman Bitter moved adop- Iowa and establish a Board of !Ion of the resolution. Seconded by Com¡',,¡ssioners as well as the Mayor Meyers. Carried by the foI- terms, duties, powers and authority lowmg vote: . of said commissioners, and Yeas .- Mayor Meyers, CouncIl- WHEREAS, on the 20th day of men BItter, Couchman, Molden- April, 1970, the City Council of hauer, Pregler. the City of Dubuque, Iowa appoint- Nays - None. ed a Board of Commissioners for RESOLUTION NO. 132.70 said Low.Rent Housing Agency and WHEREAS, applications for Liq- said Commisstoners heing as fol- uor Permits were f"ùed by the lows and for the folloWlJ1g terms: within named applicants and they Mrs. Thomas M. Fleming, 1 year. have received the approval of this 200 South mil Street Council, and Dubuqne, Iowa WHEREAS, the premises to be Mr. Hal F. Reynolds, 1 year. occupied by such applicants were 222 Fischer Bnilding inspected and found to comply Dubuque, Iowa with the State Law and aU City Mr. James W. Grant, 2 years. ordinances relevant thereto and 431 Alpine they have filed proper bonds; Dubuque, Iowa NOW THEREFORE BE IT RE- ReT. Robert P. Odden, 2 years. SOLVED by the City Council of 164 Nevada Dubuque, Iowa, that the Manager Dubuque, Iowa Regular Session, May 4, 1970 Actual Value (tOO%) ~r:: ::::::::::::::::::::::::::::::::::~1,~~~:~¡~ Total ..................................$2,121,176 Assessed Value (27%) Land ..................................$ 94,860 Bldg. ..................................$ 477,858 Total ..................................$ 572,718 The City Board of Review de- nied the petition and the decision was appealed to DIstrict Court. Be- fore going into Court, City Solici- tor Romolo Russo and 1 consulted with Mr. Thomas Valentine, a pro. fessional appraiser with the J. M. Cleminshaw Co. Appraisal Finn, as to what the fair market value would be at the present time. Us- ing the income capitalization ap- proach to value, we arrived at the following actual valuation. Actual Value (tOO%) Land ..................................$ 351,333 Bldg. ..................................$1,015,229 Total ..................................$1,366,562 Assessed Value (27%) Land ..................................$ 94,860 Bldg. ..................................$ 274,112 Total ..................................$ 368,972 This would reflect a reduction in actual value of $754,614 and assessed value of $203,746. Based on the foregoing valua- tions, the City Solicitor made such offer of settlement accordingly for the year 1969, to the plaintiff Frank J. Roshek. It is the recommendation of your City Assessor, upon advice by Mr. Valentine and Mr. Russo, that said settlement for the year 1969, be approved. Respectfully submitted, James J. Gregory City Assessor Dubuque, Iowa Copies to: Dubuque Community School Board and Dubuque County Board of Supervisors. Dated: March 30, 1970 The undersigned herewith con- curs with the foregoing. R. N. Russo City Attorney 188 William J. Witt, 2 years. 2628 Crissy Drive Dubuque, Iowa NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section t. That the above named persons appointed to the Board of Commissioners of the Low.Rent Housing Agency for the City of Dubuque, Iowa and which appoint- ments were made on April 20, 1970, each and all of said appoint- ments be and the same are hereby ratified and confirmed both as to those named as appointees and for the respective term of office of each appointee, all of which terms shall commence April 20, 1970. Passed, approved and adopted this 4th day of May, 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 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. March 27, 1970 Dubuque City Council To the Members of the City of Dubuque Conference Board: RE.: Protest of assessment of real estate on Rosbek Dept. Store located at 7th & Lo- cust - legal description City Lots 141, 142, 143, 143A, 144 & 145. On May 19, 1969, a protest of assessment on the above described real estate was presented to the City Board of Review by Attorney William Fuerste on behalf of Frank J. Roshek, owner of the pro- perty. The property was assessed as follows: Regular Session, May 4, 1970 189 Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. March 27, 1970 Dubuque City Council To the Members of the City of Dubuque Conference Board: RE.: Protest of assessment of real estate on Kennedy Mall Inc., owners of Youn- kers Dept. Store located in Kennedy Mall Shopping Center - legal description Lotloflofloflofll of Hawkeye Stock Farm. On May 19, 1969, a protest of assessment on the above described real estate was presented to the City Board of Review by Attorney Martin Cooney on hehalf of Ken- nedy Mall Inc., Owner of the Youn- kers building. The property Was assessed as follows: Actual Value (tOO%) Land ........................................Leased Bldg. ....................................$781,833 Total ...............................$781,633 Assessed Value (27%) Land """"""""""""................Leased Bldg. ....................................$211,095 Total ....................................$211,095 The City Board of Review de- nied the petition and the decision was appealed to District Court. Be- fore going into Court, City Solici. tor Romolo Russo and I consulted with Mr. Thomas Valentine, a pro- fessional appraiser with the J. M. Clemenshaw Co. Appraisal Finn, as to what the fair market value would he at the present time. Us- I ing the income capitalization ap- proach, we arrived at the follow- ing actual valuation. Actual Value (tOO%) Land ........................................Leased Bldg. ....................................$399,373 Total ...................................$399,373 Assessed Value (27%) Land ........................................Leased Bldg. "..................................$107,831 Total ....................................$107,831 This would reflect a reduction in actual value of $382,460 and assessed value of $103,264. Based on the foregoing valua- tions, the City Solicitor made such offer of settlement accordingly for the year 1969, to the plaintiff Ken- nedy Mall Inc. It is the recommendation of YOur City Assessor, upon advice by Mr. Valentine and Mr. Russo, that said settlement for the year 1969, be approved. Respectfully submitted, James J. Gregory City Assessor Dubuque, Iowa Copies to: Dubuque Community School Board and Dubuque County Board of Supervisors. Dated: March 30, 1970 The undersigned herewith con- curs with the foregoing. R. N. Russo City Attorney Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Dub u que County Board of Supervisors, ad- dressed to the Mayor, requesting a meeting to discuss the appoint- ment of a third memher of the CountY-City Authority, presented and read. Councilman Bitter moved that the communication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. There being no further business Councilman Bitter moved to ad. journ. Seconded by Councilman Regular Session, May 4. 1970 OFFICIAL Special Session, May 11, 1970 191 190 Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, council- men Bitter, CoucJ1maI1, Molden- hauer, Pregler. Nays - None. Leo F. FrOtnmelt CitY Clerk CITY COUNCIL' Special Session, May 11, 1970. Council met at 7:30 P.M. Central Daylight Time. Present - Mayor Meyers, Coun- dlmen 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 for the purpose of author. izing the sale, issuance and deliv. ery of Project Notes in the aggregate principal amount of $3~ 235,000.00 and the execution of Requisition Agreement No. 2.1970 I in connection with the Downtown Urben Renewal Project Iowa R.15, and acting upon such other busi- ness as may properly come hefore a regular meeting of the City Council. Communication of Wm. Thul of 2660 Queen Street objecting to baseballs being batted into his yard from the Burden Avenue play. ground resulting in property da- mage and danger to cWldren, pre- sented and rea d. Councilman Couchman moved that the com- munication be referred to the I Manager for investigation and reo POrt and also the City Solicitor. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. APproved 19'10 Adopted 1870 ............................................................ ......................................................""" ............................................................ ............................................................ ........................................................... Councilmen Attest: """"ëiiiÿ"Ci~~k""""""""""" May 6, 1970 To the Honorable Mayor and Memhers of the City Council Iu accordance with the provis- ions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted examina- tions on April 29, 1970 for position of Housing Iuspector. The following named applicants have passed the written examina. tions and their names are hereby certified. Becwar, David T. Zimmerman, Paul II. Nelson, Delbert R. 84% 75% 73% Gruher, Paul W. 71 % Stonkas, Robert A 70% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy II. Giles Civil Service Commission Attest: Leo F. Frommelt Clerk Civil Service Commission State of Iowa, County of Dubuque SS: Subscrihed and sworn to before me this 6th day of May, 1970. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. May 4,1970 To the Honorable Mayor and City Council A request has been received from Mrs. Ralph E. Kelly, 1510 University, for a street light at Stewart Street Exteusion. The location has been investiga. ted and it is reported to be unns- ual. Normally it would he consider- ed an alley not subject to street lighting; however, four residences face on this way. It is recommended that a 175 watt mercury vapor light with a short bracket he installed on a pole located at the northerly end of Stewart Street Extension. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the recommendation be approved. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. May 7, 1970 To the Honorable Mayor and City Council This is to advise that I have ap. proved the following policy and III 192 Special Session, May 11, 1970 bonds, and desire to have your ap- proval on same. comprehensive Liability William Becker & Sons Stone Co. Iowa National Mutual Iusurance Co. Sidewalk James G. Becker Western Surety Company Horizon West Subdivision- John T. Link Merchants Mutual Bonding Co. RespectfullY, Gilbert D. Chavenelle City Manager Councilman Pregler moved for filiug approval subject to approval of the City Solicitor. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- I men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of City Solicitor recommending that the vacated portion of Prospect Street abutting Lots 38, 39, 40 and 41 be vacated and sold to the petitioned William Woodward, presented and read. Mayor Meyers moved that the rules be suspeuded in order to let anyone present address the Coun- cil if they so desire. Seconded by I Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. Attorney Francis J. O'Connor, representing William Klauer, who is interested also in acquiring a portion of vacated Prospect Street, stated that a date of hearing to dispose of the property should only be set after judgment has been made that the property be disposed of. I Councilman Pregler moved that the communication be referred for proper proceediugs and the date of public hearing be set for June 29, 1970 at 7:30 o'clock P.M. in the Council Chamber at the City Hall. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of Claim of Anna ¡a'ae Breckler, in an undetermined ---~ amount, for personal injuries reo ceived in a fall at University & Pennsylvania Ave. on Fehruary 4, 1970, presented and read. Council- man Bitter moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldeu- hauer, Pregler. Nays - None. Notice of claim of Marie M. paar of 2508 Windsor Ave., in the amouut of $75.00 for personal in- juries received in a fall as the re- sult of a protruding water shut off at 2914 piuard Street on April 20, 1970, presented aud read. Council- man Bitter moved that the notice of claim be referred to the City S)licitor for investigation and re- port. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. Notice of Suit of Mrs. Ray (Sa- lome) Hanten, in the amount of $15,000 for personal injuries re- ceived in a fall on an ice covered sidewalk adjacent to Bryant School on January 19, 1969, presented and read. Councilman Bitter moved that the notice be referred to the City Solicitor for investigation and report. Secouded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 27.70 An Ordinance Amending and Changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change Lot20f20f10f20f1of2 of 1 of 1 of M. L. 67 in the City of Dubuque, Iowa, from Two Family Residence District Classi. fication to Multiple Residence District Classification. Presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Special Session, May 11, 1970 193 Ordinance. Seconded by Council- as a parking area for their per- man Bitter. Carried by the follow- sonnel working at their Dodge ing vote: Street station, presented and read. Yeas - Mayor Meyers, Coun- Councilman Pregler moved that cilmen Bitter, Couchman, Molden- lhe petition be referred to the hauer, Pregler. Manager and staff for investiga- Nays-None. tion and report. Seconded by Ma. Councilman Couchman moved yor Meyers. Carried by the follow- that the rule requiring an Ordi- m~:~:e,- Mayor Meyers, Coun- nance to be read on three separate -.'1 B'tt C h M ld days be waived. Seconded by ~I men I er~ ouc man, 0 en- Councilman Bitter. Carried by the "a~er, Pr~gle . following vote; ays- one. Yeas - Mayor Meyers, Coun- Petition of Charles E. Leppert cilmen Bitter, Couchman, Molden- ct al (85 signers) praying for relief hauer, Pregler. of an unsightly and unsanitary con- Nays-None. dition existing on the property 10- Councilman Co~chman moved ~:~~~d a:n¿7;:adW~~~n~A~:~ ~~~: that a lJUblIc hearmg be held on denhauer moved that the petition the Ordmance on Jun~ 1, 1970 at be referred to the Building Com- 7:30 P.M. DaylIght Savmg Time m missioner to notify the parties in- the Council Chamber at the CIty valved that action by this body Hall and that the. CIty Clerk be m- will be deferred for thirty days as structed. to publIsh notIce .of the the result of information submit- hearmg m the manner r~qUlred by led by Mr. Bandy. Seconded by law. Seconded by Councll!"an ~It: Councilman Couchman. Carried by ter. CarrIed by the followmg voce. the followin" vote' . Yeas ---:- Mayor Meyers, Coun- Yeas - Mayo; Meyers, Coun- cilmen BItter, Couchman, Molden- cilmen Bitter Couchman Molden- hauer, Pregler. hauer, Pregle~. ' Nays-None. Nays-None. Petition of Peoples Natural Gas Proof of Publication certified requesting permiS3ÍDn to excavate to by the Publisher of' notice of at 2021 N. Main Street, presented sale of project Notes 'in the amount and read. Mayor Meyers moved of $3,235,000 to aid in financing that the petition be granted. Sec- Downtown Urban Renewal Project o!,ded by Councilman Pregler. Car- iowa R-15, presented and read. rIed by the followmg vote: No written objections were filed . Yeas ---:- Mayor Meyers, Coun- and no oral objectors were present cIlmen Bitter, Couchman, Molden- in the Council Chamber at the ha~:~s~~~~":.' lime set for the public hearing. CouncIlman Pregler moved that Petition of Norbert G. Pape et the proof of publication be re- ux requesting rezoning of their ceived and filed. Seconded by property located at 3370 Asbury Councilman Couchman. Carried by from Multiule Family to Business the following vote: "B" classification, presented and Yeas - Mayor Meyers, Coun- read. Councilman Pregler moved oilmen Bitter, Couchman, Molden- that the petition be referred to hauer, Pregler. the Planning & Zoning Commis- Nays-None. sion for investigation and report. RESOLUT ON N 134-7 Seconded by Mayor Meyers. Car- . I . .0. 0 ried by the following vote: Resolution Auth~rlZlng the S~le, Yeas - Mayor Meyers, Coun- Isuance. and Dehvery of Pr~lect cilmen Bitter Couchman Molden- Notes In the Aggre..te Prrne!- hauer Pregle~ ' pal Amount of $3,235,000.00 and NaÝs-None: ~":re.~:~~ti~:. ;.~97~e1~is~~~~ Petition of Clark Oil & Refining nection With the Downtown U... Corporation requesting rental of ban Renewal Project, Project a piece of city owned real estate No. Iowa R-15 along Dodge Street at a suggested I WHEREAS, City of Dubuque price of $25.00 per year to be used (herein called the "Local Issuing 194 Special Session, May 11, 1970 Agency") has entered into one or spects, approved, ratified and - more contracts (which, together firmed. con With any supplements thereto or . amendments or waivers of any Section 2. In order to provide provlSlons thereof, are herein call- funds to pay expenses mcurred or ed the "Contract") with the United to be mcurred m the development States of America (herein called of the ProJect, or to refund, re- the "Govermnent") providing for new or extend its outstanding a loan by the Government to the Notes Issued m connection there- Local Issuing Agency for financing wl!h, the Loeal Issuing Agency the urban renewal, low-rent hous- hereby determmes to borrow the ing or redevelopment project(s) sum of. Three Million Two Hun- described in the Contract and dred Thirty FIve Thousand Dollars herein called the "Project'" and ($3,23'5,000.00) and issue its nego- WHEREAS, pursuant to ~dver- tiable .Project Notes therefor. tlsement for the receipt of propos- Section 3. The Local Issuing Ag- als for the purchase of the Second ency hereby ratifies and approves Series 1970 of Project Notes (here. ;he form ~f each proposal herein- m sometimes called "New Project "fter m thIs SectlOn 3 enumerated Notes") of the Local Issuing Ag- for the purchase of the designated ency aggregating $3,235,000, which prm~lpal amount of Notes and de- appeared in a Notice of Sale pub- tennmes that each such proposal lished on April 21 and 28, 1970, in offers to pu!chase such Notes at the Telegraph Herald in the City the lowest mterest rates and is of Dubuque, Iowa and in The Daily therefore accepted, and said Notes Bond Buyer in the City of New are hereby awarded to the porch- York, New York, proposals for aser, as follows: the purchase of the New Project Principal Amount: $3,235,000.00 Notes in the fonD approved by the Interest Rate: 5.15% Local Issning Agency were receiv- Purchaser: Bank of America, N. T. ed, opened, and canvassed at the & S. A., First National City (¡me and place mentioned in said Bank, Continental Illinois Na. advertisement, to wit: at Council tional Bank and Trust Company Chambers, 13th & Iowa, City Hall of Chicago, First Boston Corp- in the City of Dubuque, Iowa at oration and Mellon National One o'clock P.M. E.D.S.T., on Bank and Trust Company Yay 5, 1970, which proposals are Section 4. Each Note shall be as follows: dated June 2, 1970, shall be pay- Name of Bidder: Bank of America, able as to both principal and inter- N. T. & S. A., First National City est to bearer, on October 16, 1970, Bank, Continental Illinois Na- and, pursuant to each proposal for tional Bank and Trust Company the purchase of said Notes herein- of Chicago, First Boston Corpora- above accepted, shall bear the rate tion and Mellon National Bank of int~rest per annum, payable at and Trust Company maturity; shall bear the numbers Interest Rate: 5.15% and be in the denominations; and Principal Amount: $3,235,000 shall be payable as to both prin- Premium: $79.00 clpal and mterest at the incorpor- Name of Bidder: Morgan Guaranty ated bank having trust powers or Trust Company of New York mcorporated trust company, as and Salomon Brothers and Hutz- follows: ler, 23 Wall Street, New York, Purchas..: Bank of America, N.T. New York 10015 and SA, First National City IntMII$! Rate: 5.23% Bank, Continental lllinois Na. Principal Amount: $3,235,000 tional Bank a~d Trust Company Premium: $27.00 of ChiCago, First Boston Corp. NOW, THEREFORE, BE IT RE- oration, and Mellon National Bank SOLVED by the CITY COUNCIL and Trust Company. OF THE CITY OF DUBUQUE as Interest follows' Numbers Denominations Rate $..¡;~n 1. The aforesaid publica- 1~~I $lg~'~ 5.15% tion of the Notice of Sale and the 32-55 25'000 fOnD and contents thereof as so 56-71 10'000 pupbllshed are hereby, in all re- 72-86 5:000 Special Session, May 11, 1970 195 Payable At: First National City Bank, III Wall Street, New York, New York 10015 None of such Notes shall be valid until after the bank or trust company at which it is payable shall have signed the agreement, appearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signa- I ture of the Mayor and City treas- urer of the Local Issning Agency and shall have the corporate seal of the Local Issuing Agency im- pressed, imprinted or reproduced thereon and attested by the City Clerk, and said officers are hereby authorized and directed to cause said Notes to be properly executed. Section 5. Each such Note shall be in substantially the form of HUD-901O, which is incorporated I herein by referenee, and shall be secured by an agreement entitled "Requisition Agreement No. 2- 1970" (herein called the "Requis- ition Agreement"), inn substantial. ly the form of HUD-9003, which is incorporated herein by reference, to be entered into between the Local Issuing Agency and the Government. Section 6. The Reqnisitlon ;t~r~~~~n~f S¡;:~l ~:al e~::~~d A~ I ency by the manual or facsimile signature of the Mayor of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impressed, imprinted or reproduced thereon and attested by the City Clerk, and said officers are hereby authorized and directed to cause the Requisi- tion Agreement to be properly exe- cuted. Section 7. For the punctual pay- ment of the principal of and inter- est on the New Project Notes, the I Local Issuing Agency hereby ex- pressly and irrevocably promises to pay any sums which may be received from the Government pursuant to the Reqnisitlon Agree- ment relating to such series of Project Notes and said Agreement, when executed by the Govern- ment, when executed by the Gov- ernment, is hereby declared to be and is hereby assigned by the Local Issuing Agency for the hene. fit or the hOlder or holders from time to time of the New Project Notes. All contributions, funds and amounts authorized or requir- ed by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obli- gations", "Advance Notes" or "Per- manent Notes") as issued in Con- nection with the Project are here- by irrevocably pledged to secure the payment of the principal of and interest to maturity on the New Project Notes. Such pledge and the lien created thereby shall cease and tenninate when monies or investment secur- ities convertible into cash not lat- er than the maturity date of the New Project Notes, sufficient and for the purpose of paying the prin- cipal and interest to maturity on such Notes, are deposited with the paying agent or agents for such Notes. Section 8. The proceeds derived from the sale of the New Project Notes, together with such amount of other funds of the Local Issu- ing Agency as may be necessary, shall he applied, simultaneously with the receipt of said proceeds, in accordance with the provisions of the Requisition Agreement. Section 9. The City Treasurer is hereby authorized and directed to send promptly a letter to each pay- ing agent for the New Project Notes in substantially the form of HUD-9004, which is Incorporated herein by reference, and to trans- mit therewith (a) the New Project Notes for which the addressee is the paying agent for delivery and payment and (b) a signature cer- tificate and receipt, in accordance with the tenus of said letter, and to take such 'other actions as may be required to complete the de- livery transaction in accordance with the terms of the letter to the paying agent. Passed, approved, and adopted this 11th day of May, 1970. Donald R. Meyers Mayor Walter A Pregler Wayne A Moldenhauer Gaylord M. Couchman Joseph J. Bitter City Councilmen Attest: Leo F. Frommelt City .Clerk 196 Special Session, May 11, 1970 Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Moldenhauer. carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 135.70 APPROVING AND AMENDING FOR THE EXECUTION OF FIRST ~~~~ciN~~1~~~. I IOWA R-IS (LG) BY AND BE- TWEEN THE CITY OF DUBUQUE, lOW A AND THE UNITED STATES OF AMERICA WHEREAS, under date of July 26, 1967, the City of Dubuque (herein called the "Local Public Agency") and the United States of America (herein called the "Gov- ernment") entered into a Loan and Capital Grant Contract No. Iowa R-IS (LG) for the undertaking of ' the Downtown Urban Renewal Pro. ject, Iowa R-lS, and WHEREAS, it is necessary to re- move from said Contract an out- moded provision establishing a ceiling of six percent pe annum on the interest rate which may be fix. ed by the Govermnent for a direot Federal loan; nOW therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- I BUQUE, IOWA: Section 1. The pending proposed First Amendatory Contract (herein called the "Amendatory Contract") amending that certain Contract No. Iowa R-IS (LG), dated the 26th day of July 1967, by and between the City of Dubuque, Iowa, and the United States of America is here. by in all respects approved. Section 2. The Mayor is hereby authorized and directed to execute said Amendatory Contract in two I counterparts on hehalf of the Lo- cal Public Agency, and the City Clerk is hereby authorized and di- rected to impress and attest the of. ficlal seal of the Local Public Agency on each such counterpart, and to forward such counterparts to the Department of Housing and Urban Development, for execution on hehalf of the Government, to. gether with such other documents relative to the approval and execu- tion of such counterparts as may be reqnired by the Govermnent. Passed, approved and adopted this 11th day of May, 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. RESOLUTION No. 136.70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiled with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, he granted a permit to sell Ciga- rettes and Cigarette Papers within said City. Stuart Matts, 914 Dodge Street. BE IT FURTHER RESOLVED that the bonds filed with the appli. cation he approved. Passed, adopted and approved this 11th day of May, 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 tbe resolution. Seconded by Coun- cil man Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. RESOLUTION No. 137.70 WHEREAS, Walter Reuther was tragically killed in an airplane crash on Saturday, May 9, and WHEREAS. Walter Reuther was the leader of 1.6 million United Auto Workers, and Special Session, May 11, 1970 197 WHEREAS, Walter Reuther was There heing no further business the respected union leader of many Councilman Couchman moved to of our Dubuque citizens, adjourn. Seconded by Councilman NOW, THEREFoRE, BE IT HE- Bitter. Carried by the following SOLVED BY THE CITY COUNCIL vote: OF THE CITY OF DUBUQUE, Yeas - Mayor Meyers, Council- IOWA: men Bitter, Couchman, Molden- Section I. That a state of mourn- hauer, Pregler. ing is hereby declared for the late Nays - None. Walter Reuther from Monday, May Leo F. Frommelt 11 through Friday, May IS. City Clerk Section 2. That the City Council requests the citizens of Dubuque to join in acknowledging the memory I Approved ....................................1970. of the giant of the American labor movement. Passed, approved and adopted Adopted ......................................1970. this 11th day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Attest: Leo F. Frommelt City Clerk ............................................................ Councilmen Attest: .................................................. City Clerk 198 Speçial SeSS\Ol), May 18,1970 CITY' COUN C' .11', Mayor ,Meye, r~mov,ed,',that the re- It. por.. b~ receIved and filed. Sec. onded by Counclln>an Couchman. OFFICIAL Carried by the following vote: Yeas - Mayor Meyers, Coun- Special Session, May 18, 1970. cilmen Bitter, Couchman, Molden- Council me! at 7,:¡O P.M. Central hauer, Pregler. Daylight Tima. Nays-None. Present.Mayor Mayers, Council- May 15, 1970 men Bitter. Co~chmon, Molden. To the Honorable Mayor hauer, Pregler. and City Council City Manager Gilbert D. Chev.. Gentlemen: nelle. I am enclosing for your infor- Mayor Meyers read the call and matlon a letter from Chief. Lucas stated that service thereof had dat~ May 11th recommending the been duly made and this meeting openmg of. the Locust and Iow~ is called for the purpose of CON- ~treet p!'rklng Ramps on the addi- DUCTING PUBlic HEARINGS ON tlonal nIghts of Tuesday, Wednes- THE REZONING OF PROPERTY day ~nd Thursday, and change the IN SUNRISE HEIGIl'1'S AND parking fee rate. WEST SIDE MANOR SUBDIVl- I recommend that when the SION and acting upon such other street parkin~ meters are removed business as may properlY come he- from the Mam Stree~ area about fore a regnlar meeting of the Coun- June 1st that the closmg hours he cil extended to 9:30 P.M. on Tuesday, . May 14, 1970 Wednesday ~nd Thursday eve- To th~ Honorab.le Mayor ~g~e:Od :;1:w~Otoo¥~~:~e ';;:th~ and C1Ir CouncIl and report to you whether or not ThIS IS to adVISe. that I ~ave ap- the parking use justifies the extra proved the f?llowmg polley and hours of service. bond, and desire to have your ap. Furth I d th t th proval on same. parking"r~ate ,,:~o,:,~e~u~ an: COMPREHENSIVE LIABILITY Iowa street Ramps he adjusted on F. N. Smith Construction, Inc., Bi- June 1, 1970 so that the rate will tuminous Casualty Corporation be ten (10) cents per hour or any SIDEWALK part thereof up to nine (9), hours Kenneth Schromen, The Ohio Cas- plus State Sales Tax. The fee for ualty Insurance Co. nine (9) to twenty-four (24) hours Bonding Co. will remain as at present-ninety Lloyd P. Luber, Merchants Mutual (90) cents plus three (3\!) cents RespectfullY, sales tax. Gilbert D. Chavenelle It is anticipated that the chang. City Manager ed rate will produce about $6,000.- Councilman Pregler moved for 00 per year. filing approval suhject to approval R~spectfullY, of the City Attorney. Seconded by Gilbert D.. Chavenelle Councilman Bitter. Carried by the CIty Manager following vote: Councilman Couchman moved Yeas - Mayor Meyers, Coun- approval of the recommendation. cilmen Bitter, Couchman, Molden- Seconded by Mayor Meyers. Car- hauer, Pregler. ried by the following vote: Nays-None. Yeas - Mayor Meyers, Council. May 15, 1970 men Bitter, Couchman, Molden- To the Honorable Mayor hauer, Pregler. and City Council Nays-None. I herewith submit the monthly May 18, 1970 reports of the City Auditor, City To the Honorable Mayor Treasurer, Water Department, and and City Council a list of claims for the month of We have been infonned that April 1970. Colonel Walter C. Gelinl, U.s. R~spectfullY, Anny Corps of Engineers, died of G!lbert D. Chavenelle a heart attack on Sunday, May cIty Manager 17th. -..,..- Special Session, May 18, 1970 199 The Colonel will be buried at Arlington National Cemetery on Wednesday. Flowers have been sent in the name of the City Coun- cil and City Staff. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, MoJden- hauer, Pregler. Nays-None. May 13, 1970 To the Houorable Mayor and City Council The City Engineering staff has reviewed the plans of proposed new sanitary seWer to serve pro- petry of Harold and Robert Molo on John F. Kennedy Road, Dubu- que, Iowa and to service the John A. Link property on John F. Ken- nedy Road. The design of the sew- er and the plan are in accordauce with the City of Dubuque's Stan- dard Specifications for sewer con- struction and the Engineering staff approves said plans. The City Engineering staff, therefore, asks you to give Harold Molo percission to construct this sewer and after completion of the I construction of this sewer that this sewer be accepted into the City of Dubuque Sanitary System. The sew- er will he constructed under our supervision and done according to the standard specifications of the City of Dubuque. There will also be posted a performance bond and four year maintenance bond on this sewer. Very truly yours, John L. White, P.E. City Engineer Councilman' Pregler moved ap- proval of the recommendation. Se- conded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of Renewal of Govern- ment Lease from July 1, 1970 to June 30, 1971 for Use of 0.85 acre site at the Naval Training center at Eagle Point, presented and read. Councilman Pregler moved that the notice he received and filed. Seconded by Councilman Couch- man. Carried by the fOllowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of United Fund advising of a date of meeting to discuss the Possible centralization of community helth programs, pre- sented and read. Mayor Meyers moved that the communication he received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Notice of Claim of Mrs. Chris Leslein of 745 Groveland Place, in an undetermined amount, for personal injuries received in a fall on a defective walk at 1449 Lo- cust Street on May 11, 1970, pre- sented and read. Councilman Bitter moved that the notice of claim be referred to the City Solicitor for proper action and investigation and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Conncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to bv the Publisher, of notice of public hearine to consider rezoning of Lot "A" of Block 10 and Lot 16 of Block 11 all in the plat of Block 10 and 11 in Sunrise Heiehts Sub- division from Single Family Resi- dence to Multiple Family Residence District Classification, presented 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. ORDINANCE NO. 21.70 An Ordinance Amending and Changing Ordinance No. 3-34 known as the "Zoninq Map and Zoninq Ordinance of the City of Dubuque, Iowa" so as to chanoe Lot A of Block 10 and Lot 16 of Block" all in plat of Block 10 and" in Sunrise Heiqhts from "sinqle Family Residence District" Classification Special Session, May 18, 1970 Petition of Mrs. Francis Bechen et al (86 singers) objecting to the rezoning of Lots 24 and 25 of Block 4 in Westside Manor as to effecting of property values, un- desirable, further rezoning re- quests possible, traffic, odor, pollu- tion, and contrary to covenant a the times their properties were purchased, presented and read. Councilman Pregler moved that the petitiou 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. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. Attorney C. J. May Attorney ad. dressed the Council relative to rezoning of 150' rather than 300' as originally proposed by Mr. Chew in West Side Manor Sub. by stating that it is proposed to build a gas station immediately south of Shike Richardson building. The property at the present time is an eye sore and would like to have it look good and presentable. The property looks bad now due to ex- cavation of dirt given to the City at the time of the flood as this area was the most accessible from a hard surfaced road. Attorney Hal Reynolds, repre- senting the property owners in the area, stated that it is just another encroachment on Single Family use in the area. Shike Richardson was to be the end and now we have this. The owner of the property changed the contour of the land. The land did not look this way in the beginning. He is now asking for Business "B" classification and there is no way to zone with con- ditions attached. When you zone you zone period. If it was wrong to rezone 300' it certainly is also wrong to rezone 150'. Mayor Meyers moved that the rules be reimposed. Seconded by 200 to "Multiple Family Residence District" Classification. said 0... dinance having been previously presented and read at the Coun- cil meeting of April 20, 1970. Presented for Final AdopÜon. ORDINANCE NO. 21-7. AN ORDINANCE AMENDING AND CHANGING OR ANCE NO. 3-3' KNOWN AS "ZONING MAP AND ZONING E DF THE CITY OF DUB A" SO AS TO CHANGE TA ROPERTY HERIINAHER ESCRIBED FROM "SINGLE FAMI RESIDENCE DIS- TRICT" CLASSIFICATION TO "MUL- TIPLE FAMILY RESIDENCE DIS- TRICT" CLASSIFICATION. NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Ordinance No. 3-34 know nos the Zoning Map and Zoning of the City of Duhuque, Iowa - - oed hy R.,i- "Mul- cias,"- real ATTEST: Leo-F. Frommelt City Clerk H~jN'~~w~~~~l:'/y 2\~t T':.~yTe~~gr\:l':; ""O. Leo F. Frommelt City Clerk. 11. 5/21 Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider rezon- ing of the Sly 150' of Lot 2 of the Sub. of Lot 25 in Block 4 in Westside Manor Subdivision from Single Family to Local Business "B" classification, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meqers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Special Session, May 18, 1970 Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. After considerable discussion among the Council members Coun- cilman Couchman moved that the rules be suspended to clear up , some points of information. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler, Nays-None. Attorney May was of the opinion that conditions may be placed in effect prior to the issuance of building permits. Mr. Al Heitzman of 1615 Westridge Drive, stated that there was to be a row of ever- green trees to be set up as a buffer zone between tbe commer- cial area and the single dwelling area. This was sometime ago and it still has not been done. He posed the question when this re- zoning would stop. Councilman Couchman moved that the rules be , reimposed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. NaYS-None. Councilman Bitter moved that the petition for rezoning be de- I nied. Seconded by Councilman Moldenhauer. The vote on the mo- tion was as follows: Yeas-Councilman Bitter, Preg- ler. Nays - Mayor Meyers, Council- men Couchman, Moldenhauer. MOTION LOST. Councilman Pregler moved that the public hearing on the rezoning be adjourned to the regular Coun- I ell meeting of June I, 1970. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman., Molden- hauer, Pregler. Nays - None. RESOLUTION No. 138-70 WHEREAS, William Woodward has petitioned for vacation of "va- cated Prospect Street" as abuts Lots 38, 39, 40 and 41 "Coriell's Dubuque" in the City of Dubuque, Iowa, whIch "vacated Prospect Street" is shown in Book of Plats #7, page 37, filed for record De- cember 22, 1913, copy of which is hereto attached, and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa has recOmmended vacation thereof as it serves no public purpose; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the street COm. monly known and described as "va- cated Prospect Street" as same abuts Lots 38, 39, 40 and 41 of "Coriell's Dubuque" in the City of Dubuque, Iowa he and the same hereby vacated. Section 2. That the City Clerk is hereby authorized and directed to file a certified COpy of this Reso- lution in the office of the Dubuque County Recorder in aud for Du- buque County, Iowa. Passed, approved and adopted this 18th day of May, 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 Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. NaYs-None. RESOLUTION NO. 139.70 WHEREAS, William Woodward has petitioned the City Couucil of the City of Dubuque for disposal to him of "vacated Prospect Street" as same abutts Lots 38, 39, 40 and 41 "Coriell's Dubuque" in the City of Dubuque, Iowa, and WHEREAS, it appears from re- corded entries relating to said real estate that said Prospect Street as herein referred to was shown as "vacated" in plat filed December 22, 1913, and 201 202 Special Session, May 18, 1970 WHEREAS, City of Dubuque, men Bitter, Couchman, Molden- Iowa proposes to dispose of said hauer, Pregler. "vacated Prospect Street" to Wil- Nays-None. liam Woodward, and Petition of Dubuque Peace Of- :wrm~~S, It appears that t~e fice requesting permission to set said William Woodward and his up tables on Main Street on May predecessors. in" title have paid 19, 20, and 21 for the purpose of taxes on said vacated Prospect securing signatures supporting street", Amendment of Military Procure- NOW THEREFORE BE IT RE- ment Act to stop appropriations SOLVED BY THE CITY COUNCIL for action in Cambodia, Laos and OF THE CITY OF DUBUQUE, Vietnam, presented and read. IOWA: Councilman Couchman moved that Section 1. That the proposal to the petition be granted. Seconded dispose of "vacated Prospect by Councilman Pregler. Vote on Street" to William Woodward for the motion was as follows: the consideration of One Dollar Yeas - Councilmen Couchman, ($1.00) be and the same should be Pregler. set for hearing thereupon. Nays - Mayor Meyers, Council. Section 2. That the City Clerk men Bitter, Moldenhauer. be and he is hereby authorized MOTION LOST. and directed to publish notice of Petition of Mrs. Lonise M. intent to dispose of lDterest lD Brown requesting rezoning of Lot real estate as is by law required. 1 of 3 of John P. Mettels Sub. No. Passed, approved and adopted 2 from Its present classification to this 18th day of May, 1970. Local Business "B" classification, Donald R. Meyers presented and read. Councilman Mayor Bitter moved that the petition be Walter A. Pregler referred to the Planning & Zoning Wayne A. Moldenhauer Commission for investigation and Gaylord M. Couchman report. Seconded by Mayor Meyers. Joseph J. Bitter Carried by the following vote: Councilmen Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: I Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. May 14, 1970 Honorable Mayor and Council Members Attached is a letter from Mr. Hal Reynolds withdrawing the ap. plication for rezoning of property described as "Old Timer's Athletic and Supper Club Place." Respectfully submitted, CITY pLANNING AND ZONING COMMISSION Don Gilson, City Planner Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- May 8, 1970 To the Honorable Mayor and City Council The construction of the Veterans Memorial Park Restroom Facility has been completed in accordance with the plans and specifications by Mark Strub, General Contrac. tor, of Dubuque, Iowa. Attached hereto are the recom- mendations of acceptance of the Architect, Cullen-Schiltz and As- sociates and the Playground and Recreation Commission. I concur and recommend the improvement be accepted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Se. conded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Special Session, May 18, 1970 203 FINAL ESTIMATE RESOLUTION No. 140--70 WHEREAS, the contract for the improvement of the VETERANS MEMORIAL PARK RESTROOM FACILITY AND APPURTENAN- CES has been completed and the City Eugineer has submitted his final estimate showing the cost thereof oncluding the cost of es- timates, notices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $20,988.00. That 0 of the cost thereof shall be asessable upon private property and $20,988.00 shall be paid from the Rafferty Park Property Fund of the City of Dubuque. Passed, adopted and approved 'I this 18th day of May, 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 eyers moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (A Resolution AcceptIng Improve- ment.) RESOLUTION NO. 141.70 WHEREAS, the contract for the improvement of the VETERANS MEMORIAL PARK RESTROOM FACIIJTY AND APPURTENANCES has been completed and the CIty Manager has examined the work and filed his certificate stating that the same has been completed according to the tenus of the con- tract, plans and specifications and recommends its acceptance, now therefore. BE IT RESOLVED, by the City Council of the CIty of Dubuque, that the recommendation of the - City Manager be approved and that said improvement he and the same is hereby accepted. BE IT FURTHER RESOLVED, that the CIty Treasurer, be and he is hereby directed to pay to the contractor from the Rafferty Park Fund, in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted aud approved this 18th day of May, 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 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. May 6, 1970 To the Honorable Mayor and City Council The installation of the Tree Planting and Landscaping on Iowa Street from the south property iine of Fourth Street to the north property line of Tenth Street has been completed in accordance with the plans and specifications by the Nauman Nursery of Dubuque, Iowa. I recommend the improvement be accepted. Respectfully submitted, Gilbert D. Chavenelle, CIty Manager Mayor Meyers 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. FINAl ESTIMATE RESOLUTION No. 142.70 WHEREAS, the contract for the TREE PLANTING AND LAND- SCAPING on IOWA STREET from the South Property Line of Fourth Street to the North Property Line 204 Special Session, May 18, 1970 of Tenth Street has been completed and the City Engineer has submit- ted his final estimate showing the cost thereof includiug the cost of I estimates, notices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque. That the cost of said improve- ment is hereby determined to be $42,489.00. That $0 of the cost thereof shaIl be assessable upon private proper. ty and $42,489.00 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 18th day of May, 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 Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the foIlowing vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. (A Resolution Accepting Improve- ment) RESOLUTION No. 143-70 WHEREAS, the contract for the ~:IN~~ig': A =~ I the South Property Line of Fourth Street to the North Property LIne of Tenth Street has been completed and the City Manager has exa- mined the work and filed his cer- tificate stating that the same has been completed according to the tenus of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager he approved and that said improvement he and the same is hereby accepted. BE IT FURTHER RESOLVED, that the Cltv Treasurer be and he is hereby directed to pay to the contractor from the funds to he realized from the Road Use Tax Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of May, 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 Pregler moved adop- tion of the rsolutlon. Seconded by Councilman Couchman. Carried by the foIlowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays -None. May 4, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the final plat of Lots 3 through 6 in Block 2 and Lots 3 through 6 in Block 3 of Horizon West Subdivision in the City of Dubuque, Iowa. The Commission has found that the plat confonns to the proposed plat for this area and meets the minimum requirements of the sub- division ordinance. It is the recommendation of the Commission that the plat be ap- proved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson, City Planner Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Couchman. Carried by the foIlowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. RESOLUTION NO. 144-70 Resolution Approving Lots 3 through 6, Block 2, and Lot 3 through 6 Block 3 of Horizon West Subdivision in the City of Dubuque, lowe. Whereas, there has been filed with the City Clerk, a plat in Special Session, May 18, 1970 which: Lot "A" of Horizon West for a width of 31 feet with Port- Subdivision in the City of Dubuque, land Cement Concrete Paving and Iowa, is platted as integral curb. All of the foregoing Lots 3 through 6 Block 2 and shall be constructed according to Lots 3 through 6 Block 3 of the latest City of Dubuque Specifi- Horizon West Subdivision in the cations. City of Dubuque, Iowa c To install sidewalks on both by John W. LInk, Joann C. Wald- sid~s of Horizon Court in accord- billig, and Marilyn M. Link, as ance with the City of DUbu'lue Owners thereof, and Standard Specification for Perma- Whereas said plat has been ex- nent Sidewalks. amined by the City Planning and d. To install water mains in ac- Zoning Commission and approved cordance with plans submitted by said body, and with this plat. Whereas upon said plat appears e. To install sanitary sewers in street known as Horizon Court and accordance with plans as submIt- also public utility easements which ted with this plat. the Owner upon said plat has ded- f. To install sanitary sewer and icated to the public forever, and water house laterals for each lot Whereas, said plat has been to the property line. found by the City Council to con- g. To construct the foregoing Im- fonD to the Statutes and Ordi. provement in accordance with nance. relating thereto except that plans and specifications approved the street has not been reduced to by the City Manager and under grade or paving, sewer or water the inspection of the City Engi- services or sidewalks installed neer. therein. h. To maintain the street im- NOW THEREFORE BE IT RE. provements for a period of four SOLVED by the City Council of (4) years f~om. date of acceptance the City of Dubuque Iowa: and to maIntaIn the water maInS ' and sanitary sewers for a period of Section 1. That the dedication four (4) years from the date of its of Horizon Court and easements acceptance. for public utilities,. all the same i. To provide the foregoing con- as appears upon said plat be, and struction and maiutenance at the the sa~e are hereby accepted and exnense of the owner. that said streets are hereby estab- . IIshed as public street in the City j. To construct said improve. of Dubuque, Iowa. ments except sidewalks prior to November 30, 1970. Section 2. That the plat of the k To construct sidewalks prior Subdivision. o.f Lot ."A" in H?rizon to November 30, 1971, and further West SubdiVISIO~ In the City of provided that John W. LInk, Joann Dubuque, Iowa, IS to be hereafter C. Waldbillig, and Marilyn M. Link, known as Lots 3 through 6 Block as Owners thereof, of said Subdi- 2, and Lots 3 throug.h. ~ Bl?ck 3 vision secure the performance of of Horizon West Subd1Vls~on In the the foregoing conditions by provid- City of Dubuque, Iowa, IS hereby ing security in such sums and with approved and the .Mayor an~ Cl~rk such sureties as may be acceptable :-ee~~~~~: tt~~~~~~~~~~ ~~~e~i~~ to the City Manager: of Dubuque upon said plat, provid- ~ection 3. Th.at in the event that ing the Owners of said property said John W. LInk, Joann C. Wald- hereinbefore named execute writ- billig, and Marilyn M. Link shall ten acceptance heret~ attached say- fail to execute the acceptance and ing: provide security provided in Sec- . tion 2 hereof within forty-five (45) a.. To redu~e ~at portIOn of days from the date of this Resolu- Horizon Court In said. plat to g;ade tion, the provisions hereof shall be as show.n on the profIles submItted null and void and the acceptance with this plat. of the dedication and approval of b. To surface that portion of the plat shall not be effective. Horizon Court shown on this plat Passed, adopted and approved by 205 - 206 Special Session, May 18, 1970 18th I Harry N. Gantert, 1301 Rhomberg Avenue Passed, adopted and approved this 18th day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen recorded roll call vote this day of May, A.D., 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Attest: To Leo F. Frommelt, City Clerk LeoF. Frommelt This is to certify that the secur- CIty Clerk ity required by the foregoing Reso- Councilman Pregler moved adop- lution 144-70 has heen provided by tlon of the resolution. Seconded the owner. by Mayor Meyers. Carried by the Dubuque Iowa June 10 1970 following vote: , Gilbert D. Ch~venelle, Yeas-Mayor Meyers, Council- City Manager ;:':'r,B~~~ierCOuchman, Molden- ACCEPTANCE OF RESOLUTION Nays-None. NO. 144-70 . RESOLUTION NO. 146-70. . John W. LI:>k, Joann.C. Wald?il. WHEREAS, applications for hg, and Marilyn M. Li~ .haVIng Beer pennits were filed by the read the t~rms and co.ndlbons of within named applicants and they the foregomg. ~esolutlOn 144-70, have received the approval of this and bemg famihar wIth the con- Council' and tents thereof hereby accept the' . same and agree to perfonn the WH!'REAS, the pre,!"ses to be conditions therein reqnired. occupIed by such apphcants were . Inspected and found to comply John W. LInk. - with the ordinances of this City JoA:>n C. W~ldbillIg and they have filed proper bonds: Marilyn M. Link NOW THEREFORE BE IT HE- Da:~: 21 1970 SOLVED by the City Council of y , the City of Dubuque, Iowa, that the Councilman Bitter moved adop- Manager be and he is hereby di- tion of the resolution. Seconded by rected to issue to the following Councilman Couchman. Carried by named applicants a Beer permit. the following vote: CLASS "8" BEER PERMIT Yeas-Mayor Meyers, Council- Paul W. Schollmeyer, 176 Locust men Bitter, Couchman, Molden- Street hauer, Pregler. Denise O'Neill, 55 Locust Street Nays-None. Lonis J. Winkler, 698 Central Ave- RESOLUTION NO. 145.70. nue WHEREAS, applications for H'T:':U~ Gantert, 1301 Rhomberg ~:~~i~erg,~~ctav;o~e:~p~~~:::it::~ BE IT FUR~R RESOLVED the same have been examined: that the bonds flIed by such apph- NOW THEREFORE cants he and the same are hereby . approved. BE !T RESOL~ by the CIty passed, adopted and approved CouncIl of the CIty o.f DubuQ,ue, this 18th day of May, 1970. I?wa, that the follo~Ing appli~a- Donald R. Meyers bons be granted and hcenses be IS- Mayor sued upon the c?mpliance with !he Walter A. Pregler terms of the ordInances of the ClIy. Wayne A. Moldenhauer CLASS "B" BEER PERMIT Gaylord M. Couchman Paul W. Schollmeyer, 176 Locust; Joseph J. Bitter Street : Councilmen Denise O'Neill, 55 Locust Street I Attest: Louis J. Winkler, 698 Central Ave- Leo F. Frommelt nue City Clerk Special Session, May 18, 1970 207 Councilman Pregler moved adop. J Dubuque, Iowa, that the Manager lion of the resolution. Seconded by be authorized to cause to be is- Mayor Meyers. Carried by the fol- sued to the follOWing named appli. lowing vote: cants a Liquor permit. Yeas-Mayor Meyers, Council- Louis J. Winkler, 698 Central Ave- men Bitter, Couchman, Molden- nue, DBQ, lnc., 290 West 4th hauer, Pregler. Street. Nays-None. Passed, adopted and approved RESOLUTION No. 147.70 this 18th d~~n~fd 1Ij?M~;~~ WHEREAS, applications for Li- Mayor quor permits have been submitted Walter A. Pregler to this Council for appro."al and Wayne A Moldenhauer the same have been exammed, Gaylord M. Couchman NOW THEREFORE BE IT RE- Joseph J. Bitter SOLVED by the City Council of Councilmen the City of Dubuque, Iowa, that Attest: the fOllowing applications he grant- Leo F. Frommelt ed and licenses issued upon the City Clerk compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Louis J. Winkler, 698 Central Ave- nue, DBQ, Inc., 290 West 4th Street. Passed, adopted and approved I this 18th day of May, 1970. Donald R. MeYers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmeu Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the rsolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of lnvitation to Bid and of takin~ bid, for the construction of the Main Street Pe- de,trianway, Downtown Urban Re- newal Project Iowa R.15, Section I, General Contract, presented and read. Councilman Pregler moved that the proof of publication be reo ceived and flied. Seconded bv Ma- vor Meyers. Carried by the follow- in/( vote: Yeas - Mavor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Conlon Con- ,truction Co. requesting that no contract for the veneral construc- tion of the Main Street Pedestrian- way be awarded which is not in ac- cordance with plans and specifica- tion, accordin/( to the previous ad- vertisement, presented and read. Mavor Mevers moved that the com. munication be received and filed. Seconded bv CouncHman Couch- man. Carried bv the followiM vote: Yeas - Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays - None. Attorney Robert Bertsch, as a representative of Conlon Construc- tion Co., addressed the Council by RESOLUTION No. 148-70 WHEREAS, application for Li- quor permits were flied by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were insPected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of I 208 Special Session, May 18, 1970 stating that the bids received are Mr. Harold Molo, Robert Molo grossly in excess of the estimate. aud Milt Marty addressed the Coun- It would mean a reduction in the cil by requesting some definite ac- Goerdt Constructiou Co. bid of tion as to their expansion situation $54,000 to comply with engineer's in the Urban Renewal area at 5th estimate. It seems that a new con- & Locust Street. They were pro- tract is being negotiated with one mised a decision within one week. bidder only and he asked that Con- There heing no further business Ion Construction Co. be granted Councilman Bitter moved to ad- the same privilege. He also reo journ. Seconded by Councilman quested the Council not to approve Couchman. Carried by the follow- the contract to allow Conlon Con- ing vote: struction Co. to negotiate. Yeas - Mayor Meyers Council- Proof of Publication. certified men Bitter Couchman Molden- to by the publisher, of notice of hauer Pregier. ' Iuvitiation and taking of bids for Na;s - None the construction of the Main Street . Pedestrianway Downtown Urban Leo F. Frommelt Renewal Project Iowa R-15 Section City Clerk II Electrical Contract. Councilman Pregler moved that the Pdroof dOff.Pl U,dblicsationdhed rbe- I Approved ................. 1970 celve an 1 e. econ e Y Councilman Bitter. Carried by the fol~~:~n~ v~:~or Meyers, Council- I Adopted ................. 1970 men Bitter. Couchman, Molden- hauer, Preeler. Nays - None. Due to an error in the proof of publication to amend the current budget to increase the Public Safe- ty Fund Councilman Pregler moved that the hearing on Ordi- nance No. 26-70 which was sche- duled for this meeting be held on June 1. 1970 and the Clerk be in- structed to publish notice of same as required by law. Seconded by Councilman Couchmau. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- ha~~~sp~g£:~~e. I Attest: ............................................................ Councilmen City Clerk. Special Session, May 25, 1970 209 CITY COUNCIL OFFICIAL Special Session, May 25, ]970. Council met at 7:30 P.M. Cent. ral Daylight time. Present-Mayor Meyers, Council. men Couchman, Moldenhauer, Pre. gler. Absent.Councilman Bitter at roll call. Mayor Meyers read the call and stated that service thereof had beed duly made and this meeting is called for the purpose to CON- SIDER CONTRACT AWARDS OF THE MAIN STREET PEDES- TRlANWAY and acting upon such other business as may properly come before a regular meeting of the City Council. May 18, 1970 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received at 10:00 A.M., Wednesday, April 29, 1970. for the following: Main Street Pedestrian way, Gen- eral Contract-Section I. Main Street Pedestrian way, Elec- trical Contract-Section ll. The low base bid entered on the Electrical Contract-Section II was submitted by Westphal and Com. pany, Inc. of Janesviile, Wisconsin. Their bid was 40.45% under the Engineer's Estimate. The low base bid entered on the General Contract-Section I was submitted by the M. F. Goerdt Con- struction Company of Dubuque, Iowa. Their bid was 26.39% over the Engineer's Estimate. The combined bids for the proj. ect are 11.94% over the Engineer's total estimate. I recommend that the respective contracts for the project improve- ments be awarded to Westphal and Company, Iuc. and the M. F. Goerdt Construction Company. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the rules be SUspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Attorney Robert Bertsch, repre- senting Conlon Construction Co., again stated as he had at last ,,'eek's Council meeting if the Council could legally negotiate with Goerdt Construction Co. after the bids were submitted to bring !Jack in line with the Engineer's estimate. City Attorney Russo advised the Council that the intent of the law has been complied with by obtain- ing the best possible bid for the City. COUNCILMAN BITTER EN- TERED THE COUNCIL CHAMBER AT 7:50 P.M. Mayor Meyers moved to concur with the recommendation of the City Manager and the award [0 M. F. Goerdt Construction Co. end Westphal & Company be made ,.ubject to proposed change orders. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Pregler. Nays-Councilman Moldenhauer. (Awarding Contract) RESOLUTION NO. 141-70) WHEREAS, sealed proposals have been submitted by contrac- tors for the Main Street Pedestri- anwaY-Section I-General Con- tract pursuant to Resolution No. 78-70 and notice to bidders pub. lished in a newspaper published in said City on April 9, 19;0 and April 16, 1970; and WHEREAS, said sealed prposals were opened and read on April 29, 1970, and it has been determined that the bid of M. F. Goerdt Con- struction Company of Dubuque, Iowa in the amount of $689,413.75 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to M. F. Goerdt Construction Company and the Manager be and 210 Special Session, May 25, 1970 BE IT FURTHER RESOLVED, that upon the signing of said con. tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to reo turn the bid deposits of the unsuc- cessful bidders. Approved and placed on file for one week on May 18, 1970. Passed and adopted this 25th day of May, 1970. he is hereby directed to execute a contract on behalf of the City of I Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un. successful bidders. APproved and placed on file for one week on May 18, 1970. Passed and adopted this 25th day of May, 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 Pregler. Carried by the following vote: Yeas - Mayor Meyers. Council- I men Bitter, Couchman, Pregler. Nays-Councilman Moldenhauer. (Awarding Contract) RESOLUTION NO. 150.70 WHEREAS, sealed proposals have been submitted by contrac- tors for the Main Street Pedes. trianway - Section Il- Electrical Contract pursuant to. Resolutiou No. 80-70 and notice to bidders published in a newspaper pub- iished in said City on April 9, 1970 and April 16, 1970; and WHEREAS, said sealed propoS- als were opened and read on April 29, 1970, and it has been deter. mined that the bid of Westphal and Company, Inc. of Janesville, Wisconsin in the amount of $89,- 623.54 was the lowest bid for the furnishing of all labor and mater- I ials and performing the work as provided for in the plans and spec. üications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the coutract for the above mentioned improvement be award- ed to Westphal & Company, Inc. and the Manager be and he is here. by directed to execute a contract on hehalf of the City of Dubuque for the complete performance of said work. 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 d the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. COUNCILMAN COUCHMAN LEFT THE COUNCIL CHAMBER AT 8:05 P.M. Notice of claim of JanJin Plastic Company loc. in the amount of $6100. for expense incurred as the result of a backed-up sewer on Kerper Blvd., on April 13, 1970, presented and read. Councilman Bitter moved that the claim be reo ferred to the City Solicitor for in- yestigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Absent-Councilman Couchman. Nays-None. Notice of claim of Mrs. Leo Kraft Sr., in an undetennined amount, for personal injuries received in a fall on a defective sidewalk at 1370 Dodge Street on May 8, 1970, presented and read. Councilman Bitter moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Couchman. Special Session, May 25, 1970 211 May 22, 1970 compressor units for air condition- Honorable Mayor and ing to the Conlin Building at 1473 Council Members Central Avenue, which would over. The City Planning and Zoning hang in the alley, presented and Commission has held a public hear- read. Mayor Meyers moved that me on a proposal to reclassify th~ ¡JetlllOn be referred to the from Single Family Residence to Bmldmg Department for approval I(ultlple Family, property de- and prop~r proceedmgs. Sec.onded '~bed as: by Councilman Pregler. Carned by Parcel #1: Lot 2 of Lot 1 of Lot the followmg vote: . 1 of Lot 1 of Lot 1 of Lot 2 of Yeas. - Mayor Meyers, Council- ffighIand Farm, in the City of Du- men Bitter, Moldenhauer, Pregler. buque Iowa Nays-None. Par~el #2; Lot 3 of Lot 1 of Lot Absent-Councilman Conchman. 1 of Lot 1 of Lot I of Lot 2 of Petition of A-I Plumbing Cool- HIghland Farm; and Lot 2 of Lot ing and Heating Co. requesting per- 2 of Lot 2 of St. Rose Place, in mission to excavate in the alley the City of Dubuque, Iowa. at 1765 White Street, presented Parcel #3: Lot 1 of Lot 1 of Lot and read. Councilman Pregler 2 of Lot 1 of Lot 1 of Lot 1 of Lot moved approval of the petition 2 of Highland Farm, in the City of subject to approval of the Engi- Dubuque, Iowa. neermg Department. Seconded by This property lies on both sides Ma¡;or Meyers. Carried by the foI- . of Chaney Road south of Kauf- lowmg vote: -un Avenue' Yeas - Mayor Meyers, Council- . Tbe prope~y contains approxi- me!i Bitter, Moldenhauer, Pregler. ..ately thirty.siz (36) acres and haJ NaYs-None. . aco... to Chaney Road and Kauf- Absent-Councilman Couchman. . - Avenue. Petition of John R. Sodden of It was the opinion of the Com- 2190 SI. Celia Street requesting missIon that the increased dwell. immediate action to obtain en- ing units that would be permitted forcement of the four year mainte. under this classification would not nance bond by Schiltz Construc- cause congestion on the street or tion Co. to correct faulty instal!a- overload utilities in this area. It tion of sidewalks and paving in was further the opinion of the Sunset Park No.2 Subdivision, pre. Commission that the proposed Use sented and read. Mayor Meyers WI>Uld he compatible with the area moved that the petition be re- around it. ceived and filed. Seconded by It is the recommendation of the Councilman Pregler. Carried by Planning and Zoning Commission the following vote: that the property described above Yeas - Mayor Meyers, Conn- be reclassified from Single Family cllmen Bitter, Moldenhauer, Preg. Residence to Multiple Residence. ler. Respectfully submitted, Nays-None. CIty Planning and Absent-Councilman Couchman. Zoning. Commission Communication of City Engineer D.on Gilson White advising that the petition of City Planner John R. Sodden has been complied Councilman Pregler moved that ,?ith by contacting the var!ous par- the eommunication he referred for ties con~erned and ~e improve- proper proceedings and explore ments Will be made m the near the Idea of a possible recreational f~ture, presented and read. Conn- -- Seconded by Councilman Bit- cilman Pre¡¡ler moved. that the .ter. Carried by the following vote: c?mmUDlcatIon be recOlved and . filed. Seconded by Mayor Meyers. Yeas - Mayor Meyers, Councll- Carried by the fOllowing vote: men Bitter, Moldenhauer, Pregler. Y M M C Nays-None. . eas 7" ayor eyers, oun- Aboent-.-Councilman Couchman. cllmen Bitter, Moldenhauer. Preg. ler. Petition of Maurice Humke re- Nays-None. -questing pennission to attach four Absent-.-Councilman Couchman. 212 Special Session, May 25, 1970 Petition of Dubuque Packing Co. NOW, THEREFORE, Be It Re- requesting vacation and conveyace solved by the City Couucil of the of the unvacated portion of Syca- City of Dubuque, Iowa: more Street situated north of the Section \. That the owners of north side of 16th Street running all property abutting on said im. northerly to the south side of the provement are hereby required to vacated portion of East 19th make connections from the sewer, Street, presented and read. Coun- water and gas mains to the curb cllman Pregler moved that the pe. line of said property prior to June tltIon be referred to the Planning 20, 1970. & Zoning Commission for invescÍ- Section 2. That the City Clerk gation and report. Seconded by is hereby authorized and direCted Councilman Bitter. Carried by the to serve a written notice on such following vote: abutting property owners in a.. Yeas - Mayor Meyers, Coun. cordance with Ordinance No. 128, cilmen Bitter, Moldenhauer, Preg. ordering compliance with this ler. Resolution; Nays-None. Section 3. That in the event any Absent-Councilman Couchman. such property owner shall fail or Petition of Edward G. Brown re- ~~~~ ~~e ~~~~ ~~~h o~~n:::'c~~ quest~g a r~fund ~f $250 on the Resolution, then the City Manager unexpired I1quor. I1cen.se No. C- shall proceed to have said connee. 6725, as he has dlscontmued bug¡. tion made upon a contract made ness on April 29, ~970, presented and entered into for that purpose and read. CounCllman Pregler and upon completion, report said moved that t~e refund be granted fact together with the cost thereof and the Audllor mstructed to 18' to the City Council, whereupon the sue p,:oper warrant. Seconded by cost of such connection shall be Counc~lman BlIter. Carried by the assessed against such abuttinC followmg vote: property. Yeas - Mayor Meyers, Coun- Adopted this 25th day of Ma1 cilmen Bitter, Moldenhauer, Preg- 19r¡0. . ler. Donald R. Meyers Nays-None. Mayor Absent-Councilman Couchman. Walter A. Pregler Petition of Janice Bergfeld re- Wayne A. ~oldenhauer questing a refund of $150 on the Joseph J. Bètter '!men unexpired portion of Class C Beer oUDCl license No. 24, as she has discon- Attest: F F It tinued business on May 5, 1970, e~.t . c[o~e , presented and read. Councilman 1 y er Pregler moved that the ~efund be Councilman Pregler moved adop- granted and the AudItor mstructed tion of the resolution. Seconded by to issue proper warrant. Seconded Councilman Bitter. Carried by the by Councilman Bitter. Carried by following vote: the following vote: Yeas - Mayor Meyers, CoUDcll. Yeas - Mayor Meyers, Coun- men Bitter, Moldenhauer, Pregler. cilmen Bitter, Moldenhauer, Preg- Nays - None. ler. Absent - Councilman Couch- Nays-None. man. Absent-Councilman Couchman. RESOLUTION NO. 152-70 RESOLUTION. ':10. 15\.70 . WHEREAS, William T. Conn81'1 Resolution requIring abutting and Lucina G. Connery, husband property owners to make s~wer and wife, have delivered Warranty end water and gas connectIons. Deed conveying real estate herein. WHEREAS, the City Council has after described to City of Dub... heretofore adopted Resolution No. que; and that said Warranty Deed 89-70, being the Resolution of Ne- should be accepted; cassity for permanently improving NOW THEREFORE BE IT ßE. City of Dubuque 1970 Hot Mix-Hot SOLVED BY THE CITY COUNCIL Laid Asphaltic Concrete Paving OF THE CITY OF DUBUQUE. Project No.1. IOWA: Special Session, May 25, 1970 213 Section 1. That delivery of War- ranty Deed by William T. Con- nery and Lucina G. Connery, hus- band and wife, conveying to City of Dubuque, the following describ- .ed real estate, to.wit: Lot 2 of the Subdivision of Lot 4 and Lot 2 of the Subdivision of Lot 3 of Gilliam's Subdivi- sion in the City of Dubuque, Iowa, according to the respec- tive plats thereof be and the same is hereby accept- ed. Section 2. That the City Clerk be and he is hereby authorized and directed to file said Warranty Deed along with copy of this Reso- lution with the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 25th day of May, 1970. I Donald R. Meyers Mayor Walter A. Pregler Wayne A Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop. tlon of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays-None. Absent-Councilman Couchman. in connection with the acquisition of said real estate the areas of which are shown on the attached plats and by reference made a part hereof; NOW THEREFORE BE IT RE- SOLVED BY THE AIRPORT COM. MISSION OF THE CITY OF DU. BUQUE, IOWA: Section I. That this AirPort Commission recommended by for. mal action to the City Council of the City of Dubuque, Iowa that it direct the City Attorney to ac. quire the real estate from Merlin II. Bradley and Dorothy R. Brad- ley, husband and wife, and Fred E. Klett needed for the development of the Airport Lighting System and to institute Eminent Domain proceedings for and on behalf of ihe City of Dubuque, Iowa for the lIse of the Airport Commission of the City of Dubuque, Iowa at the ',arliest possible time in order to qualify for the deadline establish- . d by the FAA to qualify for ontributed matching funds. Section 2. That a c<!rtified copy ',f this Resolution be forthwith transmitted to the City Clerk of 'he City of Dubuque, Iowa for ac- don at the meeting to be held on May 25, 1970. Passed, approved and adopted this 22nd day of May, 1970. . \IRPORT COMMISSION OF THE ';ITY OF DUBUQUE, IOWA: Lester M. Harney, Chairman F. R. Woodward W. M. Clemens, Jr. Vie J. Grice DUBUQUE AIRPORT COMMISSION RESOLUTION NO. \.70 WHEREAS, the Airport Com- mission in and for the City of Du- buque, Iowa has been negotiating with the respective property own- ers for the acquisition in fee sim- ple title certain parcels of real estate in connection with the ap- proach lighting system in an ef- fort to acquire same without re- sorting to court proceedings, and I WHEREAS, the owners of the said respective parcels of real es- tate sought to be acquired are Merlin H. Bradley and Dorothy R. Bradley, husband and wife, and Fred E. Klett, and WHEREAS, the amicable nego- tiations have been unsuccessful and it is the judgment of this Còmmission that Eminent Domain ProCeedings should be instituted i Attest: F. R. Woodward, Secretary Mayor Meyers moved that the ,,"solution be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays - None. Absent-Councilman Couchman. RESOLUTION NO. 153.70 WHEREAS, the Airport Com. mission of the City of Dubuqne, Iowa by written communication to the City Council of the City of Du- buque, Iowa advises that certain negotiations for the acquisition of certain parcels of real estate for ~14 Special Session, May 25, 1970 airport development in order to insure public safety by the instal. lation and erection of an approach lighting system have failed, and WHEREAS, Merlin H. Bradley and Dorothy R. Bradley, husband and wife, are the owners of the following described real estate I which is sought to be acquired, and WHEREAS, Fred E. Klett is the owner of the following described real estate which is sought to be acquired; NOW THEREFORE BE IT RE- SOLvED BY THE CITY COUNCIL QF THE CITY OF DUBUQUE, IOWA: Section 1: That the City Attor. ney of the City of Dubuque, Iowa be and he is hereby directed to institute Eminent Domain proceed- ings for and on behalf of the City of Dubuque, Iowa against Merlin H. Bradley and Dorothy R. Bradley, husband and wife, to ac- quire the following described real estate to-wit: That portion of Lot 2 of Lot 1 of the Northeast Onz.Quarter of the Northwest One-Quarter, Section 35, Township 88, North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa, containing 6.683 acres more or less as appears enclosed within red lines on the attached plat marked Ex, hiblt "A". which acquisition is for public I purposes and should be acqnired for Municipal Airport purposes. Section 2. That the City Attor' ney of the City of Dubuque, Iowa be and he is hereby directed to institute Eminent Domain proceed- ings for and on behalf of the City of Dubuque, Iowa against Fred E. Klett to acquire the following de- scribed real estate to.wit: That portion of the Northwest One-Quarter of the Northeast one-Quarter of Section 35, Township 88 North, Range 2 East of the 5th Principal Mer- idian, Dubuque County, Iowa, containing 0.241 acres more or less, as appears enclosed with- In red lines on the attached plat marked Exhibit "B" That portion of the Southwest One-Quarter of the Northeast One-Quarter of Section 35, Township 88 North, Range 2 East of the 5th Principal )I- idian, Dubuque County, 10- containing 2.180 acres more or less, as appears enclosed with. in red lines on the attached plat marked Exhibit "C" That portion of Lot 1 of the Southeast One-Quarter of the Northeast One-Quarter of Sec- tion 35, Township 88 North, Range 2 East of the 5th Prin- cipal Meridian, Dubuque Coun- ty, Iowa, containing 0.235 acres more or less, exclusiv" of County Road Right-of-Way. a sappears enclosed within red lines on the attached plat marked Exhibit "Du. which acqnisition is for public purposes and should be ac(¡uired for Municipal Airport purposes. Section 3. It is further ordered by the City Council of the City of Dubuque, Iowa that the City At- torney, R. N. Russo, be and he 18 hereby authorized and directed to do any and all things necessarY and incidental in connection with said Eminent Domain proceedings, including but not limited to the hiring of professional real estate appraisers and engaging profes- sional engineering services. Section 4. The respective par- cels of real estate sought to be acquired are shown on the respec- tive plats attached hereto, and which plats by this reference are made a part hereof. Section 5. That the City Clerk be and he is hereby authorized and directed to file a certifieð cOpy of this Resolution in the of. fice of the Dubuque County Re- corder in and for Dubuque County, Iowa. Passed, approved and adopled this 25th day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Molden\laQìlr Joseph J. Bitter Councl\m8l1 Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ad- option of the resolution. Seconüd Special Session, May 25, 1970 215 by Mayor Meyers. Carried by the At 10:08 P.M. the Council re- following vote: convened in regular session and Yeas - Mayor Meyers, Council. Councilman Pregler moved that men Bitter, Moldenhauer, Pregler. the Urban Renewal DIrector be Nays - None. instructed to prepare a resolu- Absent-Councllman Couchman. tion to negotiate the sale of a piece of property in the Urban Communication of Councilman Renewal area known as the Raffer. Wayne A. Moldenhauer submitting ty property adjacent to the Molo for the record the results of the 011 Station at 5th & Locust Street. WDBQ public opinion poll in re- Seconded by Councilman Molden- sponse to the question "Shall the hauer. Carried by the following City Hall be restored rather than vote: build a new one?" as showing a Yeas - Mayor Meyers, Councll- 90% favorable response, present- men Bitter, Moldenhauer, Pregler. ed and read. Mayor ~eyers mov~d Nays-None. that the commumcatlon be recelV- Absent-Councilman Couchman. ed and flIed. Seconded by Council. man Pregler. Carried by the fol- There being no further business lowing vote: Councilman Pregler moved to ad- Yeas - Mayor Meyers, Councll- journ. Seconded by M~yor Meyers. men Bitter, Moldenhauer, Pregler. Carried by the folloWIng vote: . Nays - None. Yeas - Mayor Meyers, CouncIl- Absent-Councilman Couchman. men Bitter, Moldenhauer, Pregler. Nays-None. Communication of Councilman Absent-Councilman Couchman. Wayne A Moldenhauer suggesting Leo F. Frommelt, changes in the manner in which City Clerk the Council deals with matters that come before them, presented and read. Councilman Pregler I 1970 moved that the communication be Adopted ...................................... received and filed and a copy sent. ~OU:~il~~~n~~':':::;h~:~:n~~~~ Approved ....................................1970 by the following vote: me;e~lt;r,M:O~de~:::;:: ~~~~~~: I .-...-......----...............-.....-....-................. Nays - None. ed ~~;:~C~;;~:~;~;:;;; I..:~~.:::~~==.~~~.::=~:~=.:~.':'.:::.:::~~..:=.:=~ tive session to consider sale of real estate in the Urban Renewal I .------------.---.-............---..... Area. Seconded by Councilman Pregler. Carried by the following I ....-........-----------................................-....... vote: Councilmen Yeas - Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. f~;:nt=-¿;,~~e~ilman Couchman. I At~~:;: ëï~;k"""""""""""""""""""'"