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1970 July Council Proceedings 266 Special Session, June 29, 1970 action of the City Council of the I City of Dubuque, Iowa and Board of Supervisors of Dubuque County, Iowa in accordance with tbe law and the provisions af the Articles of Incorporation of COUNTY-CITY OF DUBUQUE AUTHORITY and that said appointment of Raymond Gaedken as sueb Commissioner be and tbe same is bereby ratified, approved and confirmed far the term commencing on the 27th day of April 1970 and terminating on the 26th day of April 1976. Section 2. That the City Clerk be and he is hereby authorized and directed to transmit a certified copy of this Resolution to the Board of Supervisors of Dubuque County, Iowa and in addition there- to, to cause a certified copy of same to be filed in the office of the Recorder in and for Dubuque County, Iowa and that the said Clerk transmit a certified copy hereof to the Secretary of said COUNTY-CITY OF DUBUQUE AU. THORITY. Section3. That inability to ap- point said Commissioner within sixty (60) days from the expiration of said term was not due to any disagreement or inability ta agree on an appointment by and between the Board af Supervisors of Du- buque County, Iowa and the City Council af the City of Dubuque, Iowa but rather was due to the press of business by both bodies that prevented their respective bodies from meeting in joint ses- sion to make such an appointment. Passed, adopted and approved this 29th day of June, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Jaseph 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- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. There being no further business Coucnlman Pregler moved ta ad. journ. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayar Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Leo F. Frommelt City Clerk Approved ..................................1970. Adopted ....................................1970. ........................................................".. .........................................................." Councilmen Attest: """"""""ciiÿ"ëï~;k""""""'" Regular Session, July 6, 1970 267 CITY COUNCIL OFFICIAL Regular Session, July 6, 1970. Council met at 7:30 P.M. (Centra' Daylight Time) Present-Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. City Manager Gil- bert D. Chayenelle. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is THE REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may properly come before the meeting. Communication of Owen Riley submitting his resignation from the Dubuque Advisory Board effective as soon as possible, presented and read. Councilman Pregler moved that the communication be receiv- ed and filed. Seconded by Council- man Couchman- Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler- Nays-None. Communication of Low Rent Housing Agency submitting the minutes of the Board held on June 4, 1970, presented and read. Mayor Meyers moved that the communica- tion be received and filed. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler- Nays - None. Communication of Dubuque Ad- visory Commission submitting a resolution endorsing the bnilding and financing of a City Garage as adopted by them on June 15, 1970, presented and read- Councilman Bitter moved that the communica- tion be received and filed. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mayor Meyers moved that the rules be suspended in order to let I anyone present address the Coun- cil if they so desire. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Mr. Richard Ludwig, spoke as a member of the Advisory Commis- sion, stating a new garage would be good for the citizens of the City. Their Commission toured the present facility and were surprised to find the inadequacy of the pres- ent garage. Mr. William Woodward, Chairman of the Advisory Com- mission spoke mostly on the financ- ing arrangement proposed for the construction of a garage facility by stating that the plan as propos- ed would cost some thirty thousand dollars less to build, rather than going to a bond issue. Councilman Wayne Moldenhauer was against diverting funds from the Road Use Tax fund to pay for garage con- struction. He would be in favor of letting the voters decide. Councilman Moldenhauer moved that the resolution of the Advisory Commission be received and filed and referred to the City Manager for proper proceedings. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None- Mrs. Wm. J. Thul of 2620 Queen Street and Miss Zahina addressed the Council relative to the unsolv- ed nuisance at the Burden Avenue playground. Mr. Thos Hauswirth stated that as a neighbor he has no objection to the use of the play- ground but cautioned many of the participants to check the foul lan- guage used. The frequenters prom- ised to cooperate. It was generally thought that if the playground area was reconstructed as to the ball playing field, by reversing the position of home plate, which would require the players to bat towards the hill, the problem of nuisance for the Thuls would be solved. Mayor Meyers moved that the matter be referred to the Recrea- tion Commission for implementa- tion. Seconded by Councilman 268 Regnlar Session, July 6, 1970 Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. July 2, 1970 To the Honorable Mayor and Members of the City Council Attached hereto is a copy of the Audit Report for the City of Du. buque Office of Emergency Plan- ning Flood Disaster Grant for the period of April 25, 1969 to April 25, 1970. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Meyers moved that the report be received and filed. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. July 1, 1970 To the Honorable Mayor and City Council I am returning to you the peti. tion of Mr. Frank A. Larson, Jr. re- questing parking along the 1700 block of Kane Street, and a letter from Chief Lucas describing the stiuation and recommending that the petition be denied. Please note the following: 1. The Don Apartments pro- vides off-street parking at a ratio of one space for each tenant. There are 48 park. ing spaces provided, 32 in the rear of the building and 16 on the west side. The spaces are unassigned. 2. Parking is available on Northview Avenue. There are approximately 20 spaces I available. 3. Parking is permitted along the sonth side of Kane Street. 4. Permitting parking in the 1700 block on the north side of Kane will produce only four parking spaces. Because of these facts, the peti- tioner should realize that granting the petition serves only the petitio- ner single interest and will probab- ly not solve his problem. In spite of the well taken recom- mendation of the police depart- '" ,. ment, I have requested that the no parking sigos be removed in the 1700 block of Kane, that the parking sign posts remain in place, and that a no parking ordinance be prepared for Council consideration. This will in effect permit parking during the non-school months. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the Manager's recommen- dation. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. July 1, 1970 To the Honorable Mayor and City Council The enclosed letter from the In- ternational City Management As. sociation is a request for our city to join in a proposed experimental program planned to make scientific information available to us which has been accumulated in the re- search files of the National Aero- nautics and Space Administration. We are asked to pay $500 in sup- port of the program. The money will be placed in a special account and not spent until NASA and the National Scientific Foundation par- ticipation is guaranteed and a work program sent to us for approval. It is possible that participating in the program will lead our city staff to new approaches to the solution of community problems. On this basis I request authority to make payment of $500 and express our intent to participate in the pro- gram. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer in- structed the Manager to write for more information. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. June 26, 1970 Honorable Mayor and City Council: On April 23, 1970, Phillip Lan- gas, as petitioner, and Gus L. Man- ternach and Lorraine E. Manter- Regular Session, July 6, 1970 269 nach, as vendors, filed Petition with the City Council asking for a change in zoning classification from the present Local Bussiness "A" District Classification to Local Business "B" District classification in order to accomodate their res- taurant facilities to permit the sale of beer therein as relates to their property. This matter was referred to the Planning and Zoning Commission, and on May 27, 1970 the Planning and Zoning Commission in written report to the City Council as re- lates to the Langas petition recom' mended that the petition be denied on the grounds that the conversion of the rezoning of the property in question to Local Business "B" Dis- trict classification would not be compatible with, or provide ser- vice, to the surrounding residential area and further stating that the conditions in the vicinity had not changed and recommended that said property remain in Local Busi. ness "A" District classification. Thereafter, at the meeting of the City Council this question was re- ferred to the City Attorney by rea- son of the fact that the petitioners proposed to the City Council at its meeting of June 1, 1970, (1) to im- pose upon the property at 1105 Loras Boulevard restrictions disal- lowing those uses allawed under Local Business District "B" classi- fication which are offensive to the City Council and the Planning and Zoning Commission, such as ser- vice stations, drive-in restaurants, funeral homes, etc: or (2) alterna- tiveiy, he would be willing to de- liver an irrevocable application for rezoning of said premises to Class "A" to be filed at such time as the City of Dubuque allows beer to be sold at restaurants within a Local Business "A" District classification. A reference to the City Attorney was for the purpose of furnishing a legal opinion as to the legality of methods restricting the use of pro- perty within a given classification. Pursuant such reference, I have conferred with the petitioners' at- torneys, who have furnished this office with what they believe to be .1 legal authority to support their po- sition as submitted to the City Council. I have reviewed all the pertinent I documents relating to the applica- tion of the petitioners together with the communication from the petitioners' lawyers and I have also reviewed the pertinent Iowa law and I find no legal authority in the State of Iowa for the proposition that a rezoning classification from one district to another district may be done on conditions limiting the use within the changed classifica- tion, contrary to the permitted use within the language granting such change. That is to say, if this pro' perty were to be rezoned to Busi- ness "B" classification in the lan- guage of the Ordinance, drive-in restaurants and gas stations would be permitted therein. It appears to the writer that this Council in effect, would be open- ing a new area of rezoning by means of consents between the pro- perty owner and the City Council in contravention to the stated law, this has been called zoning by con. tract by some courts who have held same illegal on the grounds that this constitutes "spot zoning". It is my opinion that if the City Council were to permit the proposed meth- od of rezoning this property that it would contravene the City Ordi- nance and the State statute and in my judgment would be held illegal in the event that same were re- viewed by our courts. I would recommend against such procedure for the obvious reason that it would be permitting a re- zoning by contract as distinguished from rezoning by law and while this may appear to be a cliche or an over-simplification, I believe that if the City Council were to check with the Planning and Zon- ing Commission it would find that numerous requests in the past for this type of rezoning have been made and have been denied. It ap- pears to the writer that if the City Council were to permit this type of rezoning it, as well as the Planning and Zoning Commission, would be innundated with similar requests as it is a very easy and very simple way to contravene the rigors and the certainty of the zoning law. While the petitioners, perhaps, present a sympathetic position in his seeking relief, I would respect- fully submit that perhaps this re- lief should be afforded to him if the Council so desires by means other than by the means as petit- ioned. 270 Regular Session, July 6, 1970 Original petition is returned herewith. Respectfully submitted, R N. Russo City Attorney Attorney David L. Hammer, re- presenting Phil Langas, made an urgent plea in behalf of his client by stating that if this rezoning is not allowed Mr. Langas will be forced out of business. After a lengthy discussion Coun- cilman Bitter moved that the change in Zoning Classification be allowed to Class "B" and refer for proper proceedings. The vote on roll call was as follows: Yeas - Councilmen Bitter, Mold- enhauer. Nays - Mayor Meyers, Council- men. Couchman, Pregler MOTION LOST. Communication of Leo A. Me. Carthy, attorney indicating that a sewer back-up claim submitted by Maurice M. Wieser has been set. tled, howeyer requesting that ap- propriate action be taken to reme- dy the situation at 2065 St. Am. brose Street in the future, pœsent- ed and read. Councilman Bitter moved that the communication be received and filed and referred to the City Manager for investigation and report. Seconded by Council- man Couchman. Carried by the fol. lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. July 1, 1970 Honorable Mayor and City Council Re: LeRoy F. Beau and Rose Mary Beau vs City of Dubuque, Iowa; Peoples Natural Gas Company: Mer! F. Goerdt; George A. Saffran and Mulgrew Blacktop Inc. On March 11, 1968, Original No. tice with Petition attached was served on the City on the above entitled cause wherein the plaintiff claimed damages in the amount of $10,000.00 as the result of her al- leged falling in the excavation a- butting 1765 Madison Street on or about the 16th day of September 1967. This matter was referred to your City Attorney who interposed the appropriate defenses and said mat- ter was scheduled to be tried be- fore a jury on July 6, 1970. The City Attorney has been ad- vised that a settlement has been affected with the plaintiff at no cost to the City of Dubuque. Accordingly, this matter is final- ly disposed of and Original Notice with copy of Petition is herewith returned. Respectfully submitted, R.N.Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. June 29, 1970 Hon. Mayor & City Council On March 6, 1969, Original No- tice with copy of Petition attached, being Law No. 38517 in the Dis- trict Court of Dubuque County, Iowa of Albert Henneger vs City of Dubuque, Iowa was served on the City; wherein plaintiff claimed damages in the amount of $7500.00 for injuries allegedly suffered on March 7, 1967 as the result of ail alleged fall on a driveway ap- proach to public sidewalk in front of 1881 McCormick Street in the City of Dubuque and claiming an unlighted street light and a de- tective condition thereat, said al- leged injuries suffered by the plaintiff consisting of a broken right ankle and loss of work-time. Said Notice and Petition was re- ferred to the City Attorney who has made an investigation of this matter, has examined the medical reports and bills and has conferred with plointiff's attorney who has made an offer of settlement of this matter in the amount of $1250.00. Therefore, it is the recommenda. tion of the City Attorney that said offer of settlement be accepted and that the City Auditor should be instructed to draw a warrant pay- able to Albert Henneger in the amount of $1250.00 and transmit same to the City Attorney for de- livery upon receipt of duly execut- ed release and dismissal of said cause with prejudice at plaintiff's cost. RegulAr Session, July 6, 1970 271 Original Notice with copy of Pe' tition attached is returned here. with. Yours very iruly, R. N. Russo City Attorney Councllman Pregler moved ap- proval of the City Attorney's re- conunendation. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of claim of Mrs. Minnie Becker, in an undetermined amount, for personal injuries reo ceived in a fall on Loras Blvd., on June 23, 1970, presented and read. Mayor Meyers moved that the notice of claim be referred to the City Attorney for investigation and report. Seconded by Councilman Pregler. Carried 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 pub- lic hearing to consider amending Zoning Ordinance No. 3.34, so as to change Lot 2 of 1 of 1 of 1 of 1 of 2 of Highland Farm; Lot 3 of 1 of 1 of 1 of 1 of 2 of IDghland Farm; and Lot 2 of 2 of 2 of St. Rose Place; Lot 1 of 1 of 2 of 1 of 1 of 1 of 2 of IDghland Farm: all in the City of Dubuque, Iowa, from Single Family Residence District Classification to Multiple Family Residence District Classification; presented and read. No written objections were filed and no oral objectors were pre- aent in the Council Chamber at the time of the public heartng. Councilman Pregler moved that proof of publication be received and filed. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. ORDINANCE No. 30.70 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 certain property hereinafter de' scribed from "Single Family Resi- dence District" Classification to "Multiple Family Residence Dis. trict" Classification, said ordinance having been previously presented and read at the Council meeting of June 9, 1970, presented for Final Adoption. ORDINANCE MD. ,..,. 'Loll of Lot I of Lot I Lot' of Hlghl""d Foem, . of DvbUQve, lowe, ec- the "co,ded plat Ih"eof --. - -. Lot I of Lot I 01 Lol I 01 Lol I 01 Lol , of Hlghle" Foem, ,"dLol'oILot'ofLol'oISt. r:.~, ';i~Z;idl~g "ig Ii,;¿- ,~10I'd~~V~j:f 'h".., Loll of Loll 01 LOI'ol Lot I of Lol I ot Lot I of Lol'ol H;gh- I~~e, Fe'ic~idl~g "¡g fi::' ,~10P'~~V~j:f th"..,. Sect]o, ,. Thel the to"gol,g Ame'" moot h" hmtolo" boo' ep",oved by the P""",g ,"d Zo,l,g Comm;,,;o, 01 the CItY of Dvbvo'" lowe. 6.:"'.!.~" 3~fJ~W¡.. a,d adopted this DONALD R. MEYERS WALTER A. p WAYNE A. MOl \'àYE'pO,.\'~. ~iT 'ov"lIm," ATTEST: F'omme" ik officially " The Tel.."""- J'"i'¡;--19~~wsoa..' thl, 10th dOY 01 Leo F. F,omme" CIIY CI"k It. 7-10 Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hal'er, Pregler. Nays-None. Petition of Carl McCarthy et al (23 signers) requesting an investi- gation of the drainage problem on Keymeer and Key Largo Streets, they are being aggravated by sew- age backing up in the floor drains after heavy rains, presented and read. Councilman Moldenhauer moved that the petition be referred # 272 Regular Session, July 6, 1970 to the City Engineer for investiga. tion and report. 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 Professional Fire Fighters Assn. requesting pri. vilege of addressing the Council, presented and read. Councilman Pregler moved that the petition be received and filed and privilege granted. Seconded by Mayor Mey- ers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mr. Ron Kann, President of the Fire Fighters Assn. addressed the Council relative to a proposal sub- mitted to them that the Assistant Chiefs be considered supervisory personnel. Evidently this would be a distinct change from the present regulations and the firefighters do not feel that they should be obliged to share sick time, days off etc. with the supervisory group. Mr. Walter Backes, personnel manager, stated his position on the part of the City. RESOLUTION No. 190-70 ACCEPTING DELNERY OF DEEDS FOR THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R.15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en. , tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project. Iowa R-15, certain parcels of real estate by purchase; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section 1. That delivery of deed, to the City of Dubuque for the fol- lowing described parcel of real es- tate in the Downtown Urban Re- newal Project, Iowa R-15, is here- by ratified and accepted by the City of Dubuque. GRANTOR, Kate B. Lacy, spouse of Burkitt S. Lacy Deed dated June 23, 1970, Recorded in Book 202, Page 438. PROPERTY DESCRIPTION, Lot 146 and the Southerly 11.2 feet of Lot 147, in the City of Du- buque, Iowa, according to the United States Commissioners' Map of the town of Dubuque, Iowa (Parcel 3-5) Section 2. That the recording of the respective deeds of conveyance of title in the office of the Record- er in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authrized and di- rected to file a copy of this Resolu- tion in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved, and adopted this 6th day of July, 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 191.70 APPROVING THE FIXED-PRICE COMPETITION METHOD FOR OFFERING CERTAIN LAND IN THE DOWNTOWN URBAN RE- NEWAL PROJECT, IOWA R-15, TO PRIVATE DEVEWPERS FOR REDEVELOPMENT WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date of May 18, 1967, the Council of the City of Dubuque, after a Public Hearing, duly adopted an Urban Renewal Regular Session, July 6, 1970 273 Plan for said Project and which Urban Renewal Plan is on file in the Office of the City Clerk and is recorded in the Office of the Re- corder of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 235 to 259; and WHEREAS, pursuant to such Ur- ban Renewal Plan and Loan and Capital Grant Contract, the City of Dubuque has and is acquiring land, relocating site occupants, remoYing structures and other improvements and constructing and reconstruct- ing site improvements and public facilities: and WHEREAS, the Urban Renewal Plan provides for the sale of cer. tain land for redevelopment by pri- vate developers; and WHEREAS, the Fixed-Price Com- petition method permits the sale of land on criteria and factors other than price and in the best interests of the Urban Renewal Project and the City of Dubuque, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the documents pertaining to a proposed Fixed- Price Competition offering of cer- tain parcels of real estate set forth in such documents, a copy of which documents are made a part hereof and filed of record in the Office of the City Clerk, as they may be re- vised as necessary to comply with the requirements of the Depart- ment of Housing and Urban De' velopment, are hereby approved. Section 2. That the Fixed-Price Completion method of offering cer- tain land for sale for redevelop- ment by private developers is the approporiate method of making the land available for redeyelopment. Section 3. That the price for the disposal of each parcel included in the proposed offering has been de- termined to be not less than the fair price for the land for uses in accordance with the Urban Renew. al Plan and said prices are hereby approved. Section 4. That the City Manager and the Director of Urban Renewal be and are hereby authorized and directed to proceed with the pro. posed disposal of the parcels set forth in the attached documents I in accordance with the proposed disposal procedure and all other applicable requirements. Section 5. That the City Clerk be and he is hereoy aUthorized and dIrected to publish "InvItation for Proposals" for the sale of certain parcels of real es,ate, in the form of Exhibit "A" attached hereto and made a part of hereof. Passed, approved and adopted this 6th day of July, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk "EXHffilT A" INVITATION FOR PROPOSALS The Cily of Dubuque, Iowa, in- vites proposals for the purchase and redevelopment of property in ,he Downtown Urban Renewal Pro- ject, Iowa R.15. The parcels of land available for sale are located on ,he Northeast corner of Locust and j<'ifth Street and in the mid-block of Locust Street between Fourth and Fifth Streets. The parcels are identified as follows: Parcel Na. 8-11, 15,960 Approxi- mate Square Feet, Use; Central Business District. . Parcel No. 11-5, 6,643 Approxi- mate Square Feet, Use; Office And Service Area. Full information, instructions and bid documents needed to pre- pare proposals may be obtained by depositing $10.00 with the De- partment of Urban Renewal, Suite IO-B, Fischer Building, Dubuque, Iowa, for each set of Documents. Each such deposit shall be refund. ed if the Documents are returned in good condition within 30 days after bid opening. All proposals must be received at the office of the City Clerk, City Hall, 13th Street and Central Ave- nue, Dubuque, Iowa, no later than 10:00 A.M. CDST on August 7, 1970, at which time all bids will be publicly opened and read in Council Chambers. Each proposal must be accom- panied by a good faith deposit in the form of a certified check or bank draft payable to the City of ~ Regular Session, July 6, 1970 your direction on the Town Clock City of Dubuque, Iowa, and are Project now on file in the office of the Respectfully submitted, City Clerk showing among other Gilbert D. Chavenelle things the following: City Manager (1) The plan of such improve- Mayor. Meyers moved. that the (2) ~~~tstimate of the cost of the commumcation be receIVed and improvement filed. Seconded by Councilman for the TOWN CLOCK REMOVAL Couchman. Carried by the follow. AND RELOCATION PROJECT. ing vote: BE IT THEREFORE RESOLVED Yeas .- Mayor Meyers, Council- that the City Council on its own men BItter, Conchman, Molden- motion, deems it advisable and nec- hauer, Pregler. essary for the public welfare to Nays - None. make the herein mentioned im- Mr. Tom Graham, President of provement, and unless property the Downtown Merchanta Assn., owners at the time of the final announced that they are spearhead- consideration af this proposed res- ing a community project to remOVe olution have on file with the City and relocate the town clock. The Clerk, objections to the amount of clock is to be moved now. It is a the cost of the improvement, they vital link in the restoration of the shall be deemed to have waived Downtown area. Rossiter & Hamm all objections thereto. Architects have donated their serv- Said improvement shall be con. ices for architectural design and structed and done in accordance engineering. Mrs. Carman Rand, As. with the plans and specificatians sistant Manager of the Chamber of which have been approved by the Commerce, made an urgent appeal City Council and are now on file to move and reloc~t~ the .Clock with the City Clerk. That the cost Tower now because It IS so VItal to and expense of making said im. the whole of Urban Renewal. provement be paid from such funds Councilman Moldenhauer moved as may be legally used for such that a public hearing be held on purposes. the town clock removal and reloca- The above resolution was intro- tion project on July 20, 1970. Sec- duced, approved and ordered onded by CouncIlman Couchman. placed on file with the City Clerk Carried by the following vote:. this 6th day of July, 1970. Yeas :- Mayor Meyers, CouncII- Approved and placed on file for men, BItter, Couchman, Molden- final action. hauer, Pregler. APPROVED: Nays-None. Donald R. Meyers RESOLUTION NO. 192.70 Mayor Approval of Preliminary Esti. Walter A. Pregler mate in the amount of $16,500., Wayoe A. Moldenhauer plans, specifications, form of con- Gaylord M. Couchman tract and all other documents, reo Joseph J. Bitter quired for City of Dubuque 1970 Councilmen Town Clock Removal and Reloca- Attest: tion Project, presented and read. Leo F. Frommelt Councilman Pregler moved adop- City Clerk tion of the resolution. Seconded by Councilman Couchman moved Mayor Meyers. Carried by the fol. approval of the resolution. Second. lowing vote: ed by Mayor Meyers. Carried by Yeas - Mayor Meyers, Coun- the following vote: cilmen Bitter, Couchman, Molden. . Yeas -:- Mayor Meyers, Coun- hauer, Pregler. cilmen BItter, Couchman, Molden- Nays-None. hauer, Pregler. Nays-None. (Necessity for Improyement) RESOLUTION NO. 193.70 (FIXING DATE OF HEARING) WHEREAS, proposed plans, spec- RESOLUTION No. 194-70 ifications and form of contract WHEREAS, the City Councll of have bee~ duly prepared and ap. the City of Dubuque, Iowa has gi. proved by the City Council of the ven its preliminary approval on 274 Regular Session, July 6, 1970 Dubuque, or a satiafactory bid bond, in an amount equal to 10'lo of the amount of the offer. Additional information concern- ing the City of Dubuque's Land Marketing Program for the Urban Renewal Project may be obtained from Gent M. Wittenberg, Director I of Urban Renewal. 2 t. 7-15-22 Leo F. Frommelt City Clerk Councilman Couchman moved a- doption of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. ty of Seventh and Main. We also have received letters from the Du- buque Area Chamber of Commerce and the Downtown Association sup- porting this proposal and pledging to help raise the necessary funds for the project. Aside from the fund raising as- pect the project consists of two in- terrelated phases which can run concurrently to complete the re- location within the limitations of the time schedule. The first phase of the project which we are bring- ing before you now, consists of the removal of the Town Clock from its present location, transporting it to a storage area where renova. tion of the structure would be completed by others, and finally the moving of the renovated clock to and atop a new tower pedestal (constructed by others) located in the Central Plaza of the Pedes- trianway. The second and closely related phase of this project should begin with the hiring of a local Architect to design the tower pe. destal and determine the extent and detail of renovation necessary on the existing structure. A con- tract for this work would then be let upon completion of the Archi- tect's analysis and design. We have also prepared for your consideration a detailed time sche- dule indicating dates on which ma- jor operations of both phases of the project should take place in order to complete various stages in relation to highly critical con- struction operations on the Pedes- trianway itself. This schedule has been prepared to complete the pro- ject prior to the completion of the Main Street Pedestrianway. If this work Is not completed in confor- mance with the schedule and at- tempted after the Pedestrianway is completed, costs could be ex- pected to escalate by 4O'lo because of compounded construction prob- lems. In lieu of more detailed es- timates of tower construction and renovation by an Architect, the total project is expected to cost approximately $60,000.00 if com- pleted this year. In summary, we have presented this problem to you, hoping that noW you will better understand all of the complexities and interrelat- ed problems involved and that you will see fit to giye us guidance and July 2, 1970 To the Honorable Mayor and City Council RE: Town Clock Project Over the past three yearS, during the developmental and design stages of our Main Street Pedes- trianway, we have stressed the ilJI- portance of our own Town Clock becoming, once again, the domi- nant feature and focal point of the I revitalized downtown central busi- ness district. Our design consul- tants for the Pedestrianway have reiterated their feelings to you on several occasions concerning the importance of the town clock to the overall Urban Renewal Pro- ject. They used the Town Clock as the central design theme for the project and feel that it is the sin- gle most important item necessary for the success of the Pedestrian- way itself. When attempting to visualize the completed construC- tion on Main Street and viewing the Town Clock in its present location, one cannot help but feel that this historic structure has lost its sig- nificance and dominance in the City of Dubuque. While basically structurally sound, the exterior and decorative facing is badly in need of repair. If action is not taken in tbe near future to reno- vate the structure, in a few years the Town Clock may be lost to the citizens of Dubuque. As you know the sum of $5,000. 00 has been donated for the pur- pose of relocating the TO'Wll Clock from its present location to a new tower pedestal in the plaza area of the Pedestrianway in the vicini- - - - - 275 2.76 Regular Session, July 6, 1970 the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the TOWN CLOCK REMOVAL AND RELOCATION PROJECT BE IT THEREFORE RESOLVED that on the 20th day of July, 1970 a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be publish. ed in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its con. sideration, and said Clerk is furth- er insructed to advertise for pro- posals for the construction of the aforementioned improvement. Passed, adopted and approved this 6th day of July, 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 following vate: Yeas - Mayor Meyers, Council- I men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 195.70 WHEREAS, the City Council of the City of Dubuque, Iowa has heretofore ordered the City Attor- ney of the City of Dubuque, Iowa to institute Eminent Domain pro- ceedings against Fred E. Klett and Merlin H. Bradley and Dorothy R. Bradley for an Approach Lighting System at the City of Dubuque Municipal Airport, and WHEREAS, the matter was heard by the Sheriff's jury on the 6th day of July, 1970 who returned an award for damages to Merlin H. Bradley and Dorothy R. Bradley, in the amount of $10,500.00 and made an award of damages to Fred E. Klett in the sum of $8,500.00. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and he is hereby ordered to pay to the Sheriff of Dubuque County, Iowa the award to Merlin H. Brad. ley and Dorothy R. Bradley in the amount of $10,500.00 and to pay to the Sheriff of Dubuque County, Iowa the award to Fred E. Klett in the sum of $8.500.00. Passed, approved and adopted this 6th day of July, 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 Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, M olden- hauer, Pregler. Nays - None. RESOLUTION No. 196-70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes with the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Cruso A. Alba, 2601 Jackson Street Donald C. Brimeyer, 1101 Lincoln Avenue Gene C. Evarts, 2678 Central Ave- nue Carl Herburger, 2987 Jackson Street Phillip Langas, 1104 Loras Blvd. Kenneth J. Love, 802 Central Ave- nue Doris Riekena, 301 Main Street Max Rettenberg, 90 S. Locust Street Judith A. Schiel, 2199 University Avenue Regular Session, July 6, 1970 277 Beatrice Winkler, 1400 Central cilman Pregler. Carried by the fol- Avenue lowing vote: Uoyd W. Heaver, 30 Locust Street Yeas - Mayor Meyers, Council- Kathleen L. Wedig, 1399 Jackson men Bitter, Couchman, Molden- Street hauer, Pregler. D.B.Q. Inc., 4th & Locust Street Nays - None. Phillip R. Love, 1701 Central Ave- nue Stanley Nauman, 320 Main Street Karigan's Restaurant, 401-405 Cen- tral Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 6th day of July, 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 Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 197-70 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 be granted and licenses be ~~~u~~~ro~ tIf:: o~~'f1~~~~eofW¡~~ I City. CLASS "C" BEER PERMIT Gene Evarts, 2678 Central Avenue Passed, adopted and approved this 6th day of July, 1970. Donald R. Meyers Mayor WaIter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen RESOLUTION No. 198-70 WHEREAS, applications for Beer permits were filed by the within named applicants and they have re- ceived the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Ma. nager be and he is hereby directed to issue to the following named ap- plicants a Beer permit. CLASS "C" BEER PERMIT Gene Evarts, 2678 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 6th day of July, 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- Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council' men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 199.70 WHEREAS, applications for Li- qnor penults have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the fol- lowing applications be granted and licenses issued upon the compli. ance with the terms of the Iowa Li- quor Control Act-Chapter 123--as amended by the 60th General As- sembly, 1963. 278 Regular Session, July 6, 1970 CLASS "C" COMERCIAL ESTABLISHMENT Kenneth Jerome Love, 802 Central Avenue Passed, adopted and approved this 6th day of July, 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- man Pregler. Carried by the fol. lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. RESOLUTION No. 200.70 WHEREAS, application for Li- quor permits were filed by the within named applicants and they I 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 ordi. nances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Kenneth Jerome Love, 802 Central Avenue Passed, adopted and approved this day of July, 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 Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman Molden- hauer, Pregler. Nays-None. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Leo F. Frommelt City Clerk Approved 1970 Adopted ..................,................... 1970 ---......................................................... """"--""""""""""'ë~-;;~~¡ï;;;~~"""" Attest: """"ëiiÿ"ëii~~k:""""""""""" Special Session, July 20, 1970 279 CITY COUNCIL OFFICIAL Special Session, July 20, 1970. Council met at 7:30 P.M. Central Daylight Time. Present Meyor Meyers, Council. men Bitter, Couchman, Molden- hauer. City Manager Gilbert D. Chavenelle. Absent-Councilmen Pregler, III. ne.s. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called for the purpose of LEVY. ING A SPECIAL ASSESSMENT AND AUTHORIZING THE ISSU- ANCE OF BONDS TO PAY FOR COST OF CONSTRUCTING CITY OF DUBUQUE 1%9 CONCRETE CURB & GUTTER PROJECT No.1, and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. Printed Council proceedings pre- sented for approval for the months of March and April 1970. Council- man Bitter moved that the proceed- ings be approved as printed. Se- conded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays-None. Absent - Councilman Pregler. Communication of William G. Fullmer, Library Director, submit- ting a copy of communication sent to Peter Anderson of the Telegraph Herald, in answer to itema that ap. peared in Accent column of July 3, 1970, assuring the Council that his remarks to Mr. Anderson were not intended to denigrate city ad. ministration for not building a new library, presented and read. Coun. cilman Bitter moved that the com- munication be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer. Nays-None. Absent----Councilman Pregler. Communication of Dubuque County Law Enforcement Center Study Committee recommending that the Council authorize the sale of a parcel of Urban Renewal pro- perty as the site for consiruction of the proposed Dubuque County- City Law Enforcement Center, said site being between 6th Street and 7th Street and Iowa and Central Avenue, presented and read. May- or Meyers moved that the com- munication be received and filed and the rules suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays - None. Absent - Councilman Pregler. Architect George Deininger pre- sented a sketch of the first ehoice of sites and an alternate site for the proposed law enforcement Cen- ter, the thinking being that the first choice between 6th & 7th would provide plenty of room plus additional area for any future gov- ernmental buildings. Councilman Couchman moved that the Law Enforcement Center proposal be referred to the Coun- cil. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays - None. Absent - Councilman Pregler. July 15, 1970 To the Honorable Mayor And City Council This is to advise that I have ap- proved the following policy and bond, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Ken Schromen, Bituminous Casual- ty Corporation SIDEWALK Roy Frederick, Western Surety Company Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved filing ap- subject to approval of the City Solicitor. Seconded by Councilman 280 Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays - None. Absent - Councilman Pregler. July 17, 1970 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasurer, Water Superintendent, as well as a list of claims, for the month of June 1970. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the re- ports be received and filed. Second, ed by Councilman Couchman. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer. Nays -None. Absent - Councilman Pregler. July 17, 1970 To the Honorable Mayor and City Council I request permission to attend the International City Management Association Conference in San Die- go, September 20-24. The conference theme is "Im- proving the Quality of Life: State- Local Responsibilities." In this con- text there will be discussions of housing, finances, law enforcement and the environment. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved that permission be granted. Se. conded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer. Nays - None. Absent - Councilman Pregler. July 17, 1970 To the Honorable Mayor and City Council I am enclosing a second letter received from the International C i t y Management Association which describes with additional de- tail the program outlined in a pre- vious letter of city access to Special Session, July 20, 1970 NASA's research files. In order to recall the program for you I am again sending copies of this first letter. In addition to the letters, I have also received several NASA publi. cations as illustration of the NASA resource and its possible use for city purpose. The National Aeronautics and Space Administration collects the results of aerospace-related re- search and development. This col. lection now totals about 600,000 in. dexed documents. The space agen- cy has established a Technology Utilization Program. This is a plan- ned continuing effort to locate ae- rospace-related inventions, new scientific knowledge and technical skills and to make them available to potential civilian users. It seems to me that the program being formulated by the interna- tional City Management Associa' tion is guided journey to the NASA knowledge resource and in con- junction with the effort of fifty other cities a directed and system- atic search of this knowledge for city application. I suggest to you that your ad- ministration is undertaking a pro. gram of budget development and management which depends on quantifying and measuring ele. ments of city business and action. I suggest that there is a possibility of discovering useful measuring techniques within the accumulated and recorded knowledge of NASA. I recommend the program offer- ed and again request the authority to pay the $500 expense. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the expenditure. Se- conded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays-None. Absent - Councilman Pregler. July 16, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to have property described Special Session, July 20, 1970 281 as Lot 1 of 3 of John P. Mettel's Sub. No.2, in the City of Dubuque, Iowa, reclassified from Multiple Residence District to Local Busi- ness "B" District. This property is located at 3422 Asbury Road. The Commission reviewed the plans for this general area and the reasons for the existing zoning pat- tern. At a previous meeting, this, and other property in the area that has access to Asbury Road, but ad- joins single family development, was reclassified from Single Fam- ily Residence to Multiple Resi- dence. At that time consideration was given to commercial classifi- ~:~: :fn~;a;r~=i~~ ~:;a:~:t s7~: I gle family residences, the amount of commercial space already avail- able in this general area, and the possible effect additional commer. cial development wouid have on Asbury Road as a traffic carrier. It was the opinion of the Commis- sion that the Multiple Residence District would permit appropriate uses for this particular piece of property. It is the recommendation of the Commission that the property as described remain in the Multiple Residence District. CITY PLANNiNG AND ZONING COMMISSION Don Gilson City Planner Mayor Meyers moved approval of the recommendation. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer. Nays-None. Absent-Councilman Pregler. July 16, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to have property described as Lot I of 4 of John P. Mettel's Sub. No.2, in the City of Dubuque, Iowa, reclassified from Multiple I Residence District to Local Busi- ness "B" District. This property is located at 3370 Asbury Road. The Commission reviewed the plans for this general area and the reasons for the existing zoning pattern. At a previous meeting, this and other property in the area that has access to Asbury Road, but adjoins single family deyelop- men,t was reclassified from Single Family Residence to Multiple Resi- dence. At that time consideraÜon was given to commercial classifica- tion and was decided against be- cause of the proximÜy to the single family reoidences, Ihe amoum of commercial space already avail- able in this general area, and the possible effect addidonal commer- cial developmem would have on Asbury !toad as a traffic carrier. It was the opinion of the Commis- sion that the Multiple Residence Vi"rict would permÜ appropriate uses for this particular piece of prOperly. It is the recommendation of the Commission that the property as described remain in the Muldple ltesidence Discrict. Respectfully submitted, CITY PLANNING AND ZONING COMMIS,jION Don Gilson City Planner Councilman Couchman moved approval of the recommendation. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. July 16, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a request to reclassify property, described as Lots 316 and 317 in Lennox Addi- tion, in the City of Dubuque, Iowa, from Single Family Residence to Two Family Residence District. This property is located on the southwest corner of illinois Ave- nue and Drexel Avenue. The general area in which this property is located has been devel- oped for single family residences. The change in classification, as reo quested, would require establish- ment of a new, and very small, district on the zoning map. The two lots in question are as suitable for single family residences as for duplexes. -- - - - 282 Special Session, July 20, 1970 It is the recommendation of the Commission that the property as described remain in the Single Family Residence District. RespectfullY submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Meyers moved approval of the recommendation. Seconded by Councilman Moldenhauer. Car- ried by the following vote: I Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councl!man Pregler. July 16, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has review a request to have Article IV, Section 1 (h) amended to include property de. I scribed as Lot 5 of the Sub of Lot 3 of Block 4 in Westchester Sub- division, in the City of Dubuque, Iowa. This would authorize profes- sional offices as permitted uses in addition to other uses generally permitted in the Multiple Resi- dence District. This property is lo- cated at 2105 Kennedy Road and is occupied by a four-unit apart- ment house. I The Commission reviewed tbeir ' action, taken on the same request at a meeting held on May 28, 1969. It was the opinion of the Commis- sion that the circumstances were basically unchanged and that the recommendation made at that time represents its best judgment. A copy of the previous recommen- dation is attached. It is the recommendation of the Commission that the Ordinance not be amended. Respectfully submitted, CITY PLANNING AND ZONING COMMISION Don Gilson City planner Attorney Gary Norbey represent- ing Mr. Dorweiler and also Mr. Dorweiler himself pleaded with the Council to allow the rezoning, mostly on the basis of fairness with their neighbors directly across the street which is presently zoned for professional use. --- Mayor Meyers moved approval of the recommendation of the Com- mission. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer. Nays - None. Absent - Councilman Pregler. July 8, 1970 Hon. Mayor & City Council On May 14, 1970, Mrs. Chris Les- lein, 745 Groveland, this city, filed claim against the City of Dubuque in no specified amount for injuries allegedly suffered by her on May 11, 1970 as the result of an alleged fall at or near 1449 Locust Street, this city, alleging injuries to her left side consisting of bruises and abrasions, and this matter was reo ferred to the writer. I have made an investigation of this matter, have reviewed the me- dical bills and have conferred with the claimant who has made an of- fer of settlement of this claim in the amount of $100.00. It is the re- commendation of the City Attor- ney that said offer of settlement be accepted and that the City Au- ditor be instructed to draw a war- rant payable to Mrs. Chris (Gene- vieve) Leslein and Chris Leslein, wife and husband, in the amount of $100.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed re- leases. Original claim is returned herewith. Yours very truly, R. N. Russo City Attorney Mayor Meyers moved approval of the recommendation. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays - None. Absent - Councilman Pregler. Notice of claim of Claudette C. Bandy, in the amount of $74.68, for car damage received as tbe re- sult of striking a poor condition in the street at the intersection of Daniels and Kebbie streets on June 20, 1970, presented and read. Mayor Meyers moved tbat the notice of claim be referred to the Special Session, July 20, 1970 283 City Attorney for investigation tion to "Mnltiple Family Re,"dence Dls- and report. Seconded by Council- :~~~¡;~dci:'::¡f1~;t~î~ f;;."w,f.°llOWing de. man Moldenhauer. Carried by the Block 10. Sunset Park Subdlvi,"on No. following vote: 2S~ti~~e 2~'¥h':'{ t~~ Yeas - Mayor Meyers, Council- ment has heretofore been a men Bitter, Couchman, Molden- ~~eth~"!:~r:';f ~':,,~u~g~>in'~wa. hauer. Passed. approved and adopted this Nays - None. . 20th day of Jur,'o'¡:íS' R. Me era Absent - Councilman Pregler. MaYor Y Wayne A. Moldenhauer Proof of Publication, certified to f"'¡.!~~dJMÍ3,?;:;:,chman by the Publisher, of notIce of pub- Councllmen lie hearing to c~nsider a proposal A~~~t'F. Frommelt to amend OrdInance No. 3-34, cay Clerk known as. the Zoning Map and H!r~fJis')¡'~w~f~C:,arllYt¡;¡s Th~r Telegraph. Zomng OrdInance, so as to change July 1970. p P 2 d day of Bloek 10,. Sunset Park Subdivision Leo. F. Frommelt No.2, from Single Family Resi- It. 7/2. C,ty Clerk dence District Classification to Multiple Family Residence District. Mayor Meyers moved final adop- Classification, presented and read. Iron of ~he OrdInance. Secon~ed No written objectiona were filed by CouncIlman Couchman. CarrIed and no oral objectors were pre. by the folloWIng vote: . sent in !be Council Chamber set Yeas .- Mayor Meyers, CouncII- for the public hearing. men BItter, Couchman, Molden- Mayor Meyers moved that !be hauer. proof of publication be received Nays - None. . and filed. Seconded by Council. Absent - CouncIlman Pregler. man Couchman. Carried by the fol. ORDINANCE No. 38.70 loWIng vote: An Ordinance amending Ordi- Yeas .- Mayor Meyers, Council. nance No. 33-49 known as the men BItter, Couchman, Molden- "Traffic Code of Dubuque, Iowa" hauer. as amended, by enacting a new Nays - None. . subsection 105 to Schedule VI Absent - CouncIlman Pregler. thereof to prohibit parking of ORDINANCE No. 36.70 motor vehicles on the north side An Ordinance Amending and of Kane Street from Ken Court Changing Ordinance No. 3,34 to Carter Road, known as !be "Zoning Map and presented and read. Zoning Ordinance of the City of Councilman Couchman moved Dubuque, Iowa" so as to change that the reading just had be con- certain property hereinafter de- sidered the first reading of the Or- scribed from "Single Family Re- dinance. Seconded by Councilman sidence District" Classification Bitter. Carried by the following to "Multiple Family Residence vote: District Classification, Yeas - Mayor Meyers, Council- said Ordinance having been pre- men Bitter, Couchman, Molden. viously presented and read at the hauer. Council meeting of June 29, 1970, Nays - None. presented for final adoption. Absent - Councilman Pregler. OROINANCE NO. .6.70 Councilman Cou~~man move? CE AMENDING AND that the rule requIrIng an Ordl- RDINANCE No ,-" nance to be read on three sepa- rate days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays - None. Absent - Councilman Pregler. OROINANCE NO. .a.70 AN ORDINANCE AMENDING ORDI. NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY ENACT. TIi NI BY -- OF DUB Section known a' Ordinance Iowa" be and the a,me I amended by changing from Famlly Residence District" Special Session, July 20, 1970 285 Special Session, July 20, 1970 lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. OROINANCE NO. 39.7. AN ORDINANCE AMENDING ORDI. NANCE No. 3-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE. lß;¡A~ ~Ï:~M~û'.rfféTrO~ 'f.A% SECTION A OF SCHEDULE III THEREOF TO PROVIDE THAT EAST AND WEST BOUND VEHICLES ON GOETHE STREET MUST STOP BE- >-ORE ENTERING THE INTERSEC- TION OF SHERIDAN sTREET. NOW THEREFORE BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section ,. That o,dlnance No. 33-49 known" the "fia£flc Code of Du. huque, 10wa" ., amended, be and the '- ,___h.. omonded bY enacting ,n A of Petition of Robert C. Wahlert requesting permission to extend the Moore Heights Sanitary Sewer, at his expense, approximately 100', presented and read. Mayor Meyers moved that the petition be granted. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent--Councilman Pregler. Petition of Marine Corps League requesting permission to hold a pa- rade on September 5, 1970 being a round up day celebration spon- sored by Colt .45 Drum and Bugle Corps, presented and read. Mayor Meyers moved that the petition be referred to Manager and staff. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer. Nays-None. Absent-Councilman Pregler. Petition S. J. Frommelt request- ing pennission to excavate at 465 Huff Street, to connect to water main, presented and read. Council- man Bitter moved that the petition be approved. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. Petition of Canfield Hotel re- questing replacement of a street light at 4th & Iowa Street present. ed and read. Councilman Bitter moved that the petition be referred to the Manager and Engineering Department for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. and Engineering Department for investigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. Proofs of Publication, certified to by the Publishers, of notice of public hearing of levy of special assessments and intention of the Council to issue bonds for con. struction of City of Dubuque 1969 Concrete Curb & Gutter Project No.1 on: Pennsylvania Avenue from W.P.L. of Key Knolls Subdivision to W.P.L. of Lot 2.1 of the E'h of SW'Á! Sec. 21 T. 89 N. R. 2E. Perry Street from the alley west of Grandview Avenue to E.P.L. of Rider Street, presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the proofs of publication be re- ceived and filed. Seconded by Ma- yor Meyers. Carried by the follow. ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays - None. Absent - Councilman Pregler. Statement of City Clerk certify. ing that notices of levy of assess. ments where mailed by certified mail on June 16, 1970 to property owners of record, subject to assess- ment, to pay cost of constructing 1969 Concrete Curb & Gntter Pro- ject No.1, presented and read. Councilman Bitter moved that the statement be received and filed. Se- conded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays-None. Absent - Councilman Pregler. Statement of Ray D. Rampson, a member of the Engineering de- partment, certifying that natices of levy were posted in the assessable area of City of Dubuque 1969 Con- crete Curb & Gutter project No.1 on June 25, 1970, presented and ING A SCHEDU HIDIT cLES MNJ'ARTÊÌnioÃD. NOW THEREFORE BE IT ORDAlNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That o,dlnance No. 33-49 known ., the "fiaffic Code of Du- , be and the by enacting a Schedule VI th ,Ide of Kane St,eet f,om Ken Court to Carte' Road. Pa.,ed. approyed and adopted tbis 20th day of July, 1970. Donold R. Meyen Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Atte": Leo F. Frommelt City Clerk published officially In The Tele..-aph- He"ld Newspaper tbis 23rd day of July, 1970. Leo F. Frommelt CIty Clerk westbound yehi- - - - - - before entering the intenecUon of: 22. Sheridan Street and Goethe Street. Pa.,ed, app,oyed and adopted tbis 'Oth day of Juiy, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Coucbman Jo,eph J. Bltter Counc11men Attest: Leo F. F,ommelt City Cle,k . ,bed officiallY in The Teleg"ph. New,pape' tbis 23rd day of July Leo F. Frommelt City Clerk 7.23 Councilman Couchman moved fi- nal adoption of the Ordinance. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden' hauer. Nays - None. Absent - Councilman Pregler. ORDINANCE NO. 39-70 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new I subsection 22 to Section A of Schedule '" thereof to proyide that east and west bound vehi- cles on Goethe street must stop before entering the intersection of Sheridan Street, Presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Bitter. Carried by the follow- I ing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun. cilman Bitter. Carried by the fol. I 't. 7/23 Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent--Councilman Pregler. Petition of John J. Cody of Lor. as College requesting permission to hold a bonfire on October 2, 1970 and a parade on October 3, 1970 to celebrate Homecoming and the resumption of football at Lor- as, presented and read. Mayor Mey- ers moved that the petition be re- ferred to the Manager and staff. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent--Councilman Pregler. Petition of Dubuque Auto Ex- change Co. requesting replacement of a street light at 4th & Iowa Street, presented and read. Coun- cilman Bitter moved that the peti- tion be referred to the Manager 286 Special Session, July 20, 1970 read. Councilman Bitter moved that the statement be received and filed. Seconded by Council' man Couchman. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays-None. Absent - Councilman Pregler. RESOLUTION No. 201.70 SCHEDULE OF ASSESSMENTS RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for City of Dubuque 1969 Concrete Curb & Gutter Project No.1 on Pennsylvania Avenue from W.P.L. of Key Knolls Sub- division to the W.P.L. of Lot 2-1 of the E'h of SW'I. of Section 21, T. 89, N. R 2E. Perry Street from the alley west of Grandview Ave. to E.P.L. of Rider Street, by Tri-State Paving Co. contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, for the several amounts set opposite each lot or parcel of real estate, as set forth in the fol- lowing schedule: CITY OF DUBUQUE 1969 CONCRETE CURB & GUTTER PROJECT NO.1 Total Construction Cost ......................................$40,222.04 City Share-Construction ................,......... 27,397.48 Assessable Share-Construction 20% Engineering Expense 5% Interest--1i2 days 12,824.56 2,564.91 92.62 'Total Assessment Amount ..................................$15,482.09 City Share-Construction ....................."..... 27,397.48 City Share-Engineering ................."......... 4,133.03 TOTAL COST: ..............................................$47,012.60 'of this amount the City will be paying $4,020.16 for lots in the county and property purchase. SCHEDULE OF ASSESSMENTS For Pennsylyania Aye.-Curb & Gutter-WPL Key Knolls Sub. to the WPL of Lot 2-1 of E.Vz.S.W.Vz- Sec. 21 T. 89N. R. 2E. 5 PM. Dubuque Community School District, Lot 1-2, E.'h-S.W.'.-Sec. 21 T. 89N. R2E ......................................................................................$1,922.14 Dubuque Community School District, Lot 2.1, E.'h-S.W.¥4-Sec. 21 T. 89N. R2E ................................................................................ 5,783.91 Sisters of the Presentation, Lot 1-2, Byrnes Subdivision .............", 176.90 'Sisters of the Presentation, Lot 3, Byrnes Subdivision ...........,.... -Ø- "Ret Corporation, Lot 1, N.E.'.-N.W.¥4-Sec. 28 T. 89N. R2E ...." -0- $7,882.95 'Outside City Limits to be paid by City of Dubuque: Sisters of the Presentation, Lot 3, Byrnes Subdivision .........................,.. 8.22 "Property Purchase Agreement paid by City of Dubuque: Ret Corporation, Lot I, N.E.¥4-N.W.¥4-Sec. 28 T. 89N. R2E ..""" 4,011.94 $11,903.11 7969 Cu. Yds. Excavation @ 1.30 ....................................................$10,359.70 2 30" Flared End @ 150.00 ................................................................ 300.00 4275 Sq. Yds. Seeding @ 0.20 ........................................................ 855.00 1928 Cu. Yds. Fill @ 1.30 ................................................................ 2,506.40 472 Lin. Ft. Fence-remove & replace @ 1.25 ...................."...... 590.00 5 Sq. Yds. Concrete Remove @ 2.00 ................................................ 10.00 4.8 Sq. Yds. Concrete Driveways @ 8.75 ........................................ 42.00 1 Conerete Intake Box @ 300.00 .................................................... 300.00 126 Lin. Ft. 30" Corrugated pipe removal @ 0.60 ..............".... 75.60 97.7 Tons 0/4" Stabilized rolled stone base @ 3.50 ...........,.... 341.95 3 Wing walls & Apron removal @ 125.00 ............' 375.00 225.00 7,720.80 597.12 225.00 943.50 446.50 441.00 1,500.00 1,000.00 1,500.00 171.75 Total Cost ........................................................$30,526.32 City Share """"""""""""""""""""""""""" 20,666.40 Assessable ..................................................$ 9,859.92 20% Engineering """"""""""""""""""" 1,971.98 5% Interest/52 days """""""""""""""" 71.21 TOTAL ASSESSABLE ................................$11,903.11 All of which Is assessed in proportion to the special benefits conferred. Perry Street Curb & Gutter from the alley west of Grandyiew Ayenue to the East Property Line of Rider Street. Leo & Dorothy Cox, 24, Block 6 - Grandview Park Add. ............$ Leo & Dorothy Cox, 25, Block 6 - Grandview Park Add. ............ Leo & Dorothy Cox, 26, Block 6 - Grandview Park Add. """""" Leo & Dorothy Cox, 27, Block 6 - Grandview Park Add. """""" Vera C. Rederus, 28, Block 6 - Grandview Park Add. """""""" Vera C. Rederus, 29, Block 6 - Grandview Park Add. """""""" John Duane & Audrey Mortensen, 30, Block 6 - Grandview Park Add. John Duane & Audrey Mortensen, 31, Block 6 - Grandview Park Add. John Duane & Audrey Mortensen, 1-32, Block 6 - Grandview Park Add. """""""""" 44.21 Donovan F. & Marjorie M. Ward, 2-32, Block 6 . Grandview Park Add. Donovan F. & Marjorie M. Ward, 33, Block 6 - Grandview Park Add. Donovan F. & Marjorie M. Ward, 34, Block 6 - Grandview Park Add. George W. & Helen F. Chapman, 35, Block 6 - Grandview Park Add. George W. & Helen F. Chapman, 36, Block 6 - Grandvicw Park Add. George W. & Helen F. Chapman, 1.37, Block 6 - Grandview Park Add. """""""""" James & Sheila Finn, 2-37, Block 6 . Grandview Park Add. .... James & Sheila Finn, 38, Block 6 - Grandview Park Add. ........ James & Sheila Finn, 39, Block 6 - Grandview Park Add. """" John G. & Genevieve J. Kiefer, 1, Block 15 - Grandview Park Add. John G. & Genevieve J. Kiefer, 2, Block 15 - Grandview Park Add. John G. & Genevieve J. Kiefer, 2-3, Block 15 - Grandview Park Add. Walter K. & Lulu M. Schoby, 1-3, Block 15 - Grandview Park Add. Walter K. & Lulu M. Schoby, 4, Block 15 - Grandview Park Add. Walter K. & Lulu M. Schoby, 5, Block 15 - Grandview Park Add. Cletus F. & Marjorie G. Kemp, 6, Block 15 - Grandview Park Add. Special Session, July 20, 1970 3 Concrete Callars @ 75.00 ............................................................ 2573.6 Lin. Ft. Comb. C&G Type "A" @ 3.00 186.6 Lin. Ft. Comb. C&G Type "B" @ 3.20 30 Lin. Ft. 15" RC.C.P. @ 7.50 """""""""""""""""""""""""""" 111 Lin. Ft. 18" RC.C.P. @ 8.50 """""""""""""""""""""""""" 47 Lin. Ft. 21" RC.C.P. @ 9.50 """""""""""""""""""""""""""" 42 Lin. Ft. 24" RC.C.P. @ 10.50 """"" 3 Double Catch Basins @ 500.00 """"" 1 Special Double Catch Basin @ 1000.00 125 Lin. Ft. 30" RC.C.P. @ 12.00 EXTRA WORK @ LUMP ~ 55.14 77.84 86.15 88.40 122.21 88.40 86.40 134.86 44.21 137.00 88.40 123.27 88.40 44.21 44.21 88.40 88.40 86.39 88.39 43.21 43.21 86.39 120.19 86.39 Special Session, July 20, 1970 10 Replace water boxes w/Buffalo Boxes @ 30.00 1 Tree removal 6" - 9" @ $25.00 .. 2 Tree removal 10" - 12" @ 35.00 1 Tree removal 13" - 15" @ 50.00 1 Tree removal 19" - 24" @ 200.00 2 Tree removal 25" - 30" @ 225.00 1 Tree removal 37" - 48" @ 300.00 289 Special Session, July 20, 1970 288 300.00 25.00 70.00 50.00 200.00 450.00 300.00 Total Cost ........................................................$9,695.72 City Share """"""""........................................ 6,731.08 Assessable ...........................................-............$2,964.64 20% Eng. """"""""""""""""""""""""""""" 592.93 5% Int./52 days """"""""""""""""""""" 21.41 TOTAL ASSESSABLE ....................................$3,578.98 Passed, adopted and approved SED COST OF CITY OF DUBU- this 20th day of July 1970. QUE 1969 CONCRETE CURB & Donald R Meyers GUTTER PROJECT NO.1. Mayor Whereas the contract heretofore Wayne A. Moldenhauer entered into by the City of Dubu- Gaylord M. Couchman que, Iowa, for the improvements Joseph J. Bitter hereinafter described has been Councilmen completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $15,482.09 Dollars of the cost there- of shall be assessed against the pro- perty subject to assessment there. for; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in. tention of the City Council to is- sue bonds for the purpose of pro- viding for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay. ment of the assessed cost of the improvement of CITY OF DUBU- QUE 1969 CONCRETE CURB & GUTTER PROJECT NO.1 on the following named streets: 1. Pennsylvania Avenue-from W.P.L. of Key Knolls Subdivi' sion to the W.P.L. of Lot 2-1 of the E'h of the SWv. of Section 21, T. 89N. R 2 E. 2. Perry Street-from the alley west of Grandview Avenue to the E.P.L. of Rider Street. there shall be issued street im- provement bonds in the amount of $15,000.00 Dollars in anticipation Cletus F. & Marjorie G. Kemp, 7, Block 15 - Grandview Park Add. Cletus F. & Marjorie G. Kemp, 2-8, Block 15 - Grandview Park Add. Frances L. & M. D. Conlon, 1-8, Block 15 - Grandview Park Add. Frances L. & M. D. Conlon, 9, Block 15 - Grandyiew Park Add. . Frances L. & M. D. Conlon, 10, Block 15 - Grandview Park Add. J. Timothy & Deanne McNeil, 11, Block 15 - Grandyiew Park Add. J. Timothy & Deanne McNeil, 12, Block 15 - Grandview Park Add. ........................ Arabell Weber, 13, Block 15 - Grandview Park Add. .............." Arabell Weber, 14, Block 15 - Grandview Park Add. ..........".... Vincent J. & Ruth Connolly, 15, Block 15 - Grandview Park Add. Vincent J. & Ruth Connolly, 16, Block 15 - Grandview Park Add. Vincent J. & Ruth Connolly, 17, Block 15 - Grandview Park Add. Chester G. & Wilma A. Robinson, 18, Block 15 - Grandview Park Add. Chester G. & Wilma A. Robinson, 19, Block 15 - Grandview Park Add. Chester G. .& Wilma A. Robinson, 20, Block 15 - Grandview Park Add. Dubuque Golf Club, 32, Block 15 - Grandview Park Add. .....,.. Dubuque Golf Club, 33, Block 15 - Grandview Park Add. ........ Dubuque Golf Club, 34, Block 15 - Grandview Park Add. ...."" Dubuque Golf Club, 35, Block 15 - Grandview Park Add. .....". Dubuque Golf Ciub, 36, Block 15 . Grandview Park Add. ....".. Dubuque Golf Club, 37, Block 15 . Grandview Park Add. ...,.... Dubuque Golf Club, 38, Block 15 . Grandview Park Add. .....". Dubuque Golf Club, 39, Block 15 - Grandview Park Add. .....". Dubuque Golf Club, 40, Block 15 - Grandview Park Add. ......" Dubuque Golf Club, 41, Block 15 . Grandview Park Add. ....".. Dubuque Golf Club, 42, Block 15 - Grandview Park Add. ....".. Dubuque Golf Club, 43, Block 15 - Grandview Park Add. .....". Dubuque Golf Club, 44, Black 15 - Grandview Park Add. ......" Dubuque Golf Club, 45, Block 15 - Grandview Park Add. ....,... Dubuque Golf Club, 46, Block 15 - Grandview Park Add. ........ Dubuque Golf Club, 47, Block 15 - Grandview Park Add. ..".... Dubuque Golf Club, 48, Block 15 - Grandview Park Add. ..".... Dubuque Golf Club, 49, Block 15 - Grandview Park Add. ......., Dubuque Golf Club, 50, Block 15 - Grandview Park Add. ........ Dubuque Golf Club, Vacated Morgan Street 86.39 17.01 43.21 86.39 130.75 120.19 86.39 120.19 86.39 86.39 120.19 40.61 85.69 45.10 Attest: Leo F. Frommelt City Clerk Mayor Meyers moved final adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer. Nays - None. Absent - Councilman Pregler. Proofs of Publication, certified to by the Publishers, of Notice of public hearing to consider a pro. posal to authorize the issuance of $15,482.09 Street Improvement Bonds for the purpose of paying the assessed cost of constructing City of Dubuque 1969 Concrete Curb & Gutter Project No.1, pre- sented and read. Councilman Couchman moved that the proofs of publication be received and filed. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays-None. Absent - Councilman Pregler. RESOLUTION No. 202-70 RESOLUTION PROVIDING FOR THE ISSUANCE OF STREET 1M. PROVEMENT BONDS FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE ASSES- 13.08 2.72 6.72 10.39 12.65 12.65 12.65 12.65 12.65 12.65 12.65 12.65 12.65 12.65 12.65 12.65 12.65 12.65 12.65 12.65 42.88 $3,578.98 760 Cu. Yds. Excavation @ 1.30 ......................................................$ 988.00 110 Sq. Yds. Sad - in place @ 0.60 .................................................. 66.00 1 Junction Box wiring & cover @ 300.00 ........................................ 300.00 38.2 Sq. Yds. Driveway Siab @ 8.00 ................................................ 305.60 1069.3 S<J. Yds. Cone. Removal @ 2.00 ............................................ 2,138.60 677.5 Sq. Yds. Sidewalk - 4" @ 0.65 ................................................ 440.38 35.7 Sq. Yds. Cone. Driveways @ 8.75 ............................................ 312.38 845.9 Lin. Ft. Cone. C&G Type "A" @ 3.00 .................................... 2,537.70 35.8 Lin. Ft. Cone. C&G Type "B" @ 3.20 .................,.................... 114.56 2 Lin. Ft. 18" RC.C.P. @ 8.50 ............................................................ 17.00 41 Lin. Ft. 24" RC.C.P. @ 10.50 ........................................................ 430.50 Stone pillars. remove, LUMP ............................................................ 50.00 All of which is assessed in proportion to the special benefits conferred. 2 Catch Basin Single @ 300.00 ..........,.. 600.00 ~. I i t if tii. :¡. :II 290 Special Session, July 20, 1970 of the deferred payment of assess- ments levied for such improvement. 2. Such bonds shall be called street improvement bonds; and shall bear the date of August 19, 1970; and shall be numbered con- secutively; and they shall be nu- mbered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: I 1 1493-1495 $500.00 April 1, 1971 2 1496-1498 $500.00 April 1, 1972 3 1499-1501 $500.00 April 1, 1973 4 1502-1504 $500.00 April 1, 1974 5 1505-1507 $500.00 April 1, 1975 6 1508-1510 $500.00 April 1, 1976 7 1511-1513 $500.00 April 1, 1977 8 1514-1516 $500.00 April 1, 1978 9 1517-1519 $500.00 April 1, 1979 10 1520-1522 $500.00 April 1, 1980 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semiannually in in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in substant- ially the following form: No. Series No. CITY OF DUBUQUE Street Improyement Bond The City of Dubuque in the State of Iowa promises to pay as herein. after mentioned to the bearer here- of, the sum of five hundred dollars with interest thereon at the rate of seven per cent per annum, payable semiannually, on the presentation and surrender of the interest cou- pons hereto attached. Both princi- pal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque un- der and by virtue of Chapter 396 of the 1966 Code of Iowa, as amen- ded, and the Resolution of said City duly passed on the twentieth day of July, 1970, being Resolution No........................""""""""""""""""" This Bond is one of a series of thirty bonds, all for $500.00 num- bered from 1493 through 1522, all of like tenor and date. and issued for the purpose of providing for the payment of the City of Du. buque, 1969 Curb & Gutter Pro- ject No.1 as described in said Re- solution, in said City, which cost is payable by the abutting and ad. jacent property along said improve- ments and is made by law a lien on all of said property. n is pay- able only out of the Special Assess- ment Fund 1279 created by the col- lection of said special tax, and said fund can be used for no other pur- pose. n is hereby certified and recited that all the acts, conditions and things required to be done, prece. dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay. ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irre. vocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and counter-sigoed by its City Clerk and the Seal of said City to be thereto affixed, this twen- tieth day of July, 1970. Donald R. Meyers, Mayor Leo F. Frommelt, City Clerk (Form of Coupon) On the ....................."......... day of .............................................., the City of Dubuque, Iowa, promises to pay to the bearer, as provided in said bond, the sum of ................................ Dollars, in the office of the City Treasurer in the City of Dubuque, being ..............".... months' interest due that date on its ............."........... Bond No. dated .......................................... Mayor .......................................... City Clerk Special Session, July 20, 1970 6. That the Mayor and City Clerk of Dubuque, Iowa, to Dubuque be and they are hereby instructed Packing Company, for the pur- to cause said bonds to be prepared chase price of $100 plus costs of and when so prepared to execute publication, presented and read. said bonds and that the City Clerk No written objections were filed be and is hereby instructed to reg. and no oral objectors were present ister said bonds in a book kept for in the Council Chamber at the that purpose and to then deliver time set for the public hearing. them to the City Treasurer. Councilman Couchman moved that 7. That the City Treasurer is the proof of publication be re- herehy instructed to sell said bonds ceived and filed. Seconded by in the manner provided by law. the Councilman Bitter. Carried by the proceeds of said sale to be placed following vote: in a special fund to be known as Yeas - Mayor Meyers, Coun- Special Assessment Fund 1279 and ci1men Bitter, Couchman, Molden- paid out by him to pay the cost hauer. of said contract. Nays-None. 6. That the interest coupons at- Absent-Councilman Pregler. tached t? t.he bonds be signed with RESOLUTION NO. 203-70 the facSImIle Slgoature of the Ma- yor and countersigned with the . WHEREAS: pursuan~ to res?lu, facsimile sigoature of the City hon of publIshed notIce ?f tI~e Clerk and place of heanng publIshed In 9.. T~at "'! fast as funds allow, ~~eg;~~~~a~~~~~;;~~~ ~u~~~~~P~~ begInnIng wIth the second year af- the City Dubuque Iowa on June ter ~e payment of. interest due, ] 9, 1970 and Jun~ 26, 1970, City the City Treasurer directed to call Council of Dubuque Iowa met on these bonds in the same order as the 20th day of JuIÝ, 1970 at 7:30 numbered. o'clock P.M. Central Daylight Say- 10. Notice of election to call ings Time, in the City Council these bonds shall be g!ven by reg. Chamber, City Hall, Dubuque, ular United States mall addressed Iowa, to consider the proposal to to the last known address of the dispose of interest of the City of purchaser. Dubuque to the unvacated portion Passed adopted and approved of Sycamore Street situated north this twe~tieth day of July, 1970. of the north side of 16th Street Donald R. Meyers running northerly to the south side Mayor of the vacated portion of East 19th Wayne A. Moldenhauer Street in the City of Dubuque, Gaylord M. Couchman Iowa to Dubuque Packing Compa. Joseph J. Bitter ny, and Councilmen WHEREAS, City Council of Du. buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Du- buque Packing Company: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa Section 1. That the disposal of interest of City of Dubuque, Iowa in real estate to Dubuque Packing Company covering the following described real estate, to-wit; The unvacated portion of Syca-.. more Street situated north of the north side of 16th Street running northerly to the south side of the vacated portion of East 19th Street in the City of Dubuque, Iowa Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. Proof of Publication, certified to by the Publisher, of Notice of time and place of hearing to consider proposal to dispose of the unvacat- ed portion of Sycamore Street sit- uated north of the north side of 16th Street running northerly to the south side of the vacated por- tion of East 19th Street in the City 291 Special Session, July 20, 1970 WHEREAS, a plat subdividing certain lots for public right-of-way and other purposes has been exa- mined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said Plat has been examined by the Planning and Zon- ing Commission of the City of Du- buque, Iowa, and has its approval endorsed thereon; and WHEREAS, said plat conforms to the laws of the state of Iowa, and the ordinances of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That the plat dated May 28, 1970, of the Subdivision of City Lot 173 in the City of Dubu- que, Iowa; and of the Subdivision of Lot No.1, Lot No.2, Lot No.3, Lot No.4, and Lot No.5, each in Weigel's Subdivision of Lot No. 180 and the South 11 feet of City Lot No. 179, City of Dubuque, Iowa, by Carl F. Bartels, licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby approved. Section 2. That Section 1 of Re- solution No. 53 adopted the 2nd day of March, 1970, as it hereto- fore existed be and the same is hereby repealed and declared null and void. Section 3. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and di. rected to file a copy of this Reso- lution in the Office of the County Recorder in and for Dubuque Coun- ty, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- 292 subject to perpetual easement to the City for all public utilities lo- cated therein for the location, re- pair and maintenance of said pub. lie utilities and for the right of ingress and egress, for the pur. chase price of $100.00 plus costs of publication. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of con- veyance to Dubuque Packing Com. pany upon receipt of total pur- ebase price in the amount of $100.00 plus costs of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Counciman Bitter moved adop- I tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer. Nays-None. Absent-Councilman Pregler. RESOLUTION No. 204-70 SUBDIVIDING CERTAIN LOTS IN THE DOWNTOWN URBAN RENE- WAL PROJECT AREA FOR PUB- UC RIGHT-OF-WAY AND OTHER PURPOSES AND AMENDING RE- SOLUTION NO. 53-70. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants, demolished and removed site improvements, and otherwise pre- pared certain land for reuse pur- poses; and I Special Session, July 20, 1970 ed by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays-None. Absent - Councilman Pregler. RESOLUTION No. 205-70 DEDICATING CERTAIN LOTS IN THE DOWNTOWN URBAN RE- NEWAL PROJECT AREA FOR STREET PURPOSES AND AMENDING RESOLUTION NO. 54-70 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America enter- ed into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R.15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants, demoIished and removed site improvements, and has other- , wise prepared certain land for re- I use purposes; and WHEREAS, a plat dedicating certain lots for street purposes has been examined by the City of Du- buque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City af Dubuque, Iowa, and its approval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat dated May 28, 1970, dedicating Lot 2 of City Lot 173 in the City of Dubu- que, Iowa, and Lot 2 of Lot No.1, and of Lot 2 of Lot No.2, and of Lot 2 of Lot No.3, and of Lot No. 2 of Lot No.4, and of Lot No.2 of Lot No.5, each in Weigel's Subdi- vision of City Lot No. 180 and the; South 11 feet of City Lot No. 179, I City of Dubuque, in the City of Du- buque, Iowa, by Carl F. Bartels, Ii- censed Professional Civil Engineer and Land Snrveyor, be and the same is hereby approved, and the dedications of said Lots for public street purposes as West Eighth Street and West Sixth Streets re- spectfully together with easements for pubIic utilities as the same ap- pears upon said plat, be and the same are hereby accepted. Section 2. That Section 4 of Re- solution No. 54-70 adopted the 2nd day of March 1970, as it heretofore existed be and the same is hereby repealed and decIared null and void. Section 3. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to file a copy of this Re- solution in the Office of the Coun- ty Recorder in and for Dubuque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of JuIy, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adap- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays - None. Absent - Councilman Pregler. RESOLUTION No. 206'70 APPROVING A PLAT IN DURU- QUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA AND AMENDING RESOLUTION NO. 55-70 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal 293 294 Special Session, July 20, 1970 Plan for said Project, has acquired real estate, relocated site occu- pants, demolished and removed site improvements, and has other. wise prepared certain land for re- use purposes; and WHEREAS, a plat of Block 9 in Dubuque Downtown Plaza being comprised of Lot 10f City Lot 173, City Lot 174, City Lot 175, City Lot 176a, City Lot 177, City Lot 178, North 53 feet of City Lot 179, each in the City of Dubuque, Iowa, and of City Lot 173A, City Lot 174A, City Lot 176B, City Lot 177A, City Lot 178B, each in the City of Du- buque, Iowa, and of Lot 1 of Lot No.1, Lot 1 of Lot No.2, Lot 1 of Lot No.3, Lot 1 of Lot No.4, Lot 1 of Lot No.5, and of Waterway 3'h feet wide and 75 feet long, each In Weigel's Subdivision of City Lot No. 180 and of the South 11 feet of City Lot No. 179, City of Dubuque, In the City of Dubuque, Iowa, has been examined by the City Coun- cil of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and has its appro- val endorsed thereon; and WHEREAS, said plat conforms to I the laws of the State of Iowa, and the ordinances of the City of Du- , buque, governing the subdivision of real estate in the City of Du- buque, Iowa, now therfore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat of Block 9 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated May 28, 1970 by Carl F. Bartels, a licensed Professional Civil Engi- neer and Land Surveyor, be and the same is hereby approved. Section 2. That the third Where- as Clause and Section I of Resolu- tion No. 55-70 adopted the 2nd day of March 1970, as they heretofore existed be and the same are hereby repealed and declared null and void. Section 3. That the Mayor and City Clerk be and they are hereby authrozed and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and di- rected to file a copy of this Reso- lution in the Office of the County Recorder in and for Dubuque Coun- ty, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couebman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolutian. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays-None. Absent - Councilman Pregler. RESOLUTION No. 207.70 AUTHORIZING THE EXECUTION AND DELIVERY OF DEED TO FISCHER AND COMPANY, INC. FOR SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, the City of Dubuqne and Fischer and Company, Inc. have or will enter into a Contract for the Sale of Land in the Down- town Urban Renewal Project, Iowa R.15, for private redevelopment by Fischer and Company, now there- fore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed for the sale of the real estate described hereinbelow to Fischer and Com- pany, Inc. Lot 1 of Subdivision of City Lot 146 and the southerly 11.2 feet of City Lot 147 in the City of Dubuque, Iowa, containing 6,527.64 square feet, more or less. Section 2. That the Director of the Department of Urban Renewal I is hereby authorized and directed Special Session, July 20, 1970 295 to deliver said Deed to Fischer and Company, Inc. upon receipt of the pnrchase price of $30,875.74 on the hasis of $4.73 per square foot. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor 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 Couchman. Car- ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer. Nays-None. Absent-Councilman Pregler. RESOLUTION NO. 208-70 AUTHORIZING THE EXECUTION AND DELIVERY OF DEED TO ABELN ABSTRACT COMPANY FOR SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R.15 WHEREAS, the City of Dubuque and Abeln Abstract Company have or will enter into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelopment by Abeln Abstract Company; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed for the sale of the real estate de- scribed hereinbelow to Abeln Ab- stract Company. Lot 2 of Block 3 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 5,846.00 square feet, more or less. Section 2. That the Director of the Department of Urban Renewal is hereby authorized and directed to deliver said Deed to Abeln Ab- stract Company upon receipt of the purchase price of $14,615.00 on the basis of $2.50 per square foot. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor 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, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. RESOLUTION NO. 209.70 AUTHORIZING TIlE EXECUTION AND DELIVERY OF DEED TO R & E ENTERPRISES, INC. FOR SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, the City of Dubuque and Joseph M. Sherman and Doris M. Riekena have or will enter into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private re- development by R & S Enterprises, Inc.; and WHEREAS, Joseph M. Sherman and Doris M. Riekena have formed R & S Enterprises, Inc., an Iowa Corporation, for the purchase of and redevelopment of said real es- tate, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed for the sale of the real estate described hereinbelow to R & S Enterprises, Inc. Lot 2 of Block 6 in Dubnque Downtown Plaza in the City of Dubuque, Iowa, containing 9,356.70 square feet, more or less. Section 2. That the Director of the Department of Urban Renewal is hereby authorized and directed to delIver said Deed to R & S En- terprises, Inc. upon receipt of the purchase price of $23,391.75 on 296 Special Session, July 20, 1970 the basis of $2.50 per square foot. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor 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, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. RESOLUTION NO. 210.70 DEFINING COMMERCIAL SERVICE AREA IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15, TO INCLUDE BUS PASSENGER TERMINAL WHEREAS, R & S Enterprises, Inc. is purchasing property legally described as Lot 2 of Block 6 in I Dubuque Downtown Plaza, City of Dubuque, Iowa, in the Downtown Urban Renewal Project, Iowa, R-15, for the purpose of constructing thereon a Bus Passenger Terminal; and WHEREAS, said parcel of real estate is in the Commercial Service Area which does not specifically set forth "Bus Passenger Termi, nal" as a permitted use; and WHEREAS, the intent of the Commercial Service Area is to pro- vide for those uses which are com- patible with, support and strength. en the Central Business District re- tail area, and contribute to the eco. nomic and functional strength of the entire downtown area; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: - Section 1. That it is hereby found and determined that one of the permitted uses in the Commer. cial Service Area in the Downtown Urban Renewal Project, Iowa R.15, is a "Bus Passenger Terminal" ex- cluding therefrom, however, any provision for bus garaging and maintenance. - Section 2. That the proposed re- development of Lot 2 of Block 6 in Dubuque Downtown Plaza, City of Dubuque, Iowa, as a Bus Pas- senger Terminal by R & E Enter. prises, Inc. is a use permitted by the approved Urban Renewal Plan as recorded in the Office of the Recorder of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 235 to 259. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. RESOLUTION NO. 211-70 AUTIIORIZI1'!G THE MAYOR AND CITY CLERK TO EXECTTTE AN AGREEMEm EXEMPTING CERTAIN REAL ESTATE FROM ACQTJISITION IN THE - DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, the City Council on June 9, 1970, adopted Resolution No. 165-70 declaring their intent to exempt from acquisition real es- tate described as the Easterly 25 feet of City Lot 752 and the East- erly 25 feet of the Southerly 54 feet 1 inch of City Lot 753 in the City of Dubuque, Iowa, also known as Acquisition Parcel 9-4 in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the First National Bank of Dubuque in reliance on said Resolution No. 165-70 has pur- chased said real estate, has sub- mitted a satisfactory plan for the redevelopment of said real estate, and has otherwise complied with the conditions of said Resolution; now therefore BE IT RESOLVED by the City Special Session, July 20, 1970 297 Council of the City of Dubuque, Iowa: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute an Agree- ment with the First National Bank of Dubuque to exempt the real estate hereinbefore described from acquisition for the Downtown Ur- ban Renewal Project, Iowa R-15, subject to the redevelopment of the real estate in the time period to be mutually established by and between the Department of Urban Renewal and the First National Bank of Dubuque. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor 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, Coun. cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. RESOLUTION NO. 212.70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga. rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Michael Chalder, 1091 Main Street Herbert Bisping, 1401 Elm Street Vada Jean Nease, 400 Central Ave- nue itonald Blakeman, 1902 Central Avenue De~~~u~' Manahl, 3201 Central I Patrick Zamies, 2600 Dodge Street Plaza 20 BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Biter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: ~~~Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. RESOLUTION NO. 213-70 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 fallowing applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Class "B" Beer Permit Catherine Lester, 1322 Central Ave. Vada Jean Nease, 400 Central Ave. Passed, adopted and approved this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Counciman Bitter moved adop. tion of the resolution. Seconded by Councllman Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays - None. Absent ~ Councilman Pregler. RESOLUTION NO. 214.70 WiIEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and ------ 298 Special SCSlion, July 20, 1970 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- I SOLVED by the City Council ofthe City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Class "B" Beer Permit Catherine Lester, 1322 Central Ave. Vada Jean Nease, 400 Central Ave. BE IT FUBTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 20th day of July, 1970. Donald R. Meyers Mayor 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 Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman Molden' hauer> Nays - None. Absent - Councilman Pregler. RESOLUTION NO. 21S.70 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the fol- lowing applications be granted and licenses issued upon the compli- ance with the terms of the IOWA LIQUOR CONTROL ACT-CHAP- TER 123-aS amended by the 60th General Assembly, 1963- CLASS "C" COMMERCIAL ESTABLISHMENT Pete S. Sfikas & Gust Karigan, 401- 405 Central Avenue Vada Jean Nease, 400 Central Ave- nue Passed. adopted and approved Ibis 20th day of July, 1970. Donald R. Meyers Mayor 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 Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer. Nays-None. Absent-Councilman Pregler. RESOLUTION NO. 216-70 WHEREAS, applications for Liq. uor Permits were filed by the with- in named applicants and they have received the approval of Ibis Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordi- nances relevant thereto and they have filed proper bonds; NOW THEREFORE Be It Re- solved by the City Council of Du- buque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "c" COMMERCIAL ESTABLISHMENT Pete S. Sfikas & Gust Karìgan, 401. 405 Central Avenue Vada Jean Nease, 400 Central Ave- nue Passed, adopted and approved this 20th day of July, 1970. Donald R. Meyers Mayor 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 Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer. Nays-None. Absent-Councilman Pregler. Communication of Don Mueller i submitting his resignation from the Special Session, July 20, 1970 299 Dubuque Dock Commission effec- tve Augost 17, 1970, presented and read. Councllman Bitter moved that the resignation be accepted with regret and the Mayor be instructed to write a letter of commendation to Mr. Mueller. Seconded by Coun- cilman Couchman. Carried by the following vote: Veas - Mayor Meyers, Coun- eUmen Bitter, Couchman, Molden- hauer, Nays-None. Absent-Councilman Pregler. At 9:15 P.M. Mayor Meyers moved to go into executive session to discuss personnel appointments to the Dubuque Advisory Commis- sion. Seconded by Councilman Bit- ter. Carried by the following vote: I Approved Yeas - Mayor Meyers, Coun. =~~ Bitter, Couchman, Molden- I Adopted Nays-None. Absent-Councilman Pregler. The Council reconvened in rego- tar session at 9:45 P.M. Councilman Bitter moved that Joe Paradisa, Mrs. Doyle Smith and Rev. Antho- ny W. Sigwarth be reappointed to the Dubuque Advisory Commission to serve three years from June 1, 1970; Mr. Alvin E. Lundh be ap. pointed to replace Robert A. Lung- witz for a three year term to June I, 1973; C. Robert Justmann be ap- pointed to replace Joseph L. Ragatz for a three year term to June 1, 1973; J. Timothy McNeil be appoint- ~~:~ ~1ffe;h:o ~~~ii~~dI9;~mse~~ I Attest: """"ëiiÿ"(ii~~k""""""""""" onded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Councll- cilmen Bitter, Couchman, Molden. hauer. Nays-None. Absent-Councilman Pregler. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays-None. Absent - Councilman Pregler. Leo F. Frommelt City Clerk 1970 1970 """""""""""""""""""""""""""""" """"""""'..............".......................... """""""""'............"........................... """"""""""""""""""......................, """""""""""""'..............................,. Councilmen 300 Special Session, July 27, 1970 sin be connected to an existing ba. sin at Sullivan Street a distance of forty feet. Mr. Allen estimated that this construction would cost the City approximately $600.00 labor and material. I have requested Mr. Allen to proceed with this work. In regard to vacating the alley, it is practical to vacate only that section between Murphy's and Bur- rough's houses. The other portion to Leyi Street services other pro- perty holders. Even though the right-of-way is impassable and serves no city pur- pose I do not recommend vacation because storm water must conti- nue to flow along this route. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the Manager's recommendation. July 22 1970 Seconded by Councilman Couch. , man. Carried by the following vote: To th~ Honora~le Mayor Yeas - Mayor Meyers, Council. and Clty Council men Bitter Couchman Molden. I am returning to you the peti- hauer, pregier. ' tion of Mr. Burroughs and Mr. Nays - None. Murphy requesting the correction July 23 1970 of a water dramage problem and ' suggesting that the petitioners To the Honorable Mayor would accept the vacated alley and City Council way which the water course would Last week you received a copy run. of the specifications for a new I inspected the area. It appears 1,250 G.P.M. Fire Engine for the that the alley way is an entry way Dubuque Fire Department. to Mr. Burroughs residence and I present the specifications and services other abutting property ask your endorsement of sending from Levi Street to the Burrougbs out bids for the fire engine. property where the alley right-of. The estimated cost of this equip- way passes along the Burroughs ment has been included in the 1969 prope~y and between the houses Bond Issue for fire equipment. belongmg to Burroughs and Mur. RespectfullY "hY, the alley right-of.way is an Gilbert D. éhavenelle lmpassable, steep rock to Enghsh City Manager Lane and runs along the edge of a fifteen to twenty foot verticle drop Councilman Pregler moved that to Murphy's property. Along this the communication be received and way the petitioners or others have filed and approval be granted to constructed a water flume by piling solicit bids. Seconded by Council- up rock and earth. man Moldenhauer. Carried by the It also appears to me that no following vote: past action or lack of action on the. Yeas --:- Mayor Meyers, Coun- part of the City has caused or in. cilmen Bltter, Couchman, Molden- creased the problem presented by hauer, Pregler. the petitioners. Nays-None. I am also enclosing a letter from Proof of Publication, certified to Street Commissioner Allen in by the publisher, of Statement of which he recommends that the Receipts and Expenditures and a flume be improved and connected list of claims for which warrants to a catch basin to be constructed \ were issued during the month of in English Lane and that this ba- June 1970, presented and read. Ma- CITY COUNCIL OFFICIAL Special Session, July 27, 1970. Council met at 7:30 P.M. Cen- tral Daylight Time. Present- Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. City Manager Gil. bert D. Chayenelle. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- DUCTING A PUBLIC HEARING ON THE RESOLUTION OF NECES- SITY FOR THE TOWN CLOCK RE- MOVAL AND RELOCATION PRO- JECT and acting upon such other business as may properly come be- fore a regular meeting of the Coun- cil. ~ ~. if!: 301 Special Session, July 27, 1970 yor Meyers moved that the proof of publication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. July 24, 1970 To the Honorable Mayor and City Council A request has been received from Marie Duggan for a street light at Harold Street and Clarke Drive. The location has been investigat- ed and it is recommended that a 4000 lumen incandescent light be installed. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved ap. proval of the Manager's recommen. dation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. July 24, 1970 To the Honorable Mayor and City Council You referred to the manager and staff a petition from John Cody Jr. (Laras College) for pennission to have a bonfire and a parade on October 2nd and 3rd. I would like you to know that due to the danger involved we are denying the request for a bonfire. Chief Dunphy will be at Council meeting July 27th and will be avail- ! able to present the case ü you so desire. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved to concur in the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Councilman Wayne A. Moldenhauer proposing that an award system for City em- ployees be considered, who make suggestions which can result in economies for the City either in improved operations or services, presented and read. Mayor Meyers moved that the communication be referred to the Manager and staff. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of Building Code Committee submitting a new Plumbing Ordinance and recom- mending its adoption, presented and read. Councilman Couchman moved that a public hearing be held on the Ordinance on Septem- ber 21, 1970 at 7:30 o'clock P.M. Central Daylight Time and the Clerk be instructed to publish pro- per notice. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of claim of Mrs. Steve Steffen" in an undetermined amount, for car damage incurred as the result of a malfunction of the ticket ann at the exit of the Locust Street parking ramp on July 16, 1970, presented and read. May- or Meyers moved that notice of claim be referred to the City Attor- ney for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. Notice of claim of HO'Ward and Ann Connolly, in an undetermined amount, for property damage as the result of their home being struck by falling branches from a diseased dutch elm tree located on city pro- perty on Dell Street on July 6, 1970, presented and read. Mayor Meyers moved that the notice of claim be referred to the City At- torney for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of Dubuque Vaccnm and Sewing Center requesting permis- sion to conduct a "Maxwell Street" - - - - --- 302 Special Session, July 27, 1970 sale on sidewalk at 1845 Central I Ave. on August 4, 1970, presented and read. Mayor Meyers moved that the petition be referred to the City Manager. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of River Valley Com- munity Action Program requesting payment of $2500 toward the 1970 Summer Governor's Youth Pro- gram, presented and read. Council- man Couchman moved that the pe- I tition be referred to the City Ma- nager. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of Oxus Grotto request- ing permission to conduct its 50th anniversary parade on September 12, 1970, presented and read. Mayor Meyers moved approval of the pe- tition and same be referred to the Manager and staff for coordina- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Donald G. Schiel et at (11 signers) requesting an in- crease in lighting in the three ~~~c~o ~~~u~, ~~~~:~~~J :~~~e~~: I Councilman Pregler moved that the petition be referred to the Ma. nager and Electrical Inspector for investigation and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Petition of D.A.V. Fighting Back Chapter No.6 requesting permis- sion to conduct their annual "For- get Me Not Days" on September 18th and 19th presented and read. Mayor Meyers moved that the pe- tition be approved. Seconded by Councilman Couchman. Carried 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 pu- blic hearing of pendency on reso- lution of necessity and on pro- posed plans, specifications, form of contract for Town Clock Remo- val and Relocation Project, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication 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. Communication of Melita A. Smith of 985 White Street request- ing more time if necessary, to at- tain the goal for financing the town clock removal, presented and read. Councilman Bitter moved that the communication 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. Councilman Bitter moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seeonded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Conncil- men Bitter, Couchman, Molden- hauer, Pregler. Naya - None. Mr. Ron Baker, architect explain- ed the removal of the town clock in detail. The project cost is In the amout of $62,830. Mr. Charles Mosher of Barton Aschman Asso- ciates was greatly encouraging in his recitation of what the town clock could do for the mall by making it a focal point in the whole mall concept. Attorney Fran- cis O'Connor, in the interest of his client, Anne S. Gallogly, addressed the Council relatiye to the beams Special Session, July 27, 1970 303 supporting the clock tower. U the Approved: beaUL! that SUPPort the clock are Donald R. Meyers not part of the building itseU they Mayor should be removed by the city. Mr. Walter A. Pregler ß¡¡n Baker the architect stated that Wayne A. Moldenhauer be inspected the building and the Gaylord M. Couchman support beam¡¡ are an integral part Joseph J. Bitter of the structure. Mr. Tom Reiliy, Councilmen lIhairman of the Town Clock com- Attest. mittee, stated that $31,461.00 have Leo 'F. Frommelt been donated to date. The service City Clerk clubs of the City have pledged RECORD OF FINAL ADOPTION 100% cooperatIOn. Mr. Tom G~a. The foregoing resolution was fi- ham & Mrs. Broadwater spoke III nally Passed and ad t d behaU of the fund drive and seem- . op e , ~s pr?" ed to be very optimistic as to the posed, by tbe City Council this end result. 27th day of July 1970. Donald R, Meyers (N.cesslty for Improvement) Mayor RESOLUTION NO. 193-70 Walter A. Pregler WHEREAS, proposed plans, spec- Wayne A. Moldenhauer ificatlons and form of contract Gaylord M. Couchman have bee~ duly prepared and ap- Joseph ~. Bitter proved by the City Council of the Councilmen City of Dubuque, Iowa, and are Attest: now on flle In the office of the City Leo.F. Frommelt Clerk showing among other things City Clerk the following: Councilman Moldenhauer moved (1) The plan of such improve. that the resolution lie. on the t.able. ment Seconded by Councilman Bitter. '. Vote on the motion was as follows: (2). An estimate of the cost of Yeas - Councilman Bitter Mol- the Improvement for the TOWN denhauer. ' CLOCK REMOVAL AND RELOCA- Nays - Mayor Meyers Council- TION PROJECT. men Couchman, Pregler. 'MOTION BE IT THEREFORE RESOLVED LOST. that the City Council on its own Mayors Meyers moved final adop- motion, deems it advisable and tion of the resolution. Seconded by necessary for the public welfare to Councilman Cauchman. Carried by make the herein mentioned im. the following vote: provement, and unleas property Yeas - Mayor Meyers, Coun. owners at the time of the final con- cilmen Bitter, Couchman, Mold~n- sideration of thIs proposed resolu- hauer, Pregler. lion have on file with the City Nays-None. Clerk, objections to the amount of (Ordering Construction) the cost of the improveme~t, they RESOLUTION NO. 217.70 sh~lI ~e deemed to have waIVed all BE IT RESOLVED by the City objections thereto. Council of the City of Dubuque Said Improvement shall be con- that pursuant to a Resolution of structed and done in accordance Necessity No. 193-70 which was with the plans and specifications duly passed by this Council for which haye been approved by the the TOWN CLOCK REMOVAL City Council and are now on file AND RELOCATION PROJECT be with the City Clerk. That the cost and the same are hereby ordered and expense of making said im- and constructed by this Council provement be paid from such funds upon its own motion and with or as may be legally used for such without the petition of property purpoaes. OWners. AU the work shall be con- The above resolution was intro- ~~:~te,.~d i~pe"cif:'~~:~: h:~~f~~: duced, approved and ordered . . placed on file with the City Clerk a.dopted and .now on file III the of. this 6th day of July, 1970. flc:;f II.¥e ~~~. RESOLVED Approved and placed on file for that the cost and expense of the final MUon. said improvement be paid from 304 Special Session, July 27, 1970 such funds as may be legally used for such purposes. 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 I manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef. fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 27th day of July, 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, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 218-70 DECLARING INTENT TO SELL A PORTION OF THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA-R-15. TO R & S ENTER- PRISES, INC. WHEREAS, under date of Au- gost 4, 1969, the Council of the City of Dubuque approved and au- thorized the receiving of proposals for the sale and redevelopment of certain parcels of real estate in the Downtown Urban Renewal Pro. ject, Iowa R-15; and WHEREAS, in response to such offering a proposal for the pur- chase and redevelopment of a por- tion of the project land was re- ceived from R & S Enterprises, Inc; and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Urban Development, certain docu- ments must be made available for public inspection and a public hear- ing conducted: now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section!. That the City of Du- buque hereby declares its intent, after a public hearing, to dispose of Southerly 15 feet of the Norther- ly 65 feet of the Westerly 65 feet of Disposition Parcel No.1 of Block 1, Downtown Urban Renewal Project, Iowa R.15 to R & S Enter- priese, Inc. in accordance with the terms of the Disposition Documents governing such sale on file in the office of the Department of Urban Renewal. Section 2. That the City Clerk be and is hereby authorized and di- rected to publish notice of public hearing to be held on September 6, 1970, and to make certain docu- ments available for public inspec- tion. Such notice shall be substan- tially in the form of Exhibit "A" attached hereto and made a part bereof. Passed, approved, and adopted this 27th day of July, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" LEGAL NOTICE OF HEARING pursuant to Chapter 103 of the 1966 Code of Iowa, as amended, the City Council of the City of Du- buque will hold a public hearing for the purpose of considering the authorization of the execution of proposed agreements by and be- tween tbe City of Dubuque and the developers hereinafter listed for the purchase and redevelopment of certain parcels of real estate lo- cated in the Downtown Urban Re- newal Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south, Central Avenue on the east, Nineth Street on the north, and Locust Street on the west. NAME OF DEVELOPER, R & SEn. terprises, Inc. ADDRESS, 301 Main Street, Du- buque, Iowa. Said hearing will be held in Council Chambers, City Hall, 13th Special Session, July 27, 1970 and Iowa Streets, Dubuque, Iowa, nue northerly to Old Timers Ath- at 7:30 P.M. on the 8th day of letic Club Place has been complet- September 1970, and any person or ed and the City Engineer has sub- organization desiring to be heard mitted his final estimate showing will be given an opportunity to be the cost thereof including the cost heard on the question of the pro- of estimates, notices, inspection, posed disposition. and preparing the assessment and A "Redeveloper's Statement for plat, now therefore, Public Disclosure" in the form pre- BE IT RESOLVED, by the City scribed by the Department of Hou- Council of the City of Dubuque, sing and Urban Development and That the cost of said improve- the proposed "Disposition Agree- ment is hereby determined to be inent" f?r each of said developers $6,855.17. :.."" o,:'¡ ft¿~ ~f~c~v~¥~~~e ~~[/~~~;~: That $4,913.18 of the cost th~reof City Hall, Dubuque, Iowa between shall be assessable upon prIvate 8:00 AM. and 5:00 P.M. except pr?perty and $1,941.~ shall be Saturdays, Sundays, and holidays. paId from the SamtatlOn Fund of Said documents shall also be avaii- lhe ClIy of Dubuque. able at the time of the public hear- Passed, adopted and approved ing. this 27th day of July, 1970. 2 t. 8-4-11 Donald R. Meyers Leo F. Frommelt Mayor City Clerk Walter A Pregler . . Wayne A Moldenhauer . Councllman BItter moved adop- Gaylord M. Couchman tion o~ the resolutlOn. Se~onded by Jase h J. Bitter Councllman Pregler. Camed by the C p ncil following vote: ou men Yeas .- Mayor Meyers, Council- At::;'~:F. Frommelt :::"::'.r,B~:~ier~Ouchman, Molden. City Clerk Nays - None. Mayor Meyers moved adoption of July 17, 1970 the resolution. Seconded by Coun- To the Honorable Mayor cilman Couchman. Carried by the and City Council following vote: Gentlemen: Yeas - Mayor Meyers, Coun- This is to advise you that the cilmen Bitter, Couchman, Molden- sanitary sewer constructed in John hauer, Pregler. F. Kennedy !toad from Kaufmann Nays-None. Avenue northerly to Old Timers . . Atbletic Club Place a distance of (A Resolutoon Acceptong Improve- 812 feet, has been' completed in ment and di~ecting .the Clerk to accordance with plans and specifi, publish notIce.) cations by Dick Schiltz and Sons RESOLUTION No. 220.70 Construction Company of Dubu. WHEREAS, the contract for the que, Iowa. construction of the John F. Ken- Respectfully submitted, nedy Road Sanitary Sewer 1969 Gilbert D. Chavenelle from Kaufmann Avenue northerly City Manager to Old Timers Athletic Club Place . has been completed and the City CouncIlman Pregle~ moved ap. Manager has examined the work ~~~;';,~. o~:~~n~:~a1:: s c":~~::;:::'~':; and filed his certificate stating Bitter. Carried by th foll wi g that the same has been completed vote' eon according to the terms of the con. Y~as - Mayor Meyers Council- tract, plans a'.'d specifications and men Bitter, Couchman,' Molden- recommends lis acceptance, now hauer Pregler therefore, Naýs - No';e. BE IT RESOLVED, by the City Council of the City of Dubuque, FINAL ESTIMATE that the recommendation of the RESOLUTION NO. 219.70 City Manager be approved and that WHEREAS, the contract for the said improvement be and the same John F. Kennedy Road Sanitary is hereby accepted and the City En. Sewer-1969. From Kaufmann Ave- gineer be and is hereby directed to I .' t 305 306 Special Session, July 27, 1970 prepare a plat and schedule show- ing the lots or parcels of real es- tate subJect to assessment for said improvement and file the same in the office of the City Clerk SUbject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required bylaw. BE IT FUBTHER RESOLVED, that the City Treasurer be and he I i. hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 27th day of July, 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 Bitter. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 221-70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law I relating to the sale of Cigaretteg , within the City of Dubuque, Iowa, be granted a permit to sell Cigaret. tes and Cigarette Papers within said City. Mark & Fred McGoyern, 3200 Cen. tral Avenue Welsh Enterprises, Inc., 620 S. Grandview Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. passed, adopted and approyed this 27th day of July, 1970. ------------- Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couehman 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 fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 222-70 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 be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMIT Welsh Enterprises, Inc., 620 South Grandview Avenue Passed, adopted and approved this 27th day of July, 1970. Donald R. Meyers Mayor Walter A. Pregler. Wayne A. Moldenhaner 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 fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, J40lden- hauer, Pregler. Nays - None. RESOLUTION NO. 223-10 WHEREAS, applications for Beer Pettnlts were filed by the within named applicants and they h."" reo ceived the approval of thia Coun. ciI, and Special Session, July 27, 1970 307 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 Permit. CLASS "C" BEER PERMIT Welsh Enterprises, Inc., 620 South Grandview Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 27th day of July, 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 fol- lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mayor Meyers moved that Mrs. Kay Wright and Harold Sweet be reappointed to the Playground and Recreation Commission for three year terms to July 5, 1973, also that Homer Addyman and Adrian Swift be reappointed to the Board I of Heating, Ventilating, Air Con- ditioning & Refrigeration for three year terms to March 16, 1973. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays-None. Leo F. Frommelt City Clerk Approved 197P. Adopted \97r Councilmen Attest: ................................................ City Clerk