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1969 October Council Proceedings Regular Session, October 6, 1969 465 CITY COUNCIL OFFICIAL Regular session, October 6, 1969. Council met at 7:30 P.M. (D.S.T.) Present - Mayor Pregler, Coun- cilmen Coucbman, Meyers, Mc- Cauley, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is the REGULAR MONTHLY ME;ETING called for the purpose of acting upon such business as may properly come before the meeting. Mayor Pregler presented the name of William Knapp for ap- pointment to the Planning & Zon- ing Commission to fill the unex- pired term of Fred Bissell. Coun- cilman Meyers moved the appoint- ment of William Knapp to the Planing & Zoning Commission to fill the unexpired term of Fred Bissell to May 24, 1973. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. The following prepared state- ment was read by Mayor Pregler. As the elected representatives of the voters of Dubuque, we have a responsibility on this election eve to make clear to those we serve where we stand on what may well be the most important decision this community has had to make. Dubuque has a growth rate of about 100 persons a month. We must expand our boundaries to provide an orderly development process to handle this growth. The most logical area is to the north, which is subjected to increasingly intense urbanization by having a major industrial plant three miles from its border. We cannot sit by and watch Dubuque fragmented into the urban-suburban divisions that have plagued so many areas with juris- dictional conflicts, duplication of effort and tax inequities, which invariably fall most heavily on the central community. Should we not annex, that result is inevitable. It would be a terrible disservice to the taxpayers of Dubuque who would be left to foot the bill. The fixed-income and low-income eld- erly would be a major victim. I have tried to listen carefully to the arguments against annexa- tion. I have yet to hear one, based on fact, that is in the best interest of the whole community. The valid arguments tend to be selfish ones. The arguments in which a broader community interest is pretended are severeiy distorted. I am con- vinced that the best interest of the total community is served by an- nexation. There is no question in my mind but that the department heads are correct in telling us they can extend services into the area. Nor is there any question in my mind but that it will less ex- pensive for present city residents if annexation occurs than if it does not. I also consider it important with the amount we have invested in water pollution control, that we make sure that control is effective in an area directly north of the city which will be subject to in- creasing development. For all those reasons, I recom- mend that this city council recom- mend this annexation proposal to the voters and urge them to sup- port it tomorrow. Councilman Couchman moved support of the recommendation. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers McCauley. Nays - Councilman Schultz. October 6, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you a petition for a street light on Mt. Loretta. The area has been investigated by the city electrical inspector and it is recommended that a 4000 lumen incadescent light be install- ed at the curve between the St. George and Valley Street inter- sections. Respectfully submitted, Gilbert D. Chavenelle City Manager 466 Regular Session, October 6, 1969 Mayor Pregler moved approval of the recommendation. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. October 1, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you a petition for street lights on John Kennedy Circle. The area has been investigated and it is recommended that three boulevard type lumen lights on 20 foot standards be installed as fol- lows: 1. On the west end of the first median strip. 2. On the west end of the second median strip. 3. In the turn around median strip at the west end of John Kennedy Circle. Respectfully Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. October 3, 1969 To the Honorable Mayor and City Council Gentlemen: Mr. and Mrs. Gerald Galusha, 2050 Decorah, requested that a new street light be installed on Decorah. The electrical inspector has viewed the area and it is recom- mended that a 4000 lumen incad- escent light be installed in the 2000 block. Respectfully Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. - -- October 2, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you a petition for street lighting on Valentine Drive. The area has been investigated by the electrical inspector and it is recommended that 175 watt mercury vapor lights be installed at the following locations: 1) One on the southeast corner of iot 5 of Block 1 in Thomas Farm Addition, or 885 Valentine Drive. 2) One on the easement between Lots 2 and 3 Block 1 in Thomas Farm Addition, or between 865 and 855 Valentine Drive. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Proof of publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of August, 1969, pre- sented and read. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the followtng vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. September 26, 1969 Hon. Mayor & City Council reo Donald E Kressig Gentlemen: On August 25, 1969, Donald E. Kressig of 1733 Lori Street, Dubuque, Iowa filed claim against the City of Dubuque, Iowa for damages in an undetermined a- mount as the result of a tree limb allegedly falling onto his auto while said auto was parked near 20th and Kniest Street in this city on August 25, 1969. This matter was referred to the appropriate City Agency who made an investigation thereof and re- Regular Session, October 6, 1969 ported by letter to this office on September 24, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of Donald E. Kressig be denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Councilman McCauley moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Couchmen, Meyers, McCauley, Schultz. Nays - None. September 22, 1969 Hon. Mayor & City Council reo Palmer J. Dillard Gentlemen: On July 24, 1969, Palmer J. Dillard of 15981> Central Avenue, Dubuque, Iowa filed claim against the City of Dubuque, Iowa in the amount of $60.00 for personal in- juries allegedly suffered by him on July 3, 1969 as the result of catching his heel in the curbing when stepping down from the sidewalk at or near the southwest corner of Loras and Central in Dubuque, Iowa and falling in the street in the crosswalk. This matter was referred to the City Attorney. I have investigated this matter and have consulted with the claimant, who has made an offer of $60.00 of settlement, and it is the recommendation of the City Attorney that said settle- ment offer be accepted and that the Citv Auditor be instructed to draw a 'warrant payable to Palmer J. Dillard in the amount of $60.00 and transmit same to the City At- torney for delivery upon receipt of duly executed release. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Mayor Pregler moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. 467 September 24, 1969 Hon. Mayor & City Council reo Lyle D. Daugh.'.., Sr. Gentlemen: On May 12, 1969, Lyle D. Daughetee, Sr., of 921 Rhomberg Avenue, Dubuque, Iowa filed claim against the City of Dubuque, Iowa alleging injuries as the re- sult of a fall on ice on a sidewalk at or near 1555 and the corner on Main Street in Dubuque, Iowa on February 17, 1969, claiming there was rough and uneven ice on said sidewalk and said fall resulting in broken ribs. This claim was referred to the undersigned who has made an investigation of the matter and conferred with the Claimant. Said claimant has made an offer of settlement of $300.00 for his claim. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw a warrant payable to Lyle D. Daughetee, Sr. and his wife, Ruth A. Daughetee in the amount of $300.00 and to transmit the same to the City Attorney for delivery upon receipt of duly executed re- lease. It is to be noted that said claim was filed late, but claimant advises that he was disabled as the resut of the alleged fall and consequently was unable to comply with the statutory time for filing claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Couchman moved approval of the recommendation. Seconded by Mayor Pregler. Car- ried by the followtng vote: Yeas - Mayor Pregler. Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of claim of Mary M. Murphy of 1280 West Third Street, in the amount of $151.85 for prop- erty damage incurred as the re- sult of storm water getting into her home on June 18th and June 25th 1969, during a period of con- struction in the area, presented and read. Mayor Pregler moved that the notice be referred to the City Solicitor for investigation and 468 Regular Session, October 6, 1969 Regular Session, October 6, 1969 469 report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Notice of claim of LaVerne D. Miller, in the amount of $39.14, for car damage incurred as the result of a fallen dead elm tree limb on October 2, 1969 while said car was parked at 1570 Elm Street, presented and read. Mayor Pregler moved that tbe notice be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. October 1, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Ccmmission has held a public hear- ing on a proposal to reclassify from Multiple Residence to Single Family Residence property lying adjacent to Cummins Street. At the public hearing, residents from Cummins Street were pres- ent to support the proposal. They stated that all of the homes on Cummins Street are single family residences and that if a multiple family residence is built on the remaining parcel that it would in- crease congestion on the street and would devaluate the value of their property. OWners of the undeveloped prop- erty were present to speak in op- position to the proposal. It was the opinion of the Com- mission (bat the street has been developed as a single family area and that a multiple residence unit would not be a compatible use. It is the recommendation of the Commission that the proposal be approved. Respectfully submitted, PLANNING AND ZONING COMMISSION.... Don Gilson City Planner Councilman McCauley moved ap- proval of the recommendation and that it be referred for proper pro- ceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays - None. two votes against the proposal, and two members abstained. This rep- resents all of the Commission mem- bers at the present time because of one existing vacancy. The Commission directed that the proposal be returned to the Council with the above comments. Respectfully submitted, CITY PLANNING AND ZONING COMMIS- SION Don Gilson City Planner Councilman McCauley moved that the communication be return- ed to the Planning & Zoning Com- mission for a more definite de- cision. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Communication of C. J. May Jr. attorney, requesting permission to address the Council relative to the foregoing zoning matter, present- ed and read. Councilman McCauley moved that the rules be suspended in order to let anyone present address the Council if they so desired. Seconded by Councilman Schultz. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Mr. C. J. May Jr. addressed the Council by stating that he would forego his presentation at this time. Councilman McCauley moved that Mr. May's communication be attached to the Planning & Zoning Communication to be returned to the Commission. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. October 1, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Single Family Residence to Local Business "B", property des- cribed as the easterly 55 feet of Lot 25 and the southerly 125 feet of the easterly 55 feet of Lot 24 of Block 4 in Westside Manor Sub- division. This property is located on the west side of Kennedy Road and north of Shike-Richardson Auto- mobile Agency. The grade of the property has been reduced approx- imately 15 feet so that it is the same as Kennedy Road. The area to the west and north has been developed for Single Family Res- idences. The property across the street has ben developed by the Telephone Company as a ware- house. In reviewing this proposal the Commission considered the rela- tionship of this site to the single family area and tbe affect of the proposed development on the traf- fic on Kennedy Road. The Commission found that be- cause of the cbange in elevation of this site to the single family area that development on it would not be visible from the residences and that tbere would be no influence on the traffic thru the residential area. It was the opinion of the Com- mission that this proposed develp- ment would not increase traffic on Kennedy Road, however, it would substantially increase the number of left-hand turns onto and from Kennedy Road. The Commission found that Kennedy Road, at this point, is wtde enough to accom- modate four lanes of moving traf- fic and one lane for turning move- ments. In trying to reach a decision on this proposal the Commission cast two votes in favor of the proposal, October 1, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Single Family Residence to Mul- tiple Residence, property described as Block C, Block D and a portion of Block A in Highland in the City of Dubuque, Iowa. This property lies east of Kennedy Road and south of Eisenhower Elementary School. The only existing development adjacent to this property is a single family development lying to the south. The homes in that sub- division back on to this property and are situated on land that is somewhat higher in elevation than the area proposed to be reclassi- fied. Access to this property would be from Kennedy Road and would be located at a point near the bottom of the hill so that there would be adequate sight distance for cars traveling on Kennedy Road. Property on tbe other side of Kennedy Road is classified Multiple Residence at the present time. Sanitary sewer and water ser- vices are available to this property at the present time and adequate to serve the increased population that would be permitted in the Multiple Residence District. It is the opinion of the Com- mission that Multiple Residence development would be an appro- priate use of this land and because of the change in elevation between the single family area to the south and this area, that there would be no adverse affects on surrounding development. Access to Kennedy Road would accommodate the in- crease in traffic that would be generated. It is the recommendation of the Commission that this proposal be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved ap- proval of the recommendation and same should be referred for proper proceedings. Seconded by Council- man McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Petition of Dubuque Chapter of the Muscular Dystrophy Ass'n. of America Inc. requesting permis- Regular Session, October 6, 1969 471 Regular Session, October 6, 1969 470 ered a major scandal. Certainly it could be called disturbing the peace. If you cannot enforce the laws you ougbt to close tbe park. Mrs. Robert Buelow of N. Grand- view spoke for the parents of young children who used the park. Mrs. Herrig of 1557 Delhi, James J. Kean of 1120 Nowata, Mr. & Mrs. Carl Ihrcke of Nowata Street, Mrs. Janet VanDerMuellen, com- plained as to noise and the fear of letting their children use the park. Mrs. Thran stated that the fre- quenters of Allison Henderson Park are not acting as responsible people. Captain Fangman and Captain Bastian were called upon in de- fense of the City to show that everything possible is being done to keep the area under control every day of the week until mid- night. Mr. Richard Kramer, superin- tendent of parks, stated that they have men in the park seven days a week. After considerable discussion Presiding Officer Pro Tern Mc- Cauley moved that the rules be reimposed. Seconded by Council- man Couchman. Carried by the following vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent - Mayor Pregler. The Council promised the adop- tion of an Ordinance restricting parking on the west side of No- wata Street, to relieve the parking situation in the area, and request- ed the exercise of patience and forbearance of the assembly, in trying to resolve the so-called hippie problem, in Allison Hender- son Park and the surrounding neighborhood which seems to be underlying cause of confusion and disturbance of the normal peace and quiet of the area. ORDINANCE NO. 37-69 An Ordinance Amending Ordinance No. 33-49 known as the Traffic Code of Dubuque Iowa, as amended, by enacting a new sub-section 102 of Sched. ule VI thereof to prohibit the parking of motor vehicles on the West Side of Noweta Street from Loras Boulevard to Uni. versity Avenue, presented and read. Coucilman Meyers moved that the reading just had to be con- sidered the first reading of the Ordinance. Seconded by Presiding Officer Pro Tern McCauley. Car- ried by the following vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent - Mayor Pregler. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Couchman. Carried by the following vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent Mayor Pregler. 1969 at 1:00 P.M. presented and read. Councilman Couchman mov- ed that the petition be granted and the people concerned work out the route of march with the City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. MAYOR PREGLER LEFT THE COUNCIL CHAMBER AT 8:00 P.M. sian to conduct their annual drive for funds on November 9, 1969, presented and read. Mayor Pregler moved that tbe petition be granted and referred to the Manager for coordination. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Petition for WaWert High School requesting permission to conduct a Homecoming Parade on October 30, 1969, presented and read. Mayor Pregler moved that the petition be granted and referred to the Manager for coordination. Seconded by Coucilman Couchman. I Carried by the following vote: Yeas - Mayor Pregler, Council- , men Couchman, Meyers, McCauley, Schultz. Nays - None. Petition by Phillip Langas re- questing rezoning of the property located at 1105 Loras Blvd., pre- sented and read. Councilman Meyers moved that the petition be referred to the Planning & Zon- ing Commission. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Petition of Josepb J. Bitter, re- questing permission to address the council relative to rezoning of Lots 7, 8 and 9 in Davis Farm Addn. owned by Donald and Lois Knapp from present Multiple Family District to Local Business "B" Classification, for placement of mobile homes, presented and read. Mr. Bitter was not in at- tendance and Councilman Couch- man moved that the petition be referred to the Planing & Zoning Commission. Seconded by Council- man Meyers. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Dubuque Vietnam Moratorium Committee, Arthur Stanley Chairman, et al requesting permission to conduct a peace march Wednesday, October 15, Councilman Meyers moved that Councilman Sylvester McCauley be elected Presiding officer pro tern. Seconded by Councilman Couchman. Carried by the follow- ing vote: Presiding officer pro tern Mc- Cauley, Councilmen Couchman, Meyers, Schultz. Nays - None. Absent - Mayor Pregler. Petition of Eugene Tigges re- questing permission to excavate at 605 W. 11th Street, presented and read. Councilman Meyers moved that the petition be granted subject to approval of the City Engineer. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent - Mayor Pregler. Petition of Wayne A. Molden- hauer et aI, 337 signatures re- questing the Council to instruct law officers to arrest and prose- cute persons using Allison Hen- derson Park and or the streets surrounding it for loitering, litter- ing, sleeping and general vag- rancy, if this cannot be done close the park in its entirety, presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Absent - Mayor Pregler. Dr. Thran, a resident of Nowata street stated that what goes on in Allison Henderson Park is consid- ° T'm A ITEST, Coo F. F"mm'" Œy C"," P,bU,h'" omC;õlly J" th, T"","oh """d N,w,""" thl, 9th dõY ot 0010- b" "69. Coo F, F"mm," City CJ,,". Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent - Mayor Pregler. Petition of Packers Tap request- ing the installation of a street light on the corner of 16th & Cedar 'I Street, on a presently existing pole, presented and read. Council- 472 Regular Session, October 6, 1969 man Meyers moved that the peti- PROPERTY DESCRIPTION tion be referred to the City Man- The North one-third of the south ager and Electrical Inspector for half, and the south one-third of investigation and report. Seconded the north half, of Lot 750, in the by Councilman Schultz. Carried by City of Dubuque, Iowa, according the following vote: to the United States Commission- Yeas - Presiding officer pro ers' Map of the Town of Dubuque, tern McCauley, Councilmen Couch- Iowa (Parcel 9-11) man, Meyers, Schultz. Section 2. That the recording Nays - None. of the respective deeds of convey- Absent - Mayor Pregler. ance of title in the office of the Petition of Jack M. Kritikos re- Recorder in and for Dubuque questing a refund of $75 on the County, Iowa is bereby ratified. unexpired portion of cigarette Section 3. That the City Clerk license No. 173, discontinued bus- be and he is bereby authorized and iness on September 30, 1969, pre- directed to file a copy of this Res- sented and read. Councilman olution in the Office of the Re- Couchman moved that the refund corder in and for Dubuque County, be granted and the Auditor in- Iowa. structed to issue proper warrant. Passed, approved, and adopted Seconded by Councilman Schultz. this 6tb day of October, 1969. Carried by the following vote: Sylvester McCauley Yeas - Presiding officer pro Presiding Officer Pro Tern tern McCauley, Councilmen Couch- Donald R. Meyers man, Meyers, Schultz. Gaylord M" Couchman Nays - None. Councilmen Absent - Mayor Pregler. Attest: RE~OLUTI?N NO. 336.69 Le~i:;: ~~~~melt Accepllng delivery of deeds for Councilman Couchman moved the. Downtown Urhan Renewal adoption of tbe resolution. Second- Prolect, Iowa R-lS ed by Councilman Meyers. Carried WHEREAS, under date of July by the following vote: 26, 1967, tbe City of Dubuque and Yeas - Presiding officer pro the United States of America en- tern McCauley, Councilmen Couch- tered into a Loan and Capital man, Meyers. Grant Contract for the undertaking Nays - Councilman Schultz. of the Downtown Urban Renewal Absent - Mayor Pregler. Project, Iowa R-15; and RESOLUTION NO. 337-69 WHEREAS, the City of Dubuque, WHEREAS Glen E Gierke and pu~suant to authorization and dir- Gloria de S. 'Gierke, his wife have ectlOn of sOld Loan and. Capital conveyed tbe following described Grant Contract, has ac~U1red for real estate. ~~: ;~~I~~c¡;~i'tf~: ~~e I~~~e~~~~ L?t 1 of Lot 1 ?f. Block 3 ?f Urban Renewal Project Iowa R-15 Riverfront Subdivision No.2 10 certain parcels of real estate b' the City of Dubuque, Iowa, sub- purchase' now therefor y ¡ect to easements of record and , e, exlSbng easements BE IT RESOLVED BY THE CITY to the City of Dubuque, Iowa; COUNCIL OF THE CITY OF NOW THEREFORE BE IT RE- DUBUQUE, IOWA: SOLVED BY THE CITY COUNCIL Section 1. That delivery of deeds OF THE CITY OF DUBUQUE, to the City of Dubuque for the fol- IOWA;. . lowing described parcels of real Section.!. That the dehvery of estate in the Downtown Urban the Special Warranty Deed dated Renewai Project, Iowa R-15 is here- September. 15, 1969, exec.uted by by ratified and accepted by the Glen E. GlCrk~ and Glorl.a de S. City of Dubuque. GlCrke, his. wife, conveymg the above descrIbed real estate to the GRANTOR City of Dubuque, Iowa, be and the GRAND OPERA HOUSE, Inc., same is bereby accepted. Deed dated August 13, 1969, Re- Section 2. That the City Clerk corded in Book 200, Page 75. be and he is hereby authorized and Regular Session, October 6, 1969 473 directed to record said Special Warranty Deed in the office of the Dubuque County Recorder. Passed, approved and adopted this 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent - Mayor Pregler. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider propos- al to dispose of real estate lying east of and within 282' of the Ely boundary of Block 24, Dubuque Harbor Co's Addn., Sixth Street, Block 0 Booth's Addn., Vacated Fifth Street, Block N.,Vacated Fourth Street, Lot 11, 10, 9, 8, 7, 6 and the north 3' 3" of Lot 5 in Block M Booths Addn. to Fischer Investment Company, presented and read. No written objections were filed and no oral objectors were pres- ent at the time of the public hearing. Councilman Meyers moved that the proof of Publication, be re- cieved and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Presiding officer pro tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent - Mayor Pregler. RESOLUTION NO. 338-69 WHEREAS, pursuant to Resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on September 5, 1969 and September 12, 1969, City Council of Dubuque, Iowa met on the 6th day of Octo- ber, 1969 at 7:30 P.M. (Daylight Savings Time) in the City Council Chamber, City Hall, Dubuque, Iowa to consider the proposal to dis- pose of interest of the City of Dubuque to: the Easterly two hun- dred eighty two (282) feet from the easterly boundary of Block 24, Dubuque Harbor Co.'s Addition, Sixth Street, Block 0 Booth's Ad- dition, vacated Fifth Street, Block N, vacated Fourth Street, Lot 11, 10, 9, 8, 7, 6, and the North 3 feet 3 inches of Lot 5 in Block M, Booth's Addition all in the City of Dubuque, Dubuque County, State of Iowa to Fischer Investment Com- pany, and WHEREAS, City Council of Dubuque, 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 Fischer Investment Company of Dubuque, Iowa; 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 Fischer Invest- ment Company covering the fol- lowing described real etsate, to- wit: The Easterly two hundred eighty two (282) feet from the easterly boundary of Block 24, Dubuque Harbor Co.'s Addition, Sixth Street Block 0 Booth's Addition, vacated Fifth Street, Block N, vacated Fourth Street, Lot 11, 10, 9, 8, 7, 6, and the North 3 feet 3 inches of Lot 5 in Block M, Booth's Addition all in the City of Dubuque, Dubuque County, State of Iowa be and the same is hereby ap- proved subject to terms of a written agreement between the City of Dubuque, Iowa and Fischer Investment Company governing the respective rights and obligations of each as pertain to the granting of rights of way for the Dubuque Local Flood Protection Project and subject as part of the agreed consideration for said easement agreement of the conveyance by Fischer Investment Company to the City of Dubuque, Iowa of all its interest in and to certain prop- 474 Regular Session, October 6, 1969 erty in and along the area of the Local Flood Protection Project as relates to them. Section 2. 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 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays -None. Absent - Mayor Pregler. Proof of publication, certified to by the Publisher, of Notice of pub- lic hearing to dispose of interest in Lot 3 of Lot 1 of Block 5 River- front Subdivision No.3 to The ESKA Company, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent - Mayor Pregler. RESOLUTION NO. 339.69 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on Sep- tember 5, 1969 and September 12, 1969, City Council of Dubuque, Iowa met on the 6th day of Octo. ber, 1969 at 7:30 o'clock P.M. (Central Daylight Savings Time) in the City Council Chamber, City Hall. Dubuque, Iowa, to consider the proposal to dispose of interest of tbe City of Dubuque to Lot 3 of Lot 1 of Block 5 Riverfront Subdivision No.3 in the City of Dubuque, Iowa, subject to existing easements and easements of record to The ESKA Company of Dubuque Iowa, and WHEREAS, City Council of Dubuque, 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 The ESKA Company of Dubuque, Iowa: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the disposal of interest of City of Dubuque, Iowa in real estate to The ESKA Com- pany of Dubuque, Iowa covering the following described real estate, to-wit: Lot 3 of Lot 1 of Block 5 River- front Subdivision No.3 in the City of Dubuque, Iowa, subject to existing easements and ease- ments of record for the purchase price of $17,350.00 be and the same is hereby approv- ed, subject to the following terms and conditions, to-wit: A. That said real estate be sold to The ESKA Company of Dubu. que, Iowa for its expansion proportionate to its present facilities. B. That tbe sale price for said real estate shall be in the amount of $5,000.00 per acre or a total purchase price of $17,350.00. C. That The ESKA Company final- ize its negotiations with the Dubuque Industrial Develop- ment Corporation to purchase land and buildings located in Blocks 5 and 6 of Riverfront Subdivision No.3. D. That said land be used by The ESKA Company for its expan- sion proportionate to its present facilities within one (1) year of adoption and passage of this Resolution and shall be com. pleted within two (2) years of date of adoption and passage of this Resolution and upon failure so to do by the pur- chaser, The ESKA Company of Dubuque, Iowa, said real estate shall automatically revert to Regular Session, October 6, 1969 475 the City of Dubuque, Iowa, and and purchase price, less dam- ages, shall be refunded to the purchaser. E. That the construction of all buildings, yards, parking lots and fences shall be constructed in conformance with existing City Codes. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to The ESKA Company of Dubuque, Iowa upon receipt of total purchase price in the amount of $17,350.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Presiding officer pro tern McCauley, Coucilmen Couch- man, Meyers, Schultz. Nays - None. Absent - Mayor Pregler May 1, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a final plat of Sunrise Heights subdivis- ion. The Commission has found that the plat meets the minimum re- quirements of the subdivision reg- ulations and is in conformance with the plan for the area. It is the Commissions recom- mendation that the plat be approv- ed. Respectfully submitted PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved ap- proval of the recommendation. Seconded by Presiding Officer Pro Tern McCauley. Carried by the fol- lowing vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent - Mayor Pregler. RESOLUTION NO. 340-69 Resolution approving the plat of Block 10 and Block 11 in "Sunrise Heights" In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 10 and Block 11 in "Sunrise Heigbts" in the City of Dubuque, Iowa, by Andrew J. Richard and Marie E. Richard, husband and wife and WHEREAS, upon said plat ap- pear streets to be known as Wild- wood Drive and Wildwood Court, together with certain public util- ity easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relat- ing thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the dedications of Wildwood Drive and Wildwood Court, together with the easements for public utilities as the same ap- pear upon said plat, be and the same are hereby accepted. Section 2. That the plat of Block 10 and Block 11 in "Sunrise Heights" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, exe. 476 Regular Session, October 6, 1969 cute their written acceptance here- to attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Wildwood Drive and Wildwood Court witb bituminous concrete, or witb concrete paving with integral curb, all in accordance witb City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submit- ted with the plat; c. To install water mains and I water service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City en- gineer and the City Manager; f. To construct the foregoing im- provements in accordance witb plans and specifications approv- ed by tbe City Manager, under the inspection of the City En- gineer, and in a manner ap- proved by the City Manager; g. To maintain the foregoing im- provements for a period of four I (4) years from the date of their' acceptance by the City of Dubu- que, Iowa; h. To provide the foregoing con- struction and maintenance at the sale expense of the Sub- I divider, Andrew J. Richard and' Marie E. Richard. husband and wife, as owner; i. To construct said improve- ments, except sidewalks, prior to May I, 1971, and to construct the sidewalks prior to May 1, 1973; and furtber provided that said Andrew J. Ricbard and Marie E. Richard, husband and wife, as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Andrew J. Richard and Marie E. Richard, husband and wife, shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution the provisions hereof shall be nulì and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 6th day of October, A.D., 1969. Sylvester McCauley Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 340-69 We, tbe undersigned Andrew J. Richard and Marie E. Richard hav- ing read the terms and conditions of the foregoing Resolution No. 340-69 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 7th day of October, 1969. Andrew J. Richard Marie E. Richard To: Leo F. Frommelt, City Clerk Tbis is to certify that the secur- ity provided by the foregoing Res- olution No. 340-69 has been furn- ished by the owners. Dated at Dubuque, Iowa, this 12th day of November, 1969. Gilbert D. Cbavenelle City Manager Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent Mayor Pregler. October 1, 1969 To the Honorable Mayor and City Council Gentlemen: The following is the breakdown of tbe certified cost of the sanitary sewer installed in 11th Street , from Cedar Street east to a point \ approximatelY 1,520 feet. 1,520 Lin. Ft. of 12" , VCP @ $6.15/ft. ............ $ 9,348.00 Regular Session, October 6, 1969 477 4 Manholes - complete @ $350. ........................ Service Tax ................ Sewer Design - Cullen - Schlitz & Assoc. ............ Engineering Cost for staking by Cullen - Schlitz & Assoc. .............. Inspection Cost - City of Dubuque (to July 4th .... Inspection Cost - City of Dubuque (to July 7th 8th) 1,400.00 322.44 504.78 543.00 153.01 130.06 $12,401.29 It is hereby certified that the above costs are those paid to the contractor and others according to final quantities measured by the Cullen - Schlitz & Associates, engineers for the project. This cost will be prorated over the us- able frontage of property along 11th Street and Kerper Boulevard. Frontage Lot 1-1 - Block 3 - Riverfront Sub. No.2....,....... 163 Lot 2-1 - Block 3 - Riverfront Sub. No.2........ 85 Lot 2 - Block 3 - River front Sub. No.2.................... 145 Lot 3 - Block 3 - River- Front Sub. No.2................ 200 TOTAL FRONTAGE = 595' $12,401.29 -;- 595 - $20.84/front ft. Sincerely John L. White City Engineer Councilman Meyers moved that the communication be recieved and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Presiding Officer Pro Tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent -Mayor Pregler. RESOLUTION NO. 341-69 Resolution establishing a connec- tion charge for the twelve inch Sanitary Sower constructed in 11th Street and Kerper Boule- vard from Cedar Street 1,520 foot east. WHEREAS, The City Engineer has inspected the same and the City Manager has accepted said sewer; and WHEREAS, The City Engineer under said ordinance has filed with the City Council a certified statement showing all the amounts paid in connection with the con- struction of said sewer, including engineering and inspection fees >mounting to $12,401.29. NOW,THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That hereafter any person or persons desiring to con- nect with said sewer shall first apply to the City Manager for permission to do so and such per. mission shall be granted upon con- dition that the applicant shall pay to the City Treasurer for the ac- count of Vallet Poultry Company, a connection charge of $20.84 per front foot. Section 2. That if in the future the property owner of Block 1 in Riverfront Subdivision in the City of Dubuque decide to connect to the above described sewer the fol- lowing amounts will be reimbursed by the owners of Block 1 River- front Subdivision to the owners of the lot that at the present time defrayed the entire cost of the sewer. Lot 1-1 - Block 3 - Riverfront Sub. No.2 = $2,117.18 Lot 2-1 - Block 3 - Riverfront Sub. No.2 = $1,090.67 Lot 2 - Block 3 - Riverfront Sub, No.2 = $1,860.55 Lot 3 - Block 3 - Riverfront Sub. No.2 = $2,566.29 Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the of- fice of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ad- option of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent - Mayor Pregler. 478 Regular Session, October 6, 1969 Regular Session, October 6, 1969 479 RESOLUTION NO. 342-69 Resolution Approving Plat Of Clin.Que, Inc. No.2 Addition WHEREAS, there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 2 and Lot 2 of Lot 2 of Lot 2 of Lot 1 of Clin-Que, Inc. Addition in Section 28, Townsbip 89 North, Range 2 East of tbe 5th P.M. in Dubuque County, Iowa, is platted as Lots 1 through 12, inclusive, of Clin-Que, Inc. No.2 Addition in Section 28, Township 89 North, Range 2 East of tbe 5th P.M. in Dubuque County, Iowa; and WHEREAS, said plat has been examined by the City Planning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That tbe above des- cribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 6th day of October, AD., 1969. Sylvester McCauley Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of tbe resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent - Mayor Pregler. RESOLUTION NO. 343-69 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sel! Cigarettes and Cigarette Papers within said City. Walter Paul Donath, 521 East 22nd Street. Nabors of Iowa, Garfield & Elm Streets. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen .... CLASS "C" BEER PERMIT Kopple Market, Inc., 1098 Univer- sity Avenue. Passed, adopted and approved this 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ad- option of the resolution. Seconded by Councilman Meyers. Carried by the following vote Yeas - Presiding Officer Pro Tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent - Mayor Pregler. RESOLUTION NO. 345-69 WHEREAS, applications for Beer Permits were filed by tbe within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Disabled American Veterans Club, 2600 Dodge Street Plaza 20. Joseph E, Reisdorf, 601 Rhomberg Avenue. Donald C. Brimeyer, 1100 Lincoln Avenue. Doris J. Tigges, 2776 Jackson Street. Walter Paul Donath, 521 East 22nd Street. Holiday Oil Distributing, Inc., 665 Dodge Street. Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ad- option of the resolution. Seconded by Councilman Meyers Carried by the following vote: Yeas - Presiding Officer Pro Tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent - Mayor Pregler. RESOLUTION NO. 344-69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same having 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 this City. CLASS "B" BEER PERMIT Disabled American Veterans Club, 2600 Dodge Street Plaza 20. Joseph E. Reisdorf, 601 Rhomberg Avenue. Donald C. Brimeyer, 1100 Lincoln Avenue. Doris J. Tigges, 2776 Jackson Street Walter Paul Donath, 521 East 22nd Street. Holiday Oil Distributing, Inc., 665 Dodge Street. CLASS "C" BEER PERMIT Kopple Market, Inc., 1098 Univer- sity Avenue. BE IT FURTHER RESOLVED, that tbe bonds filed by such ap- plicants be and the same are here. by approved. Passed, adopted and approved this 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt City Clerk Councilman Schultz moved ad- option of the resolution. Seconded by Councilman Meyers. Carried by the fol!owing vote: Yeas - Presiding Officer Pro Tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent - Mayor Pregler. RESOLUTION NO. 346-69 WHEREAS, applications for Li- quor permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT - CHAPTER 123 - as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Holiday Oil Distributing, Inc., 665 Dodge Street. Francis T. Kohl, 1700 Central Ave- nue. Passed, adopted and approved this 6th day of October, 1969. Sylcester McCauley Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Coucilman Schultz moved ad- option of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent - Mayor Pregler. 480 Regular Session, October 6, 1969 There being no further business Councilman Schultz moved to ad- journ. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schuitz. Nays - RESOLUTION NO. 347-69 I WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants, and they received tbe approval of this 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 ordin- ances relevant thereto and tbey have filed proper bonds; NOW THEREFORE BE IT RE- Approved SOLVED by the City Council of ~:~~1~~~i;~;~0 ~~~set~~ b~~~:!:~ Adopted to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Holiday Oil Distributing, Inc., 665 Dodge Street. Francis T. Kobl, 1700 Central Ave- nue. Passed, adopted and approved this 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Attest: .................................................. Leo F. Frommelt City Clerk. City Clerk Councilman Schultz moved ad- option of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays - None. Absent - Mayor Pregler. At 9:40 P.M. Presiding Officer Pro Tern McCauley moved that the Council go into executive session to discuss sale of Urban Renewal property and a Fire Department Personnel problem. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Presiding Officer Pro Tern McCauley, Councilmen Coucb- man, Meyers, Schultz. Nays-None. Absent - Mayor Pregler. At 10:55 P.M. the Council re- turned to the regular session. Mayor Pregler also returned to the meeting. None. Leo F. Frommelt City Clerk 1970 1970 Councilmen Special Session, October 8, 1969 481 CITY COUNCIL OFFICIAL Special Session, October 8, 1969 Council met at 4:30 P.M. (D.S.T.) Present - Mayor Pregler, Coun- cilmen Meyers, McCauley, Schultz. City Manager Gilbert D. Chavenelle Absent - Councilmen Couchman (out of city) Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose ofsubmit. ting the Canvass of Results of the Special Annexation Election hold on October 7, 1969, and acting upon such other business as may prop- erly come before a regular meet- ing of the City Council. Proof of Publication, certified to by the Publisher, of Mayor's Pro- clamation of Notice of Election on Annexation Dubuque, Iowa, pre- sented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Absent-Councilman Couchman. Proof of Publication, certified to by the Publisher, of Official Notice proposing the annexation of certain described unincorporat- ed territory to the City of Dubuque, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Car- ried by the followtng vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Couch- man. Proof of Publication,certified to by the Publisher, of Official Bal- lot of City of Dubuque Annexation Proposition, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the following vote. Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Absent-Councthnan Couchman. October 8, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provis- ions of Section 50.21 of the 1966 Code of Iowa please be advised that on October 8, 1969, we Walter A. Pregler, Mayor and Leo F. Frommelt, Clerk of the City of Dubuque, Iowa, do hereby certify that we publicly canvassed the election returns of the Special Elec- tion, City of Dubuque Annexation Proposition, held on October 7, 1969, and herewith submit the re- port of such canvass on the follow- ing proposition: "Shall The Proposition To Annex The Territory Described As Fol. lows: Commencing at the existing City Limits at a point on the north- west corner of Section 14 T89N R2E of the 5th P.M., thence east along the Section Line between Section 11 and Section 14, both in T89N R2E of the 5th P.M. to tbe northeast corner of Section 14, thence east along the Section Line between Section 12 and Section 13, both in T89N R2E of the 5th P.M. to a point on the southeast corner of the SWv. of Section 12 T89N R2E of the 5th P.M., thence north along the east line of the SWv. of Section 12 to the center point of Section 12, thence east a distance of one thousand nine hundred and eighty-four feet (1,984) to the northeast corner of Lot 1 of Lot 1 of Bethany Addition in Section 12, thence south a distance of seven hundred and twenty-nine feet (729') to the northwest corner of Lot 2 of Lot 1 of the NE'I. of the SE'I. of Section 12, thence east a distance of six hundred fifty-five feet (655') to the northeast corner of Lot 2 of Lot 1 of the NE'I.of the SE¥4 of Section 12, thence north along the Section Line between Section 12 T89N R2E of the 5th P.M. and Section 7 T89N R3E of the 5th P.M. to the northwest corner of Section 7, thence north along the Section Line between Section 1 T89N R2E of the 5th P.M. and Section 6 T89N R3E of the 5tb P.M. to a point on the southeast corner of Lot 2 of Lot 1 of Lot 6 of the Fountainhill Resubdivision in Sec- tion 1, thence northwesterly a 1ÜS- Section line between Section 26 and Section 27, both in T90N R2E of the 5th P.M. to the northeast corner of Section 34 T90N R2E of the 5th P.M., thence south along the Section line between Section 34 and Section 35, both in T90N R2E of the 5th P.M. to the north line of Section 3 T89N R2E of the 5tb P.M., thence east along the north line of Section 3 to the northwest corner of Section 2 T89N R2E of the 5th P.M., thence south along the Section line be- tween Section 2 and Section 3, both in T89N R2E of the 5th P.M. to the southwest corner of Lot 17 R2Ein the NW¥4 of Section 2 T89N R2E of the 5th P.M., thence east along the south line of Lot 17 in the NW¥4 of Section 2 to the northwest corner of Lot 18 in the NW¥4 of Section 2, thence south- easterly along the west line of Lot 18 in the NW¥4 of Section 2 to the northwest corner of Lot 22 of Section 2 T89N R2E of the 5tb P.M., thence southeasterly along tbe west line of Lot 22 of Section 2 to the northwest corner of Lot 2 of Lot 28 of Section 2 T89N R2E of the 5th P.M., thence southeast- erly a distance of seven hundred eigbt and eighty-four hundredths feet (708.84') along the west lines of Lot 2 of Lot 28 in Section 2 and of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 28 in Section 2 to the southwest corner ofLot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 28 in Section 2, thence westerly a distance of six feet (6') along a line bearing S86'30'W, thence southwesterly a distance of two hundred twenty-seven and seven tenths feet (227.7') along a line bearing S35'SO'W, thence south- easterly a distance of three hun- dred twenty-three and four tenths feet (323.4') along a line bearing S27'E, thence southeasterly a dis- tance of two hundred eighty and five tenths feet (280.5') along a line bearing S67'E, thence nortb- easterly a distance of approximat- ely one hundred ten feet (110'ó::) along a line bearing N68'E to the south line of Lot 11 of Block 2 of the Breiner Subdivision in Section 2 T89N R2E of the 5th P.M., thence southeasterly along the southerly line of Block 2 of the Breiner Sub- division in Section 2 to its inter- Special Session, October 8, 1969 section with the northwesterly redths feet) (345.02') in a direct line of the Right-of-Way of State course to the northeasterly cor- of Iowa Highway Number Three ner of Lot 2 of Lot 1 of Lot 1 hundred eighty-six (No. 386), thence of Lot 1 of Lot 1 of Lot 1 of Lot 1 southerly along said line of Right- of Lot 1 of Northome Place in of-Way to a point where said line Section 11 T89N R2E of the 5th intersects the northerly projection P.M., thence westerly a distance of the westerly line of Lot 2 of Lot of seven hundred thirty-seven and 2 of Lot 5 in the NW¥4 of Section ninety-eight hundredths feet (737. 11 T89N R2E of the 5th P.M., 98') along the northerly line of thence soutberly along said pro- Lot 2 of Lot 1 of Lot 1 of Lot 1 jection of the westerly line of Lot of Lot 1 of Lot 1 of Lot 1 of Lot 1 2 of Lot 2 of Lot 5 of the NW¥4 of of Northome Place in Section 11 Section 11 to the northwest corner to the northwesterly corner of of Lot 2 of Lot 2 of Lot 5 of the NW said Lot, thence westerly a dis- V. of Section 11, thence southerly a tance of fifty feet (50') along the distance of two hundred eight and northerly line of Lot 1 of Lot 2 of .even tenths feet (208.7') along the Lot 2 of Lot 1 of Lot 1 of Lot 1 westerly line of Lot 2 of Lot 2 of of Lot 1 of Northome Place in Lot 5 of the NWv. of Section 11 Section 11 to the easterly line of to a point on the northwest corner the Right-of-Way of United States of Lot 2 of Lot 1 of Lot 1 of Lot 1 Highway Number Fifty Two (No. of Lot 2 of Northome Place in Sec- 52) and State of Iowa Highway tion 11 T89N R2E of the 5th P.M., Number three (No.3), thence thence easterly along the northerly southerly along the easterly line of line of Lot 2 of Lot 1 of Lot 1 of the Right-of-Way of said Highway Lot 1 of Lot 2 of Northome Place to the intersection of said Right- a distance of three hundred sixty- of-Way line with the south line three and five tenths feet (363.5') of the N'h of Section 11, T89N R2E to the northeasterly corner of said of the 5th P.M., thence westerly Lot, thence southerly along the along the south line of the N'h easterly line of Lot 2 of Lot 1 of of Section 11, to the southwest car- Lot 1 of Lot 1 of Lot 2 of Northome ner of the N'h of Section 11, thence Place to the northeasterly corner south along the Section Une be- of Lot 1 of Lot 1 of Lot 1 of Lot 1 tween Section 10 and Section 11, of Lot 1 of Lot 2 of Northome both in T89N R2E of the 5th P.M. Place in Section 11 T89N R2E of to the northwest corner of Section the 5th P.M.. thence southerly 14 T89N R2E of the 5th P.M. being along the easterly line of Lot 1 the point of beginning, "in Reso- of Lot 1 of Lot 1 of Lot 1 of Lot 1 lution No. 196-69, passed, adopted of Lot 2 of Northome Place to the and approved by the City Council southeasterly corner of said Lot, of the City of Dubuque, Iowa on thence easterly along the northerly the 7th day of August, 1969, be line of Lot 2 of Lot 2 of Lot 2 of approved?" Lot 2 of Northome Place in Section 11 T89N R2E of the 5th P.M. to the northeasterly corner of said Lot, thence southerly a distance of three hundred forty-five and two hund- 482 Special Session, October 8, 1969 483 tance of six hundred eleven and four tenths feet (611.4') along a line bearing N61'25'W, thence southwesterly a distance of two hundred eighteen feet (218') along a line bearing S46'40'W, thence northwesterly a distance of ninety- one and tbree tenths feet (91.3') along a line bearing N50'10'W, thence northerly a distance of one hundred fifty-nine and two tenths feet (159.2') along a line bearing N3'W, thence northwesterly a dis- tance of eighty-nine and three tenths feet (89.3') along a line bearing N26'50'W, thence north- westerly a distance of five hun- dred seventy-eight and five tenths ~:~,i~~~'fh:~~:gn:rt~n: ~~::;,~: I of two hundred fifty-eight and four tenths feet(258.4'), thence south- easterly a distance of four hundred ninety and eight tenths feet (490.8') along a line bearing S58'53'E thence southeasterly a distance of one thousand six hundred seventy- eight and nine tentbs feet (1,678.9') along a line bearing S60'E, thence southeasterly a distance of three hundred twenty-three and four tenths feet (323.4') along a line bearing S76'15'E, then northeast- erly a distance of ninety-seven and sixty-eight hundredths feet (97.68') along a line bearing N35'15'E. thence southeasterly a distance of seven hundred twenty-four feet (724') along a line bearing S54'E, thence southeasterly a distance of four hundred sixty-two feet (462') :~~~~e~s~:~/~arà':~a~~~'E~f th:i~~~ I hundred eight and five tenths feet (808.5') along a line bearing S50'30'E, tbence southeasterly a distance of one hundred sixty-five feet (165') along a line bearing S 41"30'E, thence east to the Bound- ary Une between the State of Iowa and the state of Wisconsin, thence northerly along said Boundary Une to the point of its intersec- tion with the eastward projection of the south line of tbe N'h of Section 26 T90N R2E of the 5th P.M., thence west along the pro- jected line of the south line of the N'h of Section 26 to the southeast corner of the N'h of Section 26, thence west along the south line of the N'h of Section 26 to the southwest corner of the N'h of Section 26, thence south along the ATTEST: Leo F. Frommelt City Clerk Special Session, October 8, 1969 PRECINTS YES NO DEFECTIVE TOTAL First 623 901 16 1540 Second 359 923 9 1291 Third 126 344 5 475 Fourth 129 273 3 405 Fifth 259 459 6 724 Sixth 514 935 9 1458 Seventh 51 180 11 242 Eighth 155 337 5 497 Ninth 133 424 14 571 Tenth 217 571 15 803 Eleventb 449 879 8 1336 Twelfth 176 425 9 610 Thirteenth 357 897 8 1262 Fourteentb 413 837 31 1281 Fifteenth 349 785 12 1146 Sixteenth 706 1258 24 1981' ~eventeenth 338 491 7 836 TOTALS 5354 10919 192 16465 We Walter A. Pregler, Mayor of the northeast corner of Section the City of Dubuque, Iowa, do 14, thence east along the Section hereby certify that we publicly Line between Section 12 and Sec- canvassed the election returns of tion 13, botb in T89N R2E of the City of Dubuque Annexation Prop- 5th P.M. to a point on the south- osition held on October 7, 1969 east corner of the SW'I. of Section and find the following results; 12 T89N R2E of the 5th P.M., YES 5354 - No 10,919 - De- thence north along the east line fective 192 of the SW'I. of Section 12 to the Total votes cast 16,465. center point of Section 12, thence Respectfully submitted, east a distance of one thousand Walter A Pregler nine hundred and eigbty-four feet Mayor (1984') to the northeast corner of Leo F. Frommelt Lot 1 of Lot 1 of Bethany Addition Clerk in Section 12, thence south a dis- Coucilman Meyers moved that tance of seven bundred and twenty the canvass be received and made nine feet (729') to the northwest a matter of record. Seconded by corner of Lot 2 of Lot 1 of the Councilman Schultz. Carried by NE'I. of the SE'I. of Section 12, tbe following vote: thence east a distance of six hun- Yeas - Mayor Pregler, Council- dred fifty-five feet (655') to the men Meyers, McCauley, Schultz. northeast corner of Lot 2 of Lot 1 Nays - None. of the NE'I. of the SE'I. of Section Absent - Councilman Couch- 12, thence north along the Section man. Line between Section 12 T89N RESOLUTION NO. 348-69 R2E of the 5th P.M. and Section 7 WHEREAS the Mayor and City T89N R3E of the 5th P.M. to the Clerk of Dubuque today met and nortbwest comer of Section 7, canvassed the votes cast at the tbence north along the Section October 7, 1969, Special Annexa- Line between Section 1 ,!89N tion Proposition Election of the R2E of the 5th P.M. and SectIOn 6 following question submitted to T89N R3E of the 5th P.M. to a tbe electors of the City of pomt on the southeast corner of Dubuque' Lot 2 of Lot 1 of Lot 6 of the "Shall The Proposition To Annex Founta~nhill Resubdivision in Sec. The Territory Described as Fol. tance bon 1, thence northwesterly lows: a distance of six hundred, eleven Councilman Meyers moved tbat and four tentbs feet (611.4) along City Limits at a point on tbe north- a line bearing N61'25'W, thence west corner of Section 14 T89N southwesterly a dIStance of two R2E of the 5th P.M., thence east hundred eighteen feet (218') along along the Section Line between a line bearing S46'4O'W, thence Section 11 and Section 14, botb northwesterly a distance of ninety in T89N R2E of the 5th P.M. to one and three tenths feet (91.3') 484 Special Session, October 8, 1969 485 along a line bearing N50'10'W, thence northerly a distance of one hundred fifty-nine and two tenths feet (159.2') along a line bearing N3'W, thence northwesterly a dis- tance of eighty-nine and three tenths feet (89.3') along a line bearing N26'50'W, thence nortb- westerly a distance of five hun- dred seventy-eight and five tenths feet (578.5') along a line bearing N61'25'W, tbence north a distance of two hundred fifty-eight and four tenths feet (258.4'), thence south- easterly a distance of four hun- dred ninety and eight tenths feet (490.8') along a line bearing S58'53'E thence southeasterly a dis- tance of one thousand six hundred seventy-eight and nine tenths feet (1,678.9') along a line bearing S60'E, thence southeasterly a dis- tance of tbree hundred twenty- three and four tenths feet (323,4') along a line bearing S76'15'E, thence northeasterly a distance of ninety-seven and sixty-eight hun- dredths feet (97.68') along a line bearing N35'15'E, thence south- easterly a distance of seven hun- dred twenty-four feet (724') along a line bearing S54'E, thence south- easterly a distance of four hundred sixty-two feet (462') along a line bearing S45'E, thence southeast- erly a distance of eight hundred eight and five tenths feet (808.5') along a line bearing S50'30'E, thence southeasterly a distance of one hundred sixty-five feet (165') along a line bearing S41'30'E, thence east to the Boundary Line between tbe State of Iowa and the State of Wisconsin, tbence north- erly along said Boundary Line to the point of its intersection with the eastward projection of the south line of the N'h of Section 26 T90N R2E of the 5th P.M., thence west along the projected line of the south line of the N'h of Section 26 to the southeast cor- ner of the N'h of Section 26, thence west along the south line of the N'h of Section 26 to the southwest corner of the N'h of Section 26, thence south along the Section line between Section 26 and Section 27, both in T90N R2E of the 5th P.M., thence east east corner of Section 34 T90N R2E of the 5th P.M., thence south along the Section Line between Section 34 and Section 35, both in T90N R2E of the 5th P.M. to the north line of Section 3 T89N R2E of the 5th P.M., thence east along the north line of Section 3 to the northwest corner of Sec- tion 2 T89N R2E of the 5th P.M., thence south along the Section Line betwen Section 2 and Sec- tion 3, both in T89N R2E of the 5th P.M. to the southwest corner of Lot 17 in the NW¥4 of Section 2 T89N R2E of the 5th P.M., thence east along the south line of Lot 17 in the NW¥4 of Section 2 to the northwest corner of Lot 18 in the NW¥4 of Section 2, thence south- easterly along the west line of Lot 18 in the NW'I. of Section 2 to the northwest corner of Lot 22 of Section 2 T89N R2E of the 5th P.M., thence southeasterly along the west line of Lot 22 of Section 2 to the northwest corner of Lot 2 of Lot 28 of Section 2 T89N R2E of the 5th P.M., thence southeast- erly a distance of seven hundred eight and eighty-four hundredths feet (708 84') along the west lines of Lot 2 of Lot 28 in Section 2 and of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 28 in Section 2 to the southwest cor- ner of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 28 in Section 2, thence west- erly a distance of six feet (6') along a line bearing S86'30'W, thence southwesterly a distance of two hundred twenty-seven and seven tenths feet (227.7') along a line bearing S35'30'W, thence south- easterly a distance of three hun- dred twenty-three and four tenths feet (323.4') along a line bearing S27'E, thence southeasterly a dis- tance of two hundred eighty and line bearing S6TE, thence north- easterly a distance of approximat- ely one hundred ten feet (110'c'c) along a line bearing N68'E to the south line of Lot 11 of Block 2 of the Breiner Subdivision in Section 2 T89N R2E of the 5th P.M., thence southeasterly along the southerly line of Block 2 of the Breiner Sub- division in Section 2 to its inter- section with the northwesterly line of the Right-of-Way of State of Iowa Highway Number Tbree hundred Eighty-Six (No. 386), thence southerly along said line of said Right-of-Way to a point where said line intersects the northerly projection of the westerly line of 486 Special Session, October 8, 1969 Lot 2 of Lot 2 of Lot 5 of the NW¥4 of Section 11 T89N R2E of the 5th P.M., thence southerly along said projection of the west- erly line of Lot 2 of Lot 2 of Lot 5 of the NWV. of Section 11 to the northwest corner of Lot 2 of Lot 2 of Lot 5 of the NWV. of Section 11, thence southerly a distance of two hundred eight and seven tenths feet (208.7') along the westerly line of Lot 2 of Lot 2 of Lot 5 of the NW¥4 of Section II to a point on the northwest corner of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place in Section 11 T89N R2E of tbe 5tb P.M., thence east- erly along the nortberly line of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place a dis- tance of tbree hundred sixty-three and five tentbs feet (363.5') to the northeasterly corner of said Lot, thence southerly along the east- erly line of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Nortbome Place to the northeasterly corner of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place in Section 11 T89N R2E of the 5tb P.M., thence southerly along the easterly line of Lot 1 of I Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place to tbe southeasterly corner of said Lot, thence easterly along the north- erly line of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Northome Place in Section II T89N R2E of the 5th P.M. to the northeasterly corner of said Lot, tbence southerly a distance of three hundred forty- five and two hundredtbs feet (345. 02') in a direct course to tbe north- easterly corner of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Northome Place in Section 11 T89N R2E of the 5th P.M., thence westerly a distance of seven bundred thirty- seven and ninety-eight hundredths feet (737.98') along tbe northerly line of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Northome Place in Sec- tion II to the northwesterly cor- ner of said Lot, thence westerly a distance of fifty feet (50') along the northerly line of Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Northome Place in Section II to tbe easterly line of the Right-of-Way of United States Highway Number Fifty-Two (No. -- 52) and State of Iowa Highway Number Three (No.3), thence southerly along the easterly line of the Right-of-Way of said Highway to the intersection of said Right-of- Way line with tbe soutb line of the N'h of Section 11 T89N R2E of the 5th P,M., thence westerly along tbe south line of the N'h of Section 11 to the southwest corner of the N'h of Section 11, thence south along the Section Line between Section 10 and Section ll, both in T89N R2E of the 5th P.M. to the northwest corner of Section 14 T89N R2E of the 5th P.M. being the point of beginning. "in Resolu- tion No. 196-69, passed, adopted and approved by the City Council of the City of Dubuque, Iowa, on the 7th day of August, 1969, be approved?" WHEREAS the result of such canvass was found to be as fol- lows: YES 5,354 - NO 10,919 - DE- FECTIVE 192 - TOTAL 16,465. WHEREAS is appears from such canvass that sucb annexation as proposed and voted upon was de- feated by a majority of those voting thereon: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council accepts the result of said election as the official expression of the will of the people of the City of Dubuque on the issue of annexa- tion of the above described area. Passed, adopted and approved this 8th day of October, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilmen McCauley moved ad- option of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent - Councilman Couchman Special Session, October 8, 1969 487 October 6, 1969 Hon. Mayor & City Council re: Mrs. Charles Clayton Gentlemen: On August 25, 1969, Mrs. Charles Clayton of 607 Rhomberg Avenue this city, filed claim against the City of Dubuque for damages al- legediy suffered to her motor ve- hicle on August 22, 1969, when leaving her parking spot at or near 2128 Kniest Street, Dubuque, Iowa, she drove over a manhole cover which allegedly was loose and caused said damages to her vehicle. I have conferred with the claim- ant and have made an investiga- tion of this matter and have found that the claimant damaged the right fender, the right hand front door and the chrome strip on her auto, and said claimant has made an offer of settlement of her claim in the amount of $83.83. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be in- structed to draw a warrant pay- able to Mrs. Charles Clayton in the amount of $83.83 and trasmit same to the City Attorney for de- livery upon receipt of duly exe- cuted release. Original Claim is returned here- with. Respectfully submitted R. N. Russo City Attorney Councilman Schultz moved ap- proval of the recommendation. Seconded by Councilman McCauley Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent - Councilman Coucb- man. Petition of Albert Brandt et al (18 signers) objecting to the de- lapidated condition of a structure located at 2621 Fulton Street and described as Lot 36 in William Rebman Subdivision, presented and read. Mayor Pregler moved that the petition be referred to the City Manager for investigation and report. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Absent - Councilman Couch- man. Petition of E. A McCoy request- ing a refund of $20. on a Trans- ient Merchant City License #243 for an antique show which was to be held but subsequently cancelled presented and read. Councilman Schultz moved that the petition be granted and the Auditor instruc- ted to issue proper warrant. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent - Councilman Couch- man. Petition of Mike Husmann et al (43 signatures) requesting a traf- fic control device at the intersec- tion of Algona and University Ave- nue, presented and read. Council- man Meyers moved that the peti- tion be referred to the City Man- ager and staff. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent - Councilman Couch- man. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent - Councilman Couch- man. Leo F. Frommelt City Clerk Approved ..................................1970. Adopted ....................................1970. """""""""""""""""""""""""""""" Councilmen Attest: """"""""ci¡ÿ"ëï~~k""""""'" 488 Special Session, October 15, 1969 CITY COUNCIL OFFICIAL Special Session, October IS, 1969 Council met at 4:30 P.M. (D.S.T.) Present - Mayor Pregler, Council. men Meyers, McCauley, Schultz. City Manager Gilbert D. Chave- nelle. Absent-Councilman Couchman (out of city) Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Adopt- ing and Approving the Execution of Acceptance of a Grant Offer From F. A. A. for the purpose of obtaining Federal Aid in the De- velcpment of the Airport in the amount of $126,718 and acting up- on such other business as my prop- erly come before a regular meet- ing of the City Council. October 10, 1969 To the Honorable Mayor and City Council Gentlemen: The petition of Lois Morarend for a street light at 16th and Cedar has been investigated by the electrical inspector. It is recommended that a 175 watt mercury vapor light be in- stalled on Cedar Street in the vi- cinity of 1533 Cedar. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Couch- man. October 14, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: Attached hereto are the list of judges and clerks who will be in charge of the Election Registers at the polls for both the Primary Election October 21, 1969 and the General Election November 4, 1969 May we request approval of the lists. Respectfully submitted, Leo F. Frommelt City Clerk Councilman Schultz moved ap- proval of the lists. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Couch- man. Notice of claim of Edward G. Schulz, in the amount of $200., for car damage incurred as the result of a fallen dead elm tree limb on October 9, 1969, while said car was parked at his home at 429 Clark Street, presented and read. Councilman Meyers moved that the notice of claim be refer- red to the City Solicitor for in- vestigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent - Councilman Couch- man. Notice of Mary T. Hendricks of 1311 N. Grandview Ave., in the amount of $140.86, for car dam- age incurred as the result of strik- ing a rock while driving on 4th Street Extension on October 3, 1969, presented and read. Council- man Meyers moved that the notice of claim be referred to the City Solicitor for investigation and re- p'ft. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent - Councilman Couch- man. ORDINANCE NO. 38-69 An Ordinance Authorizing Fischer Investment Compeny, Dubuque, Iowa to construct a Planter and Umbrellas at City Lot S. 13' 3" of 75A and City Lot 76 . N. W. Comer 2nd & Main St. presented and read. Councilman McCauley moved that the reading just had be can. sidered tbe first reading of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Special Session, October 15, 1969 Absent - Councilman Couch- man. Councilman McCauley moved that the rule requiring an Ordin- ance to be read on three seperate days be waived. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Couch- man. 489 Mom ~'U"c"m"" 11.10/20 Councilman McCauley moved final adoption of the Ordinance. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Couch- man. ORDINANCE NO. 39-69 An Ordinance Amending and Changing Ordinence No. 3-34 Known as the Zoning Mep end Zoning Ordinance of the City OF DUBUQUE SO AS TO CHANGE WV2 of Lot 13 of Lot 3 of M.L. 90; E. V2 of Lot 13 of Lot 3 of M. L 90; Lot 14 of Lot 3 of M.L. 90; Lot 15 of Lot 3 of M.L. 90; Lot 16 of Lot 3 of M.L. 90; Lot 2 of Lot 2 of Lot 2 of Lot 17 of Lot 3 of M.L. 90; Lot 1 of Lot 2 of Lot 2 of Lot 17 of Lot 3 of M.L.90;Lot 2ofLot 2 of Lot 18 of Lot3 of M.L.9O; of Lot 1 of Lot 2of Lot 180fLot3 ofM.L. 90; Lot 19 of Lot 3 of M.L. 90; Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of M.L. 90; Lot 1 of Lot 5 of Lot 1 of M.L.9O; Lot I of Lot 5 of Lot 1 of 5, Lot 2 of 5, Lot 1 of Lot 1 of Lot 6, Lot 2 of 6, Lot 2 of 1 of Lot 6 of Block II In Hemblin subdivi. sion from "Multlple RESIDENCE DISTRICT CLASSIFICATION TO "SINGLE FAMILY RESIDENCE DISTRICT CLASSIFICATION, pre.ented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Council- liIlen Meyers, McCauley, Schultz. Nays-None. 490 Special Session, October 15, 1969 Special Session, October 15, 1969 491 Absent - Councilman Couch- man. Councilman Meyers moved that the rule requiring an Ordinance to be read on three seperate days be waived. Seconded by Mayor Preg- ler. Carried by the followtng vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Coucb- man. ' Councilman Meyers moved that a public hearing be held on the Ordinance on November 17, 1969, at 7:30 P.M. Central Standard Time in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent - Councilman Couch- man. ORDINANCE NO. 40-69 An Ordinance Amending and Changing Ordinance No. 3-34 Known as The Zoning Mep and Zonnlg Ordinence of the City of Dubuque So as to Chenge all of Block "C" and Block "D" end the following portion of Block "A" described as that portion of Lot 1 of Block A in "Highland" in the City of Dubuque, lowe, from "Single Residence District" Classi. District" Classification to "Multi. pie Residence District" Classifice- lion. presented and read. Councilman Meyers moved that tbe reading just had be considered the first reading of the Ordinance. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Couch- man. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be, waived. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- me,n Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Couch- man. Councilman Meyers moved that a public hearing be held on the Ordinance be held on November 17, 1969, at 7:30 P.M. Central Standard Time in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Mayor Pregler. Carried by the followtng vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent, - Councilman Couch- man. ' Petition of Gamble Store, 545 Main Street, Harold Muntz, owner, requesting an additional thirty day license extension on "Going Out of Business Sale" From October 20, 1969, presented and read. Mayor Pregler moved that the petition be granted subject to ap- proval of the City Manager, Sec- onded by Councilman Meyers. Car- ried by the fallowing vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Couch- man. Petition of Peoples Natural Gas requesting permission to excavate at Loras and Main to cut two 3' x 15' and two 3' x 40' holes to re- place leaking mains, presented and read. Mayor Pregler moved that the petition be approved. Seconded by Councilman McCauley- Carried by the following vote: Yeas - Mayor Pregler, Cquncil- men Meyers, McCauley, Schultz. Nays - None. Absent ~ Councilman Couch- man. - Petition of James M. Plein re- questing a refund of $50. on the unexpired portion of cigarette license No. 53, as he has discon- tinued business on October 14, 1969, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent - Councilman Couch- man. Petition of Conrad Plumbing & Heating Co. requesting permission to excavate in Dodge at Booth Street for water and sewage ser- vices for ¥M-YWCA facilities, presented and read. Mayor Pregler moved that the petition be granted. Seconded by Councilman Meyers. Carried by the fallowing vote: Yeas - Mayor Pregier, Council- men Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Couch- man. ,...Extract from the Minutes of e Special Meeting of the City Council of the City of Dubuque, Iowa held on October 15, 1969. The following Resolution was introduced by Mayor Walter A Pregler, read in full and consid- ered: seconded by Councilman Sylvester McCauley. On roll call tbe vote was: Yeas - Mayor Walter A. Preg- ler, Councilmen Donald R. Meyers, Sylvester McCauley, Merlin F. Schultz. Nays - None. Absent - Councilman Gaylord M. Couchman. RESOLUTION NO. 349-69 Resolution Adopting and Ap.- proving the Execution of en Ac. ceptance of e Grant Offer From the Chief, Airports Division, Central Region of the Federal Aviation Administration for the United Statea of Amerlce to the City of Dubuque, Iowa, for the Purpose of Obtaining Federal Aid In the Development of the Dubuque Munlclpel Airport, Under Project No. 9.13-020-7011 .... BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Petition of Peoples Natural Gas requesting permission to excavate in Clarke Drive near Faye Street to replace leaking gas main, pre- sented and read. Mayor Pregler moved that the petition be approv- ed. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schulu. Nays..,... None. Absent - Councilman Couch- man. Section 1. That the City of Dubuque, Iowa, shall for the pur- pose of obtaining federal aid in the development of the Dubuque Mu- nicipal Airport, enter into a Grant Agreement with the United States of America by executing an ac- ceptance of a Grant Offer from the Federal Aviation Administra- tion, acting for the United States of America, to the City of Dubuque and that such Grant Offer shall be set forth hereinbelow under Sec- tion 4. Section 2. The City of Dubuque, Iowa, does hereby ratify and adopt all statements, representations, warrants, covenants, and agree- ments contained in the Project Application and in the non-dis- crimination assurances incorpor- ated in the said Grant Offer. Section 3. That the Airport Com- mission of the City of Dubuque acting through its officer or offi- cers designated by it to sO act, hereby authorized and directed to execute the acceptance of said Grant Offer on behalf of the City of Dubuque, Iowa. Section 4. That the Grant Offer referred to hereinabove sball be as follows. REFER TO THE RECORD FOR GRANT OFFER RESOLUTION NO. 350-69 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Thomas A. Lindecker, John F. Kennedy and Asbury. William Baker, 1064 University Avenue. University of Dubuque, 2050 Uni- versity Avenue. Clarke College, 1550 Clarke Drive. BE IT FURTHER RESOLVED that the bonds be filed with the ap- plication be approved. Passed adopted nnd approved this 15th day of October, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen 492 Special Session, October 15, 1969 Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the followtng vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Couch- man. There being no further business Councilman Meyers moved to ad- journ. Seconded by Mayor Pregler. Carried by the fo1lowing vote. Yeas - Mayor Pregler, Council. men Meyers, McCauley, Schultz. Nays - None. Absent - Councilman Couch- man. Leo F. Frommelt City Clerk Adopted 1970 Approved 1970 ............................................................ .....................................................-..... ............................................................ ........................................................... Councilmen Attest: """"ëiiÿ"'ëi~~k""""""""""" Special Session, October 22, 1969 493 CITY COUNCIL OFFICIAL Spoclel Session, October 22, 1969. Council met at 4:30 P.M. (D.S.T.) P.--nt - Mayor Pregler, Coun- cilmen Couchmen, Meyers, Mc. Cauley, Schultz. City Manager Gilbert D. Chavella. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Sub- mitting Canvass of the Rasulls of the Primary Elactlon held on October 21, 1969, and acting upon such other business as may prop. erly come before a regular meet- ing of the City Council. ProOf of Publication, certified to by the Publisher, of Municipal Primary Election Ballot held on October 21, 1969, presented and read. Mayor Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the fo1lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. October 22, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provis- Ions of Chapter 363.24 of the 1966 Code of Iowa, on October 22, 1969, I made a public canvass of the election returns of the Municipal Primary Election held on October 21, 1969, and heretofore submit the report of the results of said canvass. In accordance with the provis- ions of said Chapter the fo1lowing Ì$ a list of the nominees for all offices to be filled at the forth- coming Municipal General Eelec- tion to be held on November 4, 1969: FOR COUNCILMEN FOR THE TERM COMMENCING THE SEC- OND SECULAR DAY OF JAN- UARY 1970 Wayne A. Moldenhauet - Nom- inated by Primary Election. Joseph J. Bitter - Nominated by Primary Election. Arthur M. Boardman - Nomi- nated by Primary Election. Roger B. Cox - Nominated by Primary Electioll. John L. Powers - Nominated by Primary Election. Walter A. Pregler - Nominated by Primarý Election. FOR PARK COMMISSIONER REGULAR TERM Robert J, Durbrow - Nominated by Primary Election. Thomas G. Schrup - Nominated by Primary Election. I, Leo F. Frommelt City Clerk of the City of Dubuque, Iowa, do hereby certify that on October 22, 1969, I publicly canvassed the re- turns of the Municipal Primary Election bold on October 21, 1969, and find the following results: NOMIATED BY PRIMARY ELEC- TION FOR COUNCILMEN Wayne A. Moldenhauer, 6761 votes. Joseph J. Bitter 5836 votes Arthur M. Boardman 4307 votes. Roger B. Cox 3658 votes. John L. Powers 3646 votes. Walter A. Pregler 3390 vat... Total Number votes cast 9177. Respectfully submitted, Leo F. Frommelt City Clerk 494 0- -0 0- - - C'4 a= .... l1li 0 ... u 0 Z OZ -.... t3 ~ü ""z )-::;) a=o ~u ~a= a=0 0.110 ... ~ 0. Ü Ž ::;) ~ 110 0 .... 6 > Special Session, October 22, 1969 .SO) 'O¡OA -IO.O.L Ae.6ø.1d "'" AO¡leM "'-Od ., Ulor o4IooeolO 'r'M AldAnw , '.Jeo AonelueplOW 'VeuAeM Aolne»w Ao..eAIAs 'Ar 6010lnOH 'r ¡,IoqJON l.eoOQ '11 Om) XO) 'S JoBOIi uewp.lOOS OW Anl¡,I. AO#IS 'r IdOlor ~~~8~~~~~g~~o~~~~ ~~~N~~_~M~~N~~~~~ ~~~~s~~sg~~~ss~~~ ~~~~E!~~§~~øi¡~a~ ~s~~§~~;!~~~~~~~~ ~~~~~~~8~~~~!;~~= ~~~~~~~§~~~~~~~~~ ~~~~~8~~i~~~~~S~~ MN ~N ~~ ~~~M~ ~~~~O=O~===~~MO.OI. ~N~".~=O.M~N œ~~=,~ ~~ -M ~~~~~ NNM~M ~~A.g!=~~~~~~;~!~ ~~~~!~~S~~~S~~~~E ~~sæ¡!~~~!~!~~!~i~ ~~S~I=~~~~!~~~~.~ ~ ììrm \11ìfUrm 1 l!¡"'¡~¡¡~"'¡¡~~UU~ .¡ ~~~~~~~5~~~~~~~~!~ ~ i~~~~~~Æ~~~~~~~~~~ I:: ;: ! M ! M ¡ ! :¡¡ t¡¡ 0 :õ ~ Special Session, October 22, 1969 495 Councilman Schultz moved that the canvass be received and made a matter of record. Seconded by Mayor Pregler. Carried by the following Vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Communication of American Le- gion expressing concern of the ap- parent permissiveness of the auth- orities of the City in dealing with a certain segment of youth in an effective but legal manner and offering their services to further the youth of the City on the road to a constructive life as good citi- zens, prseented and read. Mayor Pregler moved that the commuication be recieved and til- 'ed, Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. ' Nays - None. October 17, 1969 To the Honorable Mayor and City Council Gentlemen: A request has been received from Mrs. Frank P. Quinn for a street light on Samuel Street. The' area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled on the southwest curve on the property line between 769 and 785 Samuel Street. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman Meyers, McCauley, Schultz. Nays-None. October 22, 1969 To the Honorable Mayor and City Council Gentlemen: I am enclosing a proposed con- tract from Interstate Power Com- pany for the supply of electricity to the, Iowa Street Parking Ramp. The contract has been reviewed by the electrical inspector," and I request authority to sign the can.' tract on behalf of the City subject to the approval of the City Solici- tor. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the City Manager be given authority to sign the contract on behalf of the City. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. October 20, 1969 To the Honorable Mayor and City Council Gentlemen: I submit for your consideration the Highway Maintenance Contract for July 1, 1969 to June 30, 1970. I request authority to sign the contract on behalf of the City. Respectfully, Gilbert D. Chavenèlle City Manager Councilman Meyers moved that the request be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. October 16, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer and Water Department, as well as a list of claims for which warrants were drawn, for the month of Sep- tember, 1969. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. May 23, 1969 Hon. Mayor and City Council re Charlot end Kri.tln Fi.her Gentlemen: On April 18, 1969, Charles T.and Kristin Fisher of, 975 Mayfair Court, Dubuque, IOwa, filed claim 494 0- -0 0- - - C'4 a= III l1li 0 ... u 0 % 0% - III t3 ~ü 111% )0::;) a=o ~u ~a= a=0 0.110 ... ~ 0. Ü Ž ::;) ~ 110 0 III 6 > Special Session, October 22, 1969 ¡SO) ,o¡oA -le¡o.L Je¡6"'d "1 Ao¡¡eM ",_od ., uljor o4IoseuljO 'r'M AldAnw , '.lIeo Joneljueplow "IeuAeM J.elne)"W A.¡.eAIAS 'Ar 6010lnoH 'r ¡.I8CAON Ij¡euog '110"0 XO) 'S Ao801l uewp.leos OW Anlj¡.l" AOHIS 'r IjdOlor ~~~8~~~~~8~~O~~~~ ~~~N~~_N~~~N~~~~~ ~~~~E~~sg~~~E~~~~ ¡¡¡\i!!i;g¡E!fò~!:¡:!!~aí!1~¡¡¡!H! ~E~~~~~;!~~~~~~~~ ~~~~~¡¡¡~~~~~~!;~~= ~~~~~~~§~~~~~~~~~ :~~~~8~~i~~~~~Q~~ ~N ~N ~~ ~~~~~ ~~~~o=O~====~~O.OI. ~~N~".~=O~~~N =~==,~ N~~ -~ ~~~N~ NN~~M ~,!õ;: g¡~~~:!i:g ~ ~~,¡g ~ Iõ ~ ~ ~~~~!~~S~~~S~~~~E ~~sã!!~~~!~¡~~!~i~ ~~~ql¡~~~i~~~¡~~~ ¡ \ III r 1\\lll UTlr~ l' l!¡"'¡";¡¡~"'¡¡~~~~U~ .¡ ~~~~~~~5~~~~~~~~$5 ~ Æ~~~~~~Æ~~~~~~~~~£ ~ ;: ~ ~ ! ~ ¡ ! :¡¡ t¡¡ 0 :õ N Special Session, October 22, 1969 495 Councilman Schultz moved that the canvass be received and made a matter of record. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Communication of American Le- gion expressing concern of the ap- parent permissiveness of the auth- orities of the City in dealing with a certain segment of youth in an effective but legal manner and offering their services to further the youth of the City on the road to a constructive life as good citi- zens, prseented and read. Mayor Pregler moved that the commuication be recieved and fil- 'ed, Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. October 17, 1969 To the Honorable Mayor ,and City Council Gentlemen: A request has been received from Mrs. Frank P. Quinn for a street light on Samuel Street. The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled on the southwest curve on the property line between 769 and 785 Samuel Street. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman Meyers, McCauley, Schultz. Nays - None. October 22, 1969 To the Honorable Mayor and City Council Gentlemen: I am enclosing a proposed con- tract fròmInterstate Power Com- pany for the supply of electricity to the, Iowa Street Parking Ramp. The contract has been reviewed by the electrical inspector; and I request authority to sign the can-' tract on behalf of the City subject to the approval of the City Solici- tor. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the City Manager be given authority to sign the contract on behalf of the City. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. October 20, 1969 To the Honorable Mayor and City Council Gentlemen: I submit for your consideration the Highway Maintenance Contract for July 1, 1969 to June 30, 1970. I request authority to sign the contract on behalf of the City. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the request be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. October 16, 1969 To the Honorable Mayor and City Council Gentlemen: I herewtth submit the reports of the City Auditor, City Treasurer and Water Department, as well as a list of claims for which warrants were drawn, for the month of Sep- tember, 1969. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. May 23, 1969 Hon. Mayor and City Council re Charles and Krl.tin Fi.her Gentlemen: On April 18, 1969, Charles T.and Kristin Fisher of 975 Mayfair Court, Dubuque, IOwa, filed claim 496 Special Session, October 22, 1969 against the City of Dubuque, Iowa for damages in the amount of $117.16 allegedly suffered on April 4, 1969 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on May 22, 1969 of no liability and in view of the foregoing, it is the rec- ommendation of the City Attorney that the claim of Mr. and Mrs. Charles Fisher be denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Petition of Y's Men's Club re- questing permission to sponsor a Halloween Parade on Thursday, October 30, 1969, presented and read. Mayor Pregler moved that the petition be approved and referred to the City Manager for coordina- tion. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers McCauley, Schultz. Nays - None. Petition of Arnold Van Etten, attorney, in behalf of Charles H. Cadigan, bis client, requesting consideration of petition previous- ly presented relative to the vaca- tion and title to an alley described as Lot 6-A of O. L. 724, presented and read. Mayor Pregler moved that the petition be referred to the City Solicitor for proper proceed- ings and also to the City Manager to negotiate a reasonable price. Seconded by Councilman Schultz. Carried by the following vote. Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Petition of Chamber of Com- merce requesting permission to conduct a Santa's Arrival Parade on November 24, 1969, presented and read. Mayor Pregler moved approval of the petition and that the same be referred to the Manager for coordination. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Mrs. A. R. Mescher requesting that the intersection at SI. Ambrose and Rosedale be made a four way stop rather than the present two-way stop, present. ed and read. Councilman Meyers moved that the petition be refer- red to the City Manager and Traf- fic Department for investigation and report. Seconded by Council- man Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 351-69 WHEREAS, the Department of Housing and Urban Development has submitted request for pro- posals designated as Request for proposals H-2-70 for Municipal Information Systems, and WHEREAS, the City Council of City of Dubuque, Iowa deems it in the best interests of the inhabitants of the City of Dubuque to Submit proposals in response to the re- quest of the Department of Hous- ing and Urban Development. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Du- buque, Iowa does hereby respond to the request for proposals by committing itself to proposals as set out in Request for Proposal H-2-'70 for Municipal Information Systems. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said proposal for and on behalf of tbe City of Dubuque, Iowa. Section 3. That the City Clerk be and he hereby is authorized and directed to submit said proposal to the Department of Rousing and Urban Developemnt. Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the followIng vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. RESOLUTION NO. 354-69 WHEREAS, applications for Liq- uor Permits have been suhmitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant. ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123 - as amended by the 60th General Assembly, 1963. Special Session, October 22, 1969 497 Passed, approved and adopted RESOLUTION NO. 353049 this 22 day of October, 1969. WHEREAS, applications for Beer Walter A. Pregler Permits were filed hy the within Mayor named applicants and they have Sylvester McCauley received the approval of this Coun- Merlin F. Schultz cil; and Donald R. Meyers WHEREAS, the premises to be Gaylord M. Couchman occupied by such applicants were CouncIlmen inspected and found to comply wtth the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue the following named applicants a Beer Permit. CLASS "Bu BEER PERMIT Anthony A. & Bette O. Hel1lng, 701 Dodge Street. CLASS "C" BEER PERMIT National Tea Company, 2013 Central Avenue. Nabors of Iowa, Inc., 1990 Elm Street. BE IT FURTHER RESOLVED THAT the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 22 day of October, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. RESOLUTION NO. 352-69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW mEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the followtng applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Anthony A & Bette O. Helling, 701 Dodge Street. CLASS "C" BEER PERMIT National Tea Company, 2013 Central Avenue. Nabors of Iowa, Inc. 1990 Elm Street. Passed, adopted and approved this 22 day of Odober, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. 498 Special Session, October 22, 1969 CLASS "B" MOTEL LICENSE Anthony A. & Bette O. Helling, 701 Dodge Street. CLASS "C" COMMERCIAL ESTABLISHMENT Doris J. Tigges, 2776 Jsckson Street. John F. Glynn, 760 East 16th Street Passed, adopted and approved this 22nd day of October, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couehman, Meyers, McCauley, Schultz. Nays - None. RESOLUTION NO. 35U9 WHEREAS, applications for Liq- our Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply wtth the State Law and all City Ordin- ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a LIquor Permit. CLASS "B" MOTEL LICENSE Anthony A. & Bette O. Helling, 701 Dodge Street. CLASS "C" COMMERCIAL ESTABLISHMENT Doris J. Tigges, 2776 Jackson Street. John F. Glynn, 760 East 16 Street Passed, adopted and approved this 22nd day of October, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. There being no further business Councilman Couchman moved to adjourn. Seconded by Mayor Preg- ler. Carried by the fallowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. ....Nays - None. Leo F. Frommelt City Clerk Approved ....................................1970 Adopted ......................................1970 ..........................................................,. ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: """"'ëiïÿ'ci~;k""""""""""'"