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1973 December Council Proceedings "'~' Regular Session, December 3, 1973 em CITY COUNCIL quh'ements. Seconded by Presiding OffICer Pro Tem Moldenhauer. Carried by the following vote: OFFICIAL Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Regular Session, December 3, Pregler, Thoms. 1973. Nays-None. Council met at 7:30 P.M. (C.S.T.) Absent ~ Mayor Bitter, Council- Present - Councilmen Molden- man Justmann. hauer, Pregler, Thoms. City Man- Presiding Officer Pro Tem M?l- ager Gilbert D. Chavenelle. denhauer moved that tbe City Absent-Mayor Bitter (M roll Manager be Instructed to develop call), Councilman Justmann (out a time table as to improvements of City). on the Industnal Island. Seconded by Councilman Pregler. Carried by Presiding Officer Pro Tem Mol- the following vote: denhauer read the call, in the ab- Yeas - Presiding Officer Pro sence of Mayor Bitter, and stated Tem Moldenhauer, Councilmen that service thereof had been duly Pregler, Thoms. made and this is the REGULAR Nays-None. MONTHLY MEETING of the City Absent - Mayor Bitter, Council- Council called for the purPose of man Justmann. acting upon such business as may Councilman Pregler moved that properly come before the meeting. the feasibility and long range plan CommunicatIon of Dubuque for area "C" be supervised by the Dock Board submitting a report City Manager. Seconded by Pre- requesting consideration to pro- siding Officer Pro Tem Molden- vide water service to Dubuque In- hauer. dustrial Area "C" justifying the Councilman Thoms moved that expenditure of $39,164.40 for con- a copy of Councilman Justmann's struction of a 12" water main over letter dated November 15, 1973 the 16th street bridge between relative to Area "C" in which he Area "C" and Kerper Blvd., pre- advised of getting in contact with sented and read. Mr. Wm. Brabham, Ass't to the Councilman Pregler moved that Director of the Iowa Conservation the rules be suspended in order to Commission with respect to utili- let anyone present address the zation of Area "c" as a State Park Council if they so desire. Second- be sent to the Recreation Commis- ed by Presiding Officer Pro Tem sion, Park Board and Industriai Moldenhauer. Carried by the fol- Bureau. Seconded by Presiding of- lowing vote: ficer Pro Tem Moldenhauer. Car- Yeas - Presiding Officer Pro ried by the following vote: Tem Moldenhauer, Councilmen Yeas - Presiding Officer Pro Pregler, Thoms. Tem Moldenhauer, Pregler, Thoms. Nays-None. Nays-None. Absent - Mayor Bitter, Coun- Absent - Mayor Bitter, Council- cilman Justmann. man Justmann. Dock Commissioner Manager Councilman Pregler moved that Shirley Lang, F. J. Schreiber and the long-range plan for area "C" William McEllhiney members of be supervised by the City Manager. the Dock Commission all addressed Seconded by Presiding Officer Pro the Council as to the immediate Tem Moldenhauer. Carried by the needs for area "C". Mr. Rohert following vote: Dorothy also addressed the Coun- Yeas - Presiding Officer Pro cil indicating a first priority for Tem Moldenhauer, Councilmen area "B" on the north end of Ker- Pregler, Thoms. per Blvd. as to sewer, water and Nays-None. accessability to the area. Council- Absent - Mayor Bitter, Council- man Pregler moved that the Rec- man Justmann. reation Department, Park Depart- Communication of the Iowa State ment in conjunction with the Du- Highway Commission submitting buque Industrial Bureau be au- maps of the proposed corridor 10- thorized to develop a long-range cation of Freeway 520 in Delaware program for area "C" to meet both and Dubuque Counties and advis- Recreational and Industrial re- ing that a hearing will be held 2. That at said election on said proposition there were cast 9,580 ballots, of which 4,038 votes were cast "Yes," and 5,542 votes were cast "No" and 0 ballots were blank or defectively marked on said proposition. 3. That a record of the votes cast on said bond proposition at said electIon by precincts is here- by made as follows: ....clnct "Vn" "No" BI.nk 0' Tota' No. Defective Bal"" 1 166 221 0 387 2 107 121 0 228 3 165 182 0 347 4 244 259 0 503 5 127 154 0 281 6 125 148 0 273 7 127 109 0 238 8 157 156 0 313 9 96 114 0 210 10 140 179 0 319 11 183 248 0 429 12 169 239 0 408 13 207 336 0 543 14 185 202 0 387 15 189 200 0 389 16 168 247 0 415 17 281 342 0 633 18 142 244 0 386 19 168 357 0 525 20 114 224 0 338 21 132 246 0 378 22 113 261 0 374 23 168 260 0 428 24 202 241 0 443 25 125 217 0 342 49 3837075 4. That the votes cast in favor of said city hall bond proposition at said election were not equal to more than sixty per cent (60%) of the total votes cast for and against said proposition at said election, and not meeting the State of Iowa Constitutional requirement there- on, said proposition is hereby de. clared to have failed of adoption. 5. That the total number of per- sons voting at said election, shown by the election registers, was 9,560. This Election Report constitutes my official canvass of the results of said election on said proposi- tion. WITNESS my official aignature and the seal of said County hereto affixed at Dubuque, Iowa, this 12th day of November, 1973. Harold P. Meloy County Commissioner of Elections State of Iowa ¡ SS. Dubuque County J . Leroy L. Meyer Clerk of District Court Councilman Pregler moved that the report be received and made a matter of record. Seconded by Pre- siding Officer Pro Tem Molden- hauer. Carried by the following vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilman Pregler, Thoms. Nays-None. Absent - Mayor Bitter, Coun- cilman Justmann. November 30, 1973 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted Entrance examinations on September 26, 1973 for applicants to the Police Department. The following named applicant has passed both the written and physical examination and is here- by certIfied for appointment to the Police Department. Davis, William A. ................78% Gerard B. Noonan Chairman Marvin A. VanSickle Louis F. Fautsch Civil Service Commission 608 Regular Session, December 3, 1973 Regular Session, December 3, 1973 609 at Epworth on January 3. 1974 at 7 P.M. presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Presiding Of- ficer Pro Tem Moldenhauer. Car- ried by the following vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays-None. Absent - Mayor Bitter, Council- man Justmann. Printed Council proceedings for the months of June and July 1973, presented for approval. Council- man Pregler moved that the print- ed Council proceedings for the months of June and July 1973, be approved as printed. Seconded by Presiding Officer Pro Tem Mol- denhauer. Carried by the follow- ing vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays-None. Absent - Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays-None. Absent - Mayor Bitter, Council- man Justmann. ELECTION REPORT I, Harold P. Meloy, County Au- ditor of Dubuque County, Iowa, and as such County Commissioner of Elections of said County, do hereby find, detenuine and declare the following: 1. That the Judges and Clerks of the regular municipal election held in and for the City of Du- buque, Iowa, on November 6, 1973, have filed their returns with re- spect to the vote on the following proposition which was submitted to the voters of said City at said election, to-wit: Shall the City of Dubuque, Iowa, remodel the city hall in said City and contract in- debtedness for such purpose not exceeding $560,000 and issue bonds for such purpose not exceeding $560,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one and one-half mills per annum for the payment of such bonds and the interest thereon? and that said returns have been duly examined and verified. "'..: Subscribed and sworn to before me this day, the date last above written. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 30th day of November, 1973. Violet Savary Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Second- ed by Presiding Officer Pro Tem Moldenhauer. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays-None. Absent - Mayor Bitter, Council- man Justmann. November 30, 1973 To the Honorable Mayor and Members of the City Council. In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted Entrance Examinations on September 19, 1973, for applicants to the Fire Department. The following named applicants have passed both the written and physical examinations and are hereby certified for appointment to the Fire Department. Jones, Richard W. ................94% Gabriel, Michael E. ..............81 % Gerard B .Noonan Chainnan Marvin A. VanSIckle Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 30th day of November, 1973. Violet Savary Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Sec- onded by Presiding Officer Pro Tem Moldenhauer. Carried by the following vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays-None. Absent-Mayor Bitter, Council- man Justmann. Notice of claim of Betty J. Pea- cock, in tbe amount of $200, for personal property damage as the result of an arrest and shooting of Mr. Boge in her home at 2282 White Street, on October 19, 1973, presented and read. Councilman Pregler moved that the notice of claim be referred to the City At- torney for investigation and re- port. Seconded by Presiding Of- ficer Pro Tem Moldenhauer. Car- ried by the following vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays-None. Absent-Mayor Bitter, Council- man Justmann. November 23, 1973 Honorable Mayor and City Council re: Vincent Ambrosy You will recall that on the 12th day of April, 1973 a Sheriff's Jury awarded Mr. Vincent Ambrosy the sum of $27,000.00 for damages in the Eminent Domain Proceedings 610 lieu thereof to prohibit parking on the north side of Kane Street from Ken Court to Tina Ridge and on the south side from Tina Ridge to Chaney Road, said Ordinance having been previously presented and read at the Council meeting of November 26, 1973, presented for final adoption. Presiding Of- ficer Pro Tem Moldenhauer moved that the proposed Ordinance be set aside and not adopted. Second- ed by Councilman Pregler. Carried by the following vote: Presiding Officer Pro Tem Mol- denhauer, Councilmen Pregler, Thoms. Nays-None. Absent - Mayor Bitter, Coun- cilman Justmann. Commuuication of Donald F. Link et al obejcting to the pro. posed parking changes on Kane street, presented and read. Presid. ing Officer Pro Tem Moldenhauer moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays-None. Absent - Mayor Bitter, Coun. cilmen Justmann. Petition of John Faulhaber et al objecting to the proposed park- ing changes for the 1800 block of Kane Street and in lieu thereof suggesting either "No Student Parking" or no parking between the bours of 8 A.M. to 4 P.M. presented and read. Presiding Of. ficer Pro Tem Moldenhauer moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays-None. Absent - Mayor Bitter, Coun- cihnan Justmann. Petition of Donald F. Link et al requesting two hour parking from 7:30 A.M. to 3:30 P.M. Monday thru Friday on the south side of the 1900 block of Kane Street, presented and read. Presiding Of- ficer Pro Tem Moldenhauer moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Presiding officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Absent - Mayor Bitter, Coun- cilman Justmann. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend Zoning Or- dinance No. 3-34 to include the re- cently annexed described property in the Multiple Residence District Classification: Lot I of I of 1 of 3 of I of the Sub. of Lot 1 of 1 of 1 and Lot 2 of 1 of I of M. L. 324, Sec. 12, T. 89N R. 2E of the 5th P. M. in Dubuque County, and Lot of 1 of 1 of M. L. 323, and Lot 1 of I of 2 of M. L. 324; and Lot 94 in O'Neill's River View in Dubuque Twp. presented and read, MAYOR BITTER ENTERED THE COUNCIL CHAMBER AT 9:40 P.M. Petition of Duane R. Giesler et al objecting to the proposed rezon- ing request of Mr. Goerdt for the property bounded by Sheridan, Hogrefe and Peru Roads because it would destroy the serenity of the neighborhood, also that ade- quate access to the property could not be provided, and also would have a tendency to depreciate property values, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Bitter, Council. men Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. Mr. Duane Giesler and Deanna Cliff addressed the Council in sup- port of their petition. Mr. AI Lundh and attorney Dave Setter submitted a graphic sketch of buildings proposed for the area. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Absent - Councilman Juslmann. Regular Session, December 3, 1973 Regular Session, December 3, 1973 611 instituted by the City of Dubuque, Iowa for the Airport Commission to acquire an avigational easement as well as easement for removal of obstruction and subsequently thereto. Mr. Ambrosy appealed his case to the District Court of Du- buque County, Iowa. Thereafter, the City Attorney's office prepared and interposed the necessary defenses to said action and in the course of negotiations between Mr. Ambrosy and the City Attorney's office. Mr. Ambro. sy made an offer of settlement in the amount of $38,500.00 together with court costs. The City Attorney's office has examined this offer and has con. siedred all of the facets of it and recommends that said offer be accepted. Accordingly, it is the recom- mendation of the City Attorney's office that the offer of Vincent Ambrosy to settle his claim which is the subject matter of suit pend. ing in the District Court of Du. buque County, Iowa as Law No. 39880 should be accepted and that the City Auditor be instructed to draw a warrant payable to the Clerk of tbe District Court of Du- buque County, Iowa in said amount for and on account of said action same to be transmitted to Mr. Vin. cent Ambrosy upon filing of a duly executed Satisfaction of Judgment, and that the City Au- ditor be also instructed to draw warrant payable to the Clerk of District Court of Dubuque Coun- ty, Iowa in the amount of $18.75 in payment of costs of this action. Original petition of Vincent Am- brosy is hereto attached. R. N. Russo City ~ttorney Councilman Pregler moved that the commuuication be received and filed. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays-None. Absent-Mayor Bitter, Council- man Juslmann. AN ORDINANCE amending Traf- fic Ordinance No. 33-49 by repeal- ing subsection 105 Schedule VI and enacting a new section in EO' ORDINANCE NO. 54-73 An Ordinance Zoning and Clas- sifying recentIy annexed territory to the City of Dubuque, Iowa as a "Multiple Residence District" wihch real estate is hereinafter described, said Ordinance having been previously presented and read at the Council meeting of November 22, 1973, presented for final adoption. ORDINANCE NO. 54-73 AN ORDINANCE ZONING AND CLASSIFYING RECENT- LY ANNEXED TERRITORY TO THE CITY OF DUBUQUE, IOWA AS A "MULTIPLE RES- IDENCE DISTRICT" WInCH REAL ESTATE IS HEREIN- AFTER DESCRI8ED. WHEREAS, the real estate here- inafter described was recently an- nexed to, and became a part of the City of Dubuque, Iowa by Reso- lution No. 294-73 of the City Coun- cil passed, approved and adopted at its meeting of September 4, 1973, and which annexation was upon voluntary petition, and WHEREAS, the Planning and Zouing Commission of the City of Dubuque, Iowa has approved and recommended that said territory recentIy annexed and hereinafter described be zoned and classified as a "Multiple Residence District." NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" be and the same is hereby amended to include the following described property in the "Multiple ResIdence Dis- trict" classification: Lot 1 of Lot I of Lot I of Lot 3 of Lot I of tbe Subdivision of Lot 1 of Lot 1 of Lot I and Lot 2 of Lot 1 of Lot I of Mineral Lot 324, Section 12, Township 89 North, Range 2 East of the 5th Principal Meri- dian, in Dubuque County, Iowa according to the recorded plat thereof; and, Lot 1 of Lot I of Mineral Lot 323, and Lot I of Lot I of Lot 2 of Mineral Lot 324; and Lot 94 in O'Neill's River View in Dubuque Town- ship, Dubuque County, Iowa, according to the recorded plats thereof. Section 2. That the zoning clas- sification above described is made for the pUrPose of establishing on such real estate a Planned Unit 612 Regular Session, December 3, 1973 Development, and which Planned Unit Development plan shall be made pursuant to the provisions of Section 6 of Article IV of Or. dinance No. 3-34. Section 3. That the Building Commissioner of the City of Du- buque, Iowa is hereby ordered and directed that such building per- mits and certificates of occupancy for said property shall be limited only to such uses, structures and other installations as shall con- form to an approved Planned Uuit Development plan. Section 4. That said territory be and the same shall be in and be- come part of the First Voting Pre- cinct of Dubuque, Iowa. Passed, approved and adopted this 3rd day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 6th day of December, 1973. Leo F. Frommelt City Clerk It. 12-6 Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. Councilman Pregler recommend- ed that the name of Hogrefe street be changed and Mayor Bitter rec- ommended that the name of Uui- versity Avenue be changed to Jul- ien Avenue, and that the proposed changes be referred to the City Manager for investigation and reo port. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler. Nays-Councilman Thoms. Absent - Conncilman Justmann. Communication of Ass't City Manager Murray recommending and submitting an Ordinance for granting increase in cab fares af- ter a thorough search of the fi. nancial operation of the Cab Com- pany, presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Councilmen Moldenhauer, Pregler Thoms. Nays-None. Absent - Councilman Justmann. ORDINANCE NO. 55-73 An Ordinance Amending Ordi. nance No. 11-69 by repealing Section 2 thereof and enact- in a new Section 2 in lieu thereof to provide for the rate or fare to be paid by one pas- senger from sixty cents for the first quarter mile to sev- enty cents therefor and to pro- vide for rate or fare to be charged each passenger re- gardelSS of origin and regard- less of destination and to pro- vide a five dollars an hour waiting charge: and repealing Ordinance No. 43-72, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Bitter. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauser, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. ORDINANCE NO. 55-73 An ORDINANCE AMENDING ORDINANCE NO-l1-69 BY RE- PEALING SECTION 2 THERE- OF AND ENACTING A NEW SECTION 2 IN LIEU THERE- OF TO PROVIDE FOR THE RATE OR FARE TO BE PAID BY ONE PASSENGER FROM SIXTY CENTS FOR THE FIRST QUARTER MILE TO SEVENTY CENTS THERE- FOR AND TO PROVIDE FOR RATE OR FARE TO BE CHARGED EACH PASSEN- GER REGARDLESS OF ORI- GIN AND REGARDLESS OF DESTINATION AND TO PRO- VIDE FIVE DOLLARS AN Regular Session, December 3, 1973 613 HOUR WAITING CHARGE. AND REPEALING ORDI. NANCE NO. 43-72. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 2 of Or- dinance No. 11-69 be and the same is hereby repealed and that a new Section 2 be enacted in lieu there- of as follows: "Section 2. That Section 13 of Ordinance No. 33.57, as amend- ed by Ordinance No. 40-65 is hereby repealed and a new Section 13 enacted in lieu thereof as follows: "Section 13. The following are hereby fixed and estab- lished as the rates and charges for the transporta- tion of passengers by taxi. cabs within the City limits of the City of Dubuque, Iowa: a) One passenger: First PJ.) mile 70 ! Each additional (1-5) mile 10 ! b) Two or more passengers (not exceeding 5), same points of origin and destina- tion: First ('/4) mile 70 ! Each additional (1-5) mile IO ! Each extra passenger 10 ! c) Two or more passengers (not exceeding 5), same point of origin but different destinations: First passenger discharged pays one passenger rate. Meter will continue to op- erate-each succeeding pas- senger discharged will pay increase in total meter rate from metered rate of pre- vious passenger plus (IO !). Minimum charge in all cases will be (7O !). d) Various points of origin and destination: Each person shall pay met- ered rate except as outlined under (c) - same origin but different destinations. Minimum charge in all cases will be (70 !). e) Rstes include ordinary luggage. 1) Waiting charge begins immediately at ($5.00 per hour). g) When service is provid- er to more than (I) passen. ger on a trip, the driver shall request and receive the oral consent of original passenger before providing service to additional passen- gers. Section 2. That Ordinance No. 43-72 passed and adopted the 17th day of July, 1972, be and the same is hereby repealed. Passed, approved and adopted this 3rd day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 6th day of December 1973. Leo F. Frommelt City Clerk It. 12-6 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. Petition of National Foundation March of Dimes, Northeast Iowa Chapter, requesting permission to conduct the annual Mother's March door-to-door campaign during the month of January 1974, presented and read. Councilman Pregler moved approval of the petition subject to approval of the City Manager. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. Petition of Xavier Hospital re- questing the Council to consider priority under the TOPICS pro- gram for the renovation of Sheri- dan Road, Peru Road to Central Avenue, including the viaduct and 32nd street west to J.F.K. Road, presented and read. Coun- cilman Pregler moved that the petition be referred to the Man- ager and Engineer for investiga- tion and report. Seconded by Ma- 614 Regular Session, December 3, 1973 Regular Session, December 3, 1973 615 yor Bitter. Carried by the follow- ing vote: Ye_Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. Petition of MIke McCarthy re- questing vacation of a storm sewer easement to clear title to his prop- erty, evidently tbe present ease- emnt relative to the storm sewer is in error, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Engineering De- partmenL Seconded by Council- man Thoms. Carried .by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. Petition of Mrs. Carol McCaugh- ey requesting a refund of $50 on the unexpired portion of cigarette license No. 249, as she has dis- continued business on November 20, 1973, Conncilman Pregler moved that the petition be grant. ed and the Auditor instructed to issue proper warrant. Seconded by Councilman Tboms. Carried by the following vote: Ye_Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent-Councilman Justmann. Petition of Brammer's Super Valu requesting a refund of $50 on the unexpired portion of cig- arette license No. 223, as they have discontinued business on No- vember 17, 1973, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instrncted to issue proper warrant. Seeonded .by Councilman Thoms. Carried by .the following vote: Ye-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. Proof of Publication, certified to by the Publisher, of legal no- tice of bearing to consider author. jzation of the execution of pro- posed agreements with Investment Planning Inc. for the purchase of land in the Urban Renewal area, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Bitter. Carried by the follow- ing vote: Ye_Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. RESOLUTION NO. 381.73 Authorizing the Execution of a Contrect for Sole of Land for Private Redevelopment with Investment Planning, Inc. WHEREAS, pursuant to Resolu- tion No. 343-73 dated October 22, 1973 and a Notice of Public Hear- ing published in The Telegtaph- Herald, a newspaper of general circnlation in the City of Dubuque, Iowa, on October 30, 1973 and No- vember 6, 1973, City Council met on the 3rd day of December, 1973 at 7:30 o'clock P.M. Central Stand- ard Time, in the City Council Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of the interest of the City of Dubuque to Block 8 in Dubuque Downtown Plaza, also known as Disposition Parcel 7-4 of the Down- town Urban Renewal Project, Iowa R-15, to Inveslment Planning, Inc., and WHEREAS, pursuant to said res- olution a copy of the Redevelop- er's Statement for Public Disclos- ure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was placed on file in the office of the City Clerk for public inspec- tion; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said interest of the City of Dubuque in the above described real estate to Investment Planning, Inc.; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the Mayor and City Clerk be and they are here- by authorized to enter into a Con- tract for Sale of Land for Private Redevelopment in accordance with the tenns of the Disposition Docu- ments governing such sale with Investment Planning, Inc. for the real estate known as Block 8 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing I 5.463.29 square feet, subject to survey. SECTION 2. That said parcel of real estate shall be sold for $3.06 per square foot for a total price of $16,717.67 subject to final sur- vey of the land to be conveyed. Passed, approved and adopted lids 3rd day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen A'ITEST: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Ye_Mayor Bitter, Councilmen Pregler, Thoms. Nays---{;ouncilman Moldenhauer. Absent - Councilman Justmann. RESOLUTION NO. 382.73 WHEREAS, the executor of the Estate of Clarence O. Nesler, alk/a C. O. Nesler, deceased, has de- livered a Court Officer's Deed dated November 28, 1973 convey- ing to the City of Dubuque, Iowa, the following described real es- tate, to-wit: Lot 638 in the Town (now City) of Dubuque, Iowa accord- ing to the United States Com- missioner's Plat of the sur- vey thereof, together with all improvements thereon; and WHEREAS the delivery of said deed to the ahove entitled real estate should be accepted by the City of Dubuque. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SectIon 1. That the Court Offi- eer's Deed of the Executur of the Estate of Clarence O. Nesler, alk/a C. O. Nesler, deceased, dated November 28, 1973, conveying to the City of Dubuque, Iowa, the following described real estate: Lot 638 in the Town (now City) of Dubuque, Iowa, ac- cording to the United States Commissioner's Plat of the survey thereof, together with all improvements thereon be and the same is hereby accept- ed. Section 2. That the City Clerk be and he is hereby authorized and directed to record said Deed in the office of the Dubuque County Recorder. Passed, approved and adopted this 3rd day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Ye_Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. Commuuication of Low Rent Housing Commission submitting a resolution for consideration on the current status of the proposed downtown housing project for Ecumeuical Housing Inc., present- ed and read. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Conncilman Justmann. RESOLUTION NO. 1.73 ENDORSING ECUMENICAL HOUSING, INC'S. PROPOSED HOUSING PROJECT FOR THE ELDERLY AND HANOI. CAPPED WHEREAS, under dates of Jan- uary 18, 1972 and December 19, 1972, the Dubuque Low-Rent Hous- ing Commission adopted appropri- ate motions to record their sup- port and endorsement of the pro- posed downtown housing project to be sponsored by Ecumenical Housing, Inc.; and WHEREAS, the project has been recently released by the Federal Housing Administration as an ex- ception project from the national moratorium status imposed on sub- sidized housing programs; and WHEREAS, the Dubuque Low- Rent Housing Commission deems ~ 616 Regular Session, December 3, 1973 that the project is in the best in- authorized to proceed with tbe terest of the residents of the City purchase and or sale of the land of Dubuque; now therefore to Ecumenical Housing within fif- BE IT RESOLVED BY THE DU. teen days. Seconded by Council- BUQUE LOW-RENT HOUSING man Thoms. Carried by the follow- COMMISSION: ing vote: SECTION 1. That the Dubuque Yeas-Mayor Bitter, Councilmen Low-Rent Housing Commission re- Moldenhauer, Pregler, Thoms. confirms that the project meets Nays-None. certsin unmet housing needs of Absent-Councilman Justmann. low-income elderly and handi- To the Honorable Mayor capped people not presently avail- and City Council able elsewhere in the community. This is to advise you that tbe SECTION 2. That tbe Dubuque City of Dubuque 1973 Asphalt Pav- Low-Rent Housing Commission re- ing Project No.1, except Univer- emphasizes its total support of the sity Avenue has been completed downtown housing project pro- in accordance with the c City of posed to be constructed by Ecu- Dubuque plans and specifications. menical Housing, Inc. I, therefore, recommend the ac- SECTION 3. That the Dubuque ceptance of the above named proj- Low-Rent Housing Commission ect. . strongly recommends that the City Gil~ D. Chavenelle Council of the City of Dnbuque City Manager take whatever measures are appro- Councilman Thoms moved that priate to assist in the implementa- the commuuication be received tion of the project as proposed by and filed. Seconded' by Council- Ecumenical Housing, Inc. man Moldenhauer. Carried by the Passed, approved and adopted following vote: this 29th day of November, 1973. Yeas-Mayor Bitter, Councilmen ATTEST: Moldenhauer, Pregler, Thoms. Gent M. Wittenberg Nays-None. Secretary Absent - Councilman Justmann. Re~=,=obert P. Odden FINAL ESTIMATE . Resolution No. 383-73 Councllm~n Pregler m?ved that WHEREAS, the contract for the the resolul1on be receIved and City of Dubuque 1973 Asphalt Pav- made a matt~r of record. Seconded ing Project No. I, except Univer- by M~yor BI~r. Camed by the sity Avenue has been completed folloWIng vote. . and the City Engineer has sub. Yeas-Mayor Bitter, Councilmen mitted his final estimate showing Pregler, Thom~. the cost thereof including the cost Nays-Councllm~n Moldenhauer. of estimates, notices, inspection. Absent - Councilman Justmann. and preparing the assessment and Commnnication of Urban Renew- plat now therefore a! ,Director Gent Wit~nberg, ad- BE IT RESOLvÈD, by the City VIsmg that representatives of Ecu- Council of the City of Dubuque menical Housing Inc. will be at the That the cost of said impro~e- meeting of December 3, 1973 to ment is hereby detenuined to be discuss the current status of the $235 268.64. project and indicate their readi. That $30,842.67 of the cost there. ness to execute a contract and take of shall be assessable upon private titIe to the la.nd, and reques~ property and $204,425.97 shall be that they be gIven an opportumty paid from the 4,232.11 89-8104- to be heard, presented and read. 2451-00 Floodwall, 195,774.10 R.U.T. Councilman Pregler moved that Fund 4419.7641-3021-2436-00 Rev. the commuuication be received enue 'Share. and filed. Seconded by M~yor Bit. Passed, adopted and approved ter. Carried by the folloWIng vote: this 3rd day of December 1973 Yeas-Mayor Bitter, Councilmen Joseph J. Bitter' Moldenhauer, Pregler, Thoms. Mayor Nays-None. Walter A. Pregler Absent - Councilman Justmann. Allan T. Thoms Councilman Pregler moved that Wayne A. Moldenhauer the Director of Urban Renewal be Councilmen '%~ Regular Session, December 3, 1973 617 Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler. Thoms. Nays-None. Absent - Councilman Justmann. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 384-73 WHEREAS, the contract for the CITY OF DUBUQUE 1973 AS- PHALTIC PAVING PROJECT NO. I; EXCEPT UNIVERSITY AVE- NUE FROM THE W.P.L. OF Mc- CORMICK STREET TO THE E.P.L. OF GILLIAM STREET on the fol- lowing named streets: 1. Algona Street-from the N.P. L. of Loras Blvd. to the S.P.L. of Dexter Street. 2. AtIantic Street-from the N. P.L. of Loras Blvd. to the N.P.L. of Dexter Street. 3. Auburn Street-from the N. P.L. of Loras Blvd. to the S.P.L. of Dexter Street. 4. Boyer Street-from the E.P.L. of No. Gr.andview Avenue to the W.P.L. of Andrew Court. 5. Gordon Drive-from the S.P. L. of Kaufmann Avenue to the N. P.L. of Theda Drive. 6. Grandview Avenue-from the N.P.L. of Loras Blvd. to the N.P.L. of Dexter Street. 7. Kaufmann Avenue-from W. P.L. of Carter Road to the W.P.L. of Gordon Drive. 8. Key Knolls Subdivision a. Phyllrich Drive-from the N. P.L. of Keymont Drive to the N.P.L. of Lot 6 Block 10. b. Norland Drive-from the N. P.L. of Keymont Drive to the N.P.L. of Lot 6 Block 11. c. Hansel Drive-from the N.P.L. of Keymont Drive to the N.P.L. of Lot 6 of Block 9. d. Vizaleea Drive from the N.P.L. of Keymont Drive to the N.P.L. of Lot 5 of Block 8. 9. Locust Street from the N.P.L. of 9th Street to the S.P.L. of Loras Blvd. 10. Sunset Pàrk Subdivision No.1: a. Dove Street from the E.P.L. of Ronson Road to the W.P.L. of Meggan Street. b. Waller Street from the E.P.L. of Bonson Road to the N.P.L. of Lot 15 of Block 8. II. Edwards Street from the W. P.L. of Windsor Avenue to the E. P.L. of Queen Street. 12. Century Drive--Guard Rail. 13. Grandview Avenue and Uui- versity Avenue Intersection. 14. Overview Court from the W. P.L. of Grandview Avenue to the west end of the Street. 15. Bicycle Path from 16th Street to Shiras on the Floodwall. Has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con. tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 3rd day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk 618 Regular Session, December 3, 1973 Regular Session, December 3, 1973 619 Councilman Thoms moved adop- tion of the resolution. Seeonded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. RESOLUTION NO. 385.73 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa be granted a penult to sell Cigarettes and Cigarette Papers within said City. Coletta Potter, dba Aragon Tap, 1103 Iowa Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 3rd day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhaner Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen NOW THEBEFORE BE IT lIE- SOLVED hy the City Council of the City of Duhuque, Iowa, that the following applicatIons be ap- porved and licenses issued upon the compliance with the provi- sions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS "C" (COMMERCIAL) BEER.LlQUOR LICENSE Shirley Mihilakis, dba AIrport Inn, 574 East 16th Street Richard J. Hantelmann, dba Broth- ers Three, 902 Main Street Coletta Potter, dba Aragon Tap, 1103 Iowa Street Passed, adopted and approved this 3rd day of December 1973. Joseph J. Bitter MaJOr Walter A. Pregler Allan T. Thoma Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. RESOLUTION NO. 387.73 WHEREAS, applicatIons for Beer penults were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to ,be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEBEFORE BE IT lIE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follow. ing named applicants a Beer per- mit. CLASS "C" BEER PERMIT Earl John Tegeler, dba Milk House, 2311 Windsor I Osco Drug, Inc., dba 0800 Drug I Store, 703 Main Street I Passed, adopted and approved . this 3rd day of December 1973. , Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas--Mayor Bitter, Councilmen Moldenhauer, Preiler, Thoms. Nays-No"",, Absent-Councilman Justmann. RESOLUTION NO. 389-73 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have receiwd the approval of this Council, and WHEREAS, the premisea to be occupied by such applicants were inapected and found to comply with the State Law and all CitN Ordinances relevant thereto and ' they have filed proper bonds, I NOW THEREFORE BE IT lIE- SOLVED by the City Council of Dubuque, Iowa, that the MSIIager be authorized to eause to be ¡,.. sued to the following named ap- plicants a LIquor License. CLASS "cn (COMMERCIAL) IEER.LIQUOR LICENSE Shirley Mihilakis, dba Airport 1m>, 574 East 16th St. Richard J. Hantelmann, dba Broth- ers Three, 902 Main Street Coletta Potter, dba Ara¡on Tap, 1103 Iowa Street Passed, adopted and approved this 3rt! day of December 19'/3. RESOLUTION NO. 386-73 WHEREAS, applications for Beer pennits have 'been submitted to this Council for approval and the . same have been examined; i Attest: NOW THEBEFORE BE IT lIE-: Leo F. Frommelt SOLVED by the City Council of City Clerk the City of Dubuque, Iowa, that Councilman Moldenhauer moved the following applications be adoptinn of the resolution. Second- granted and permits issued upon edby Councilman Pregler. Carried the compliance with the terms of by the following vote: the ordinances of the City. Yeas - Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. CLASS "c" BEER PERMITS Nays-None. Earl John Tegeler, dha Milk House, Absent - Councilman Justmsnn. 2311 Windsor RESOLUTION NO. 388-73 0800 Drug, In,,:, dha Osco Drug WHEREAS, applications for Liq- Store, 703 MaIn St. uor Licenses have been submitted Passed, adopted and approved to this Council for approval and this 3rd day of December 1973. the same have been examined, "':;.- Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt CIty Clerk Councilman Moldenhauer moved adoption of the resolution. Second. ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor BItter, Councilmen Moldenhauer, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. There being no further businesa Councilman Pregler moved to ad. journ. Seconded by Mayor BItter. Carried by the following v<>te: Yeas-Mayor BItter, CounciImeD Moldenhauer, Pregler, Thoma. Nayll-None. Absent - Councilman Justmann. Leo F. Frommelt CIty Clerk Approved """"""""""""""""" 1874. Adopted """""""""""""""""" 19'/4. ...............-....-....-......--....-----.-..--..-..-. -'-'-'-'-"'..-..,.......--..-....-....-......-......-...-.... -.-.........---..-.-..-..-...............-................ .---.---..-.---.-..--...-..-.--- "'..-...... """"""""""""""-ëoïïñëïimen """- 620 Special Session, December 14, 1973 Special Session, December 14, 1973 CITY COUNCIL OFFICIAL Special Session, December 14, 1973. Council met at 4:30 P.M. (C.S.T.) Present - Mayor Biller, Coun. cllmen Justmann, Moklenhauer, Pregler, Thoms. City Manager Gil. bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purPose of CON. DUCTING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE POLLUTION CONTROL REVE. NUE BONDS (INTERSTATE POW. ER COMPANY PROJECT) SERIES 1973 IN THE PRINCIPAL AMOUNT' OF $4,400.000 and act- ing upon such other. business as may properly come' before a reg- ular meeting of the Council. Proof of Publication, certified to by the publisher, of Notice of Intention to issue pollution con- trol revnue bonds (Interstate Pow- er Company project) Series 1973, in the amount of $4,400,000, pre- sented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the record show that no written or oral objections were received relative to the issuance of pollu- tion control revenue bonds for In- terstate power Co. Seconded by Councilman Thoms. Carried by the followmg vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 390.73 RESOLUTION authorizing the Issuance of $4,400,000 Poll.... tion Control Revenue Bonds (Interstate power Company Project), Series 1973, of the City of Dubuque, Iowa, for the purpose of defraying the cost of acquiring an easement and acquiring, Improving and Series 1973 Bonds be and the same the Underwriters from including are hereby authorized and ordered such information in said Appen- to be issued pursuant to an In- dix pursuant to authorization denture of Trust in substantially from the Company. the form attached hereto as Ex- , ~ hlbit A and containing substan- Section 6. That the Mayor snd tially the terms and provisions set City Clerk are bereby authorized forth therein, and the Mayor and and directed to execute any and the City Clerk are hereby author- all documents and do any and all ized and directed to execute and things deemed necessary in order to effect the accomplishment of the Project, the issuance and sale of the Series 1973 Bonds and the deliver said Indenture of TrusL execution and delivery of the Equipment Lease, the Sublease Agreement and the Indenture of Trust, and to carry out the intent and purposes of this resolution, including without limitation the execution of the necessary docu- ment or documents for the ac- quisition of the easement referred to in the preamble hereof. Section 7. That the provisions of this resolution are hereby de- clared to be separable snd If any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remain- der of the sections, phrases snd provisions. equipping pollution control fa. cillties 'thereon; the execution and delivery of an Indenture of Trust to secure said Bonds; the execution and delivery of an Equipment Lease between said Company, as lessor, and said City, as lessee; the execu- tion end delivery of a Sub- lease Agreement between seid City, as sublessor, and said Compeny, as sublessee; the sale of said Bonds; and related matters. WHEREAS the City of Dubuque, in the County of Dubuque, State of Iowa (the "City"), proposes to acquire a leasehold interest in cer- tain structures, equipment, 00- provements and other facilities useful for the purpose of reduc- ing, preventing and eliminating pollution of the air in and near the City and an easement in con- nection therewith (the "Project"), to sublease the Project to Inter- state Power Company, a Delaware corporation (the "Company"), to be used to reduce, prevent and eliminate air pollution in and near the City, and to issue Pollution Control Revenue Bonds (Interstate Power Company Project), Series 1973, in the principal amount of $4,400,000 (the "Series 1973 Bonds"), to finance the cost of the Project, all in accordance with the provisions of Chapter 419 of the Code of Iowa, 1973, as amended (the "Act"); and WHEREAS pursuant to pub- lished notice of intention this City Council has conducted a public hearing, as required by Section 419.9 Of the Act, and this City Council deems it necessary and advisable to proceed with the proj- ect and the issusnce of the Series 1973 Bonds; and WHEREAS the City has arranged for the sale of the Bonds to Blyth Eastman Dillon & Co. Incorporat- ed and Carleton D. Beh Co., joint- ly; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That, in order to 'fi- nance the cost of the Project, the Section 2. That the City acquire a leasehold interest in the Project pursusnt to an Equipment Lease, in substantially the form attached hereto as Exhibit B and contain- ing substantially the terms and provisions set forth therein, and the Mayor and the City Clerk are hereby authorized snd directed to execute and deliver said Equip- ment Lease. Section 3. That the City sub- lease the Project to the Company pursuant to a Sublease Agreement, in substantially the form attached hereto as Exhibit C and containing substantially the terms and provi- sions set forth therein, and the Mayor and the City Clerk are here- by authorized and directed to ex- ecute and deliver said Sublease Agreement. Section 4. That the sale of the Bonds to Blyth Eastman Dillon & Co. Incorporated and Carleton D. Beh Co., jointly (the "Underwrit- ers"), pursuant to a Bond Purchase Agreement, in substantially the form attached hereto as "Exhibit D and containing substantIally the terms and provisions set forth therein, is hereby authorized, ap- proved and confirmed, and the Mayor and the City Clerk are here- by authorized snd directed to ex- ecute and deliver said Bond Pur- chase Agreement. Section 5. That the Preliminary Official Statement dated Novem- ber 29, 1973, and the final Offi- cial Statement dated December 14, 1973, be and the same are hereby authorized, and the Mayor is au- thorizedand directed to execute said Official Statement; provided that this authorization does not apply to the information with re- spect to the Company contained in the Appendix to said Official Statement, but nothing herein shall be construed as prohibiting Section 8. That this resolution shall become effective immediately upon its passage and approval. Passed and approved December 14, 1973. Joseph J. Bitter Mayor Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car. ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. There being no further business Councilman Justmann moved tu adjourn. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Leo F. Frommelt City Clerk 621 622 Special Session, December 14, 1975 623 Special Session, December 17, 1973 Approved """"""""""""""""" 1974. CITY COUNCIL Adopted .................-............... 11174. are not in favor of retaining the building for use as a City Hall, they are not in favor <)f retaining OFFICIAL the building for use as a City Hall . for another hundred years, and S""cial SessIon, Decamber 17, requesting appointment of a com- 1973. mittee to investigate relocation, Council met at 7:30 P.M. (C.S.T.) presented and read. Councilman Present-Mayor Bitter, Council. Pregler moved that the communi- man Justmann, Moldenhauer, Preg. cation be referred to the Council. lor, Thoms. City Manager Gilbert Seconded by Couucilman Justmann. D. Chavenella. Carried by the following vote: Mayor Bitter read the call and Yeas-Mayor Bitter, Councilmen stated that service thereof had Justmann, Moldenhauer, Pregler, been duly made and this meeting Thoms. is ealled for the purpose of CON. Nays-None. DUCTING A PUBLIC HEARING December 11, 1973 ON THE PROPOSED LEVY OF To the Honorable Mayor SPECIAL ASSESSMENT AND IN. and City Council TENTION OF THE CITY COUNCIL Attached is a letter received TO ISSUE BONDS TO PAY FOR from James H. Collins about his ASSESSED COST OF CITY OF DU. reslgn.ation from tbe Dubuque Hu- 8UQUE 1973 CONCRETE PAVING man Rights Commission. WITH INTEGRAL CURB PROJ- A replacement for Mr. Collins ECT NO. I GRANDVIEW AVE. should be appointed by the Mayor NUE FROM WHELAN STREET with the advice and consent of the TO DELHI STREET, and acting Council for the unexpired term upon such other business as may endIng January 1, 1976. properly come before a regular Gil~rt D. ChaveneUe meeting of the Council CIty Manager ..' Councilman Pregler moved that Co~mumcation .of Low .R~nt the resignation of Mr. Collins be H?uSIng Com,?,sslOn. subrmtling accepted with regret. Seconded by mInUtes of thell' meetIngs of No- Councilman Justmann. Carried by vember 20th and 29th: presented the following vote: for the record. Council~an Just- Yeas-Mayor Bitter, Councilmen ma~ moved that the mInutes be Justmann Moldenhauer Pregler receIVed and filed. Seconded by Thoms' " Councilm,,!, Pre~er. Carried by Nay~None. the folloWIng vot~. . Commuuication of Dubuque Life Yeas-Mayor BItter, Councilmen Insurance Co. showing an interest Justmann, Moldenhauer, Pregler, in the purchase of city owned Thoms. property at Delhi""" Forest Lana Nays-None. and University Avenue to ba used Communication of Mayor's In. in connection with the possible dustrial Committee submitting ap. purchase of Brammer property plication for purchase of land presented and read. ' from American Optical Co., ap. Councilman Pregler moved that prox. 200'x25' in Block 5 of Riv. the rules be suspended in order to erfront Sub. No.3 in the amount let anyone present address the of $10,890, presented and read Council if they so desire. Second- Councilman Pregler moved that ed by Councilman Moldenhauer. the communication be received Carried by the following vote: and filed and referred for proper Yeas-Mayor Bitter Councilmen p~ceedings. Seconded by Maror Justmann, Moldenha~er, Pregler, Bltter. Carried by the followIng Thoms. vote: . . Nays-None. Yeas - Mayor Bltter, Council. Mr. James Kisling addressed the men Justmann, Moldenhauer, Preg- Council, as a representative of the ler, Thoms. Dubuque Life Insurance Co. by Nays-None. stating that they are interested in Communication of Dubuque Fed- the purchase of the Branuner prop. eratIon of Labor that even though erty for use as a home office, and they were opposed to the propos!. the parking lot setup would stay lion of renovating City Hall they as it is. ..........................................................., """"""""""""""""............................ ","'..................................".................. ...........................................................~ """""""""""""""""""""",.""""""" Councilmen Attest: """"'ëiï;'ëi~~¡;""""""""""'" 624 Special Session, December 17, 1973 Special Session, December 17, 1973 625 December 7, 1973 Honorable Mayor and City Council On September 21, 1973, Giese Sheet Metal Company filed a No- tice of Filing of Mechauic's Lien against the Pillsbury Company and copy of which was served on the City Clerk and thereafier same was transmitted to this office for action. Kindly be advised that said claimant on December 6, 1973 filed a Release of Mechauic's Lien in this instance, and accordingly, this matter should now be consid. ered closed. Copy of Mechanic's Lien traru¡. mitted to City Attorney and Re- lease of Mechanic's Lien is here- with transmitted. IL N. Russo City Attorney Councilman Moldenhauer moved that the communication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. and accordingly, it is the recom- mendation of the City Attorney's office that the claim of Gene P. Zumhof be denied. Original claim is returned here- with. Councilman Pregler moved that the communication of Dubuque Life Insurance Co. be referred to the Manager and staff for investi- gation and report. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Peoples Nat- ural Gas Co. submitting an out- line of their delivery priorities and their estimate and the season's peak gas supply as requested by Mayor Bitter, presented and read. Councilman Pregler moved that the commuuication be. received and filed and referred to the Chairman of the Energy Commis- sion. Seconded by Councilman Mol- denhauer. Carried by the follow- ing vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Preg- ler, Thoms. Nays-None. Communication of Peoples Nat- ural Gas initiating a rate increase of 6.4711 per thousand cubic feet ~~e ~s~fta:,~ ~~;'::s <;:',s~~~rspu~~ December 5, 1973 chased cost of gas, presented and H.onorable !dayor and read. Councilman Pregler moved CIty Council that the communication be re- On November 15, 1973, Gene P. ferred to the City Attorney to Zumhof of 1490 Kaufman Avenue put them on notice of strict proof. filed claim against the City of Seconded by Councilman Molden- Dubuque in the amount of $36.46 hauer. Carried by the following alleging same constituted damages vote: which was suffered to his motor Yeas-Mayor Bitter Councilmen vehicle on or about October 25, Justmann Moldenha';er Pregler 1973 as the result of striking a Thoms' " protruding knob on a fireplug 10- Nay~None. ~~~~ ~~mt~:œc;f.~~t1'n ~~N; .Communicatio.n . of Iowa :State of Dubuque, Iowa and said claim Highway ComnusslOn submlttmg a further alleges that the fireplug copy of Iowa's approved action knob protrudes beyond the curb- plan in developing a project on the line Primary Road System, city con- I 'have made an investigation of tacts, outlines process which cities this matter and have conferred should follow to utilize Federal with Mr. Joseph Hail who actually aid funds, presented and read. measured the dimensions of the Councilman Moldenhauer moved fireplug in question and in accord- that the communication be re- ance with his report that the hy- ferred to the Manager and staff. drant cap is five inches back from Seconded by Councilman Just- the face of the curb and there- mann. Carried by the following fore there is no protrudance be- vote: yond the face of the curb existing Yeas-Mayor Bitter, Councilmen at this location. Justmann, Moldenhauer, Pregler, Accordingly, there appears to be Thoms. no actionable negligence on the Nays-None. part of the City of Dubuque, Iowa R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of Robert L. Fuhrman, in the amount of $300, for damage incurred as the result of a backed-up sauitary sewer at 2245 Carter Road on December 4, 1973, presented and read. Council- man Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of Charles Lang, in an undetenuined amount, for personal injuries received, also car damages, as the result of being struck by a city-owned bus, at or near Loras & Nowata street on October 22, 1973, presented and read. Councilman Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of Mark P. Ang- lin, in the amount of $26.75, for personal property damage in- curred as the result of a rubbish truck striking a post located in the front of his property at 1910 St. Anne Court, on September 10, 1973, presented and read. Council. man Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thoms. Carried by the following vote: Yea¡¡......Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of Robert Yogi, in the amount of $192.55, for per- sonal injuries received as the re- sult of driving into a wire fence in Foye street on November 20, 1973, presented and read. Council- man Moidenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer, Preg- ler, Thoms. Nays-None. Notice of claim of Kenneth J. Moran, in the approx. amount of $100, for car damage incurred as the result of a broken tree limb falling on his car while parked at 5th & Bluff Street on December 4, 1973, presented and read. Coun- cilman Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ORDINANCE NO. S6-73 An Ordinance Amending Or. dinace No. 37-65 kno- as "The Street Parking Meter Or. dinance of Dubuque, loma" by enacting a new Subsection 6.1.11 of Section 6.1 Parking Meter District A to limit park. ing to 60 minutes at anyone time on Thirteenth; Street, both sides between Central Avenue and Iowa Street, pre- sented and read. Councilman Moldenhauer moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. I Nays-None. Councilman Moldenhauer moved that the rule requtring an Ordi- nance to be read on three separate days be waived. Seconded by 626 Special Session, December 17, 1973 Special Session, December 17, 1973 fE/ Councilman Pregler. Carried by ! the following vote: I Yeas-Mayor Bitter, Councilmen I' Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ORDINANCE NO. 56-73 An Ordinance Amending Ordi. nance No. 37-65 known as "The Street Parking Meter Ordi. nance of Dubuque, Iowa" by enacting a new subsecHon 6.1.11 of Section 6.1 Parking Meter District A to limit park. Ing to 60 minutes at anyone time on Thirteenth Street, both sides between Central Avenue and Iowa Street. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Ordinance No. 37-65 known as "The Street Park- ing Meter Ordinance of Dubuque, Iowa" be and the same is hereby amended by enacting a new Sub- section 6.1.11 of Section 6.1 Park- ing Meter District A as follows: "6.1 PARKING METER DIS- TRICT A 6.1.11 Thirteenth Street, both sides between Central Avenue and Iowa Street." Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt CIty Clerk Published officially in the Tele- graph Herald Newspaper this 20th day of December, 1973. Leo F. Frommelt City Clerk It. 12-20 Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ,,",~ . ORDINANCE NO. 57-73 An Ordinance Amending Ordi- nance No. 37-65 kn_n as "The Street Parking Meter Or. nonce of Dubuque, I_au by repealing Subsection 6.2.15 of Section 6.2 Parking Meter Dis- trict Band enacHng a new Subsection 6.2.15 of Section 6.2 Parking Meter District B in lieu thereof to limit park. ing to 120 minutes at anyone time on Thirteenth Street, both sides from Iowa Street to Main Street, presented and read. Councilman Moldenhauer moved tbat the reading just had be con- sidered the first reading of tbe Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Moldenhauer moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann. Moldenhauer, Preg- ler, Thoms. Nays-None. ORDINANCE NO. 57.73 An Ordinance amending Ordi- nance No. 37-65 known as "The Street Parking Meter Ordinance of Dubuque, Iowa" by repealing Subsection 6.2.15 of Section 6.2 Parking Meter District B and enacting a new Subsection 6.2.15 of SecHon 6.2 Parking Meter District B In lieu thereof to limit park. ing to 120 minutes at anyone Hme on Thirteenth Street, both aides from Iowa Street to Main Street. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: section 6.2.15 of Section 6.2 Park- ing Meter District B in lieu there- of as follows: "8.2 PARKING METER DIS- TRICT B. 6.2.15 Thirteenth Street, both sides between Iowa Street and Main Street." Passed, approved and adopted this 11th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald newspaper this 20th day of December 1973. Leo F. Frommelt City Clerk Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilman Justmann, Moldenhauer, Pregler, Thoms. Nays-None. December 13, 1973 To the Honorable Mayor and City Council I offer for your consideration a proposed Ordinance for Regulating Ambulance Service and a revision of Ordinance 5U9 Establishing Rates and Charges for City Ambu. lance Service. Included in this package are studies and surveys that will assist you in understand- ing our service and evaluating our recommendations. The section "Exemptions for Ex- isting Services" is recommended to sllow those existing services to continue, if tbey so desire, under the timetable proposed by HF 653. These standards would be adopted by the Health Officer under Sec- tion 8, subsection (e). The fee schedule in revised Or- dinance 52-89 is based on the De- cember first survey of ambulance services in Iowa cities over 30,000, and the anticipated operatIng costs of our service in 1974. Gilbert D. ChaveneUe City Manager Councilman Pregler moved that the communication be received Section I. That Ordinance No. 37-65 known as "The Street Park- ing Meter Ordinance of Dubuque, Iowa" be and the same is hereby amended by repealing SubsectIon 6.2.15 of Section 6.2 Parking Meter District 8 and enacting a new Sub- and filed. Seconded by Councilman Moldenhauer. Carried by the fol. lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. AN ORDINANCE Regulating Ambulnsce Service in the CIty of Dubuque, Iowa was presented and read. Councilman Pregler moved that the Ordinance be referred to the City Manager and Staff for a re- write to conform with State and Local laws. Sec(>nded by Council- man Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Juslmann. Moldenhauer, Pregler, Thoms. Nays-None. AN ORDINANCE Fixing and es- tablishing rates and charges for City Ambulance service and re- pealing Ordinance No. 5U9, pre- sented and read. Councilman Preg- ler moved that the Ordinance be referred to the City Manager and staff for a rewrite to conform with State and local laws. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ORDINANCE NO. 58-73 An Ordinance emending Ordi- nance No. 7-65 by repeeling Section 2 (d) thereof and en. acting a new Section 2 (d) In lieu thereof Fixing and Estab- lishing Dog License F_, Presented and read Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 628 Special Session, December 17, 1973 Special Session, December 17, 1973 ORDINANCE NO. 58-73 An Ordinance amending Ordi- nance No. 7-6S by repealing Section 2 (d) thereof end en. ecting A new Section 2 (d) in lieu thereof Fixing and Estab- lishing Dog License Fees. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 7-65 be amended by repealing Sec- tion 2 (d) thereof and enacting a new Section 2 (d) in lieu thereof as follows: "Section 2. (d) Three Dollars ($3.00) for each male dog; Three Dollars ($3.00) for each spayed female dog; Six Dollars ($6.00) for each female dog not spayed." Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 20th day of December, 1973. Leo F. Frommelt City Clerk It. 12-20 Councilman Pregler moved fin- al adoption of the Ordinance. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Linda Turner re- questing penulssion to address the Council making inquiry as to what the Council will do to rectify the present process against minorities and women in City employment, presented and read. Linda Turner addressed the Council in behalf of her petition requesting an affirmative action program, and if not what plans are in future, and. further what role will the City play in any pro- gram. COuncilman Justmann moved that the petition be referred to the Personnel department. Second. ed by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Gordon Kaiser et al, requesting "No Parking" regula- tions along Sunset Park Circle at Kennedy Road, as the result of ice conditions during the winter months, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the City Man- ager and Traffic Department for investigation and report. Second- ed by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of County Board of Su- pervisors submitting a petition for suspension of taxes for Bernard W. Mihm, for 1971 and 1972 on the W. 130' of Lot 48 in Cox Addn., presented and read. Councilman Pregler moved approval of the petition and authorized the Clerk to sign the petition. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Playground and Rec- reation Commission requesting a meeting with the City Council on Wednesday December 19th, either at 4:00 or 7:30 P.M. to discuss fur- ther information concerning the ice skating rink-swimming pool proposal, presented and read. Councilman Moldenhauer moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Joseph Rauch et al, residents in the area of Brammer's store at 1306 Delhi Street, request- ing that the area be retained as a type "A" Business District Zon- ing classification, presented and read. Councilman Thoms moved that. the petition be referred to the City Manager and Planning & Zoning Commission. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Lou Gore requesting a refund of $50 on the unexpired portion of cigarette license No. 110, as he has discontinued busi- ness on 12-1-73, presented and read. Mayor Bitter moved that the refund be granted and the Audi- tor instructed to issue proper war- rant. Seconded by Councilman Pregler. Carried by the following vote: Yeas---:Mayor Bitter, Councilmel¡ Justmann, Moldenhauer, Pregler, Thoms. NaY8-'-None. Petition of. Gerald E. Miller Jr. requesting a refund of $50 on the unexpired portion of cigarette li- cense No. 166, as he has discon- tinued business on 12-0-73, present- ed and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Clara Johnson re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 228, as she has discon- tinued business on 12-3-73, pre- sented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Beconded by Councilman Pregler. Carried by the following vote: Yea8-'-Mayor Bitter, Councilmen Juslmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Ramona Fettgather requesting a refund of $50 on the unexpired portion of cigarette li- cense No.7, as she has discontin- ued business on 12-6-73, presented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of I;yle Whalen re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 149; as he has discon- tinued business on 12-1-73, pre- sented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen J\1s!niarin, . Moldenhauer, Pregler, Thoms. NaY8-'-None. Petition of Thompson's #12 re- questing a refund of $50 on the unexpired portion of cigarette ll, c.ense No. 167, as they have dis- continued. business on 12-12-73, presented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to ~ sue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Conncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Thompson's #12 re- questing a refund of $18.75 on the unexpired portion of Class C Beer penult No. C-1191, as they have discontinued business on 12-12-73, presented and read. Ma- yor Bitter moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 391-73 WHEREAS, on December I, 1972, the City of Dubuque and Marjorie D. Reed entered into an Option Agreement for the sale by Mar- jorie D. Reed and the purchase by the City of Dubuque of the fol- lowing described property: Lots 2 and 3 of the subdlvi. sion of Northeast Quarter of Southeast Quarter, Section 1, 629 630 Special Session, December 17, 1973 Special Session, DecembeT 17, 1973 631 Township 88, North Range 2 East of 5th P.M. and Lots 2 and 3 of the subdivi- sion of the Northwest Quarter of Southwest Quarter; and Lots 2 and 3 of the subdivi- sion of the Northeast Quarter of Southwest Quarter; and Lot 2 of the subdivision of Lot 1 of the Southwest Quar. ter of southwest quarter, all in Section 6, Township 88, North Range 3 East of the 5th P.M.; and; WHEREAS, said real estate is being purchased by the City of Dubuque, Iowa pursuant to and in accordance with the Federal Real Estate . Property Acquisition Act, PL 9HI48 and its smendments, and the agreed purchase price there- for is the sum of $28,000.00 upon which a down payment has here- tufore been made in the amount of $2800.00; and WHEREAS, the City Council of the City of Dubuque, Iowa does now ~determine and find that said option to purchase hereinabove re- cited should be exercised. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the option to purchase the real estate herein. above described dated December 1, 1972, by and between Marjorie D. Reed, as seller, and City of Dubuque, Iowa as purchaser, be and the same should hereby be exercised. SectIon 2. That the Mayor and City Clerk be and they are hereby directed and authorized to execute the necessary notice of exercise of option and to do any and all things necessary and incidental to the exercise of such option. Passed, approved and adopted thiI 17th day of December, 1973. Joseph J. Bltter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann CouncIlmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider levy of special assessment and intentIon of the Council to issue bonds to pay for construction of part of City of Dubuque 1973 Concrete Paving with Integral Curb, Grand. view Avenue £rom the S.P.L. of Whelan Street to the S.P.L. of Delhi Street, presented and read. CouncIlman Pregler moved that the proof of publicatIon be re- ceived and flied. Seconded by Councilman Thoms. Carried by the followmg vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nay&-None. Communicatinn of Richard T. Pszanka, as not being opposed to the Grandview Avenue paving projevt, but with the method of computing the amount of the levy, presented and read. Councilman Pregler moved that the petition be received and filed, after hearing from Mr. Pszanka, and that all ob- jections be overruled. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Statement of City Clerk certi. fying that notices of levy were mailed by certified mall on No- vember 21, 1973, to property own- ers of record subject to assess- ment for the constructIon of Grandview Avenue from the S.P.L. of Whelan Street to the S.P.I.. of Delhi Street, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Statement of Ray Rampson, a member of the Engineering de- partment, certifying that notices of assessment and levy were post- ed in tbe asseøsable area of 1973 <Jom:rete Paving project with In. tegral curb being Grandview Ave- nue from Whelan Street to Delhi street on November 28. 1973, pre- sented and read. Councilman Preg- ler moved that the statement be reeewed and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer. Preg- ler, Tboms. Nays-None. RESOLUTION NO. 392.73 Schedule of Assessments Resolved by the City Council of Dubuque, Iowa: ,",at to pay for ., (part) of City of Dnbuque 1973 Concrete Paving with integral curb Project No.1 Grandview Ave. from the S.P.L. of Whelan Street to S.P.L. of Delhi Street, by Flynn Company Inc. contractor in front of and adjoiniAg the same, a spe- cial tax be and is hereby levied on the se'feral lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set oppo- site each lot or parcel of real es' tate, as set forth iA the following schedule: Granclview Avenue Concrete Pav. ing 1973 with Integral Curb Pro¡ect No.1 Sarah C. Ruprecht, Lot 4, Stewart's Sub. _................$727.99 Richard L. " Norma C. Cade, Lot 3, Stewart... Sub. ..........................,........... 727.99 Richard L. " Norma C. Cade, Lot 2, Stewart's Sub. ................,..................... 690.14 Richard L. '" Norma C. Cade, Lot 1-1, Stewart's Sub. ..........................",......... 189.53 Gary '" Ann Marie Maurit- zon, Lot 34, Stewart's Sub. ...................................... 36.84 Gilbert N. '" Doris M. Hint- gen, Lot 21, Mineral Lot 149 ..-................,................... 21.01 He.nry Trenkle Eat., Lot 20, Mineral Lot 149 ................ 300.31 Henry Trenkle Est., Lot S. 9'1"-1.19, Mineral Lot 149 ............................".......... 20.89 John A. " Marlene C. Baumgartuer, Lot N. 50'- 1-19, Mineral Lot 149 ""'... 28.87 Robert W. '" Janaan I. Dor- ley, Lot 8, Whelan's Sub. 680.52 Daniel H. '" Mona L. Arbo- gast, Lot 9, Whelan's Sub. 680.52 Lillian Phillips (by will), Lot 10, Whelan's Sub. .............. 884.74 Lillian Phillips (by will), Lot 11, Whelan's Sub. .............. 660.52 Adelbert E. & Florence M. Schute, Lot 12, Whelan's Sub. ...................................... 660.52 Adelbert E. & Florence M. Schute, Lot 14, Grandview Place ....................,............... 725.72 Adelbert E. &. Florence M. Schute, Lot 13, Grandview Place .........................."""" 676.21 Adelbert E. &. norence M. Schute, Lot 12, Grandview Place ..............................,..... 671.91 John P. & Marylou Frangos, Lot 11, Grandview Place 689.83 John P. & Marylou Frangos, Lot 10, Grandview Place fI66.84 Ed. C. & Madelon M. T5chudi, Lot 9, Grand- view Place ........................ 662.92 Justin .1. Conlan cont: Karl & Johann Kenline, Lot 8, Grandview Place .............. 860.64 Leo N. Theisen, Lot 7, Grandview Place .......""'" 658.36 Leo N. Theisen, Lot 7A, Grandview Place .............. 22.15 Leo N. Theisen, Lot 6, Grandview Place """"""" 860.84 Leo N. Theisen, Lot 6A, Grandview Place .............. 21.77 John W. & Graoe M. Riley, Lot 5, Grandview Place 662.92 John W. " Grace M. Riley, Lot 4, Grandview Place 666.64 Evangeline K. Jansen, Lot 4, Grandview Place ........ 689.83 Evangeline K. Jansen, Lot 3, Grandview Place ........ 674.06 James J. &. June E. Kelly, Lot I, Grandview Place .... 890.05 Victor W. &. Violette E. Nel. son, Lot 1-2-1, Mineral Lot 145 """"""""""""""""""" 902.84 Raymond P. & Helen M. Miller, Lot 2, Bergquist Place .................................. 124.33 Albert L. & Elsie M. Ander- son, Lot 1-2, Dodge Street Place .................................. 275.50 Marlene & Robert J. Kief- fer, B. Smothers & Tbomas J. Kieffer, Lot 2-1, Dodge Street Place $906.89 The Church of Christ, Lot 1-1, Dodge Street Place 689.04 632 Special Session, December 17, 1973 Special Session, December 17, 1973 633 Susan R. Huehnergarth, Lot S. Bal. 1-4-1, Mineral Lot 150 ......................................1,145.80 ThomasJ. & Darlene A. Smith, Lot 2-4-1, Mineral Lot 150 ................................ 11.52 Esther Vandervate (surviv- vivor), Lot I, McClain's Sub. ...................................... 859.92 Susan R. Huehnergarth, Lot 2-2, McClain's Sub. .......... 10.51 Thomas J. & Darlene Smith, Lot 1-2, McClain's Sub. 193.33 Thomas J. & Darlene Smith, Lot 3. McClain's Sub. ...... 119.26 Mich. & Hazel E. Hrynkow, Lot 4, McClain's Sub. .... 73.81 Lawrence N. Clemen, Lot 5, McClain's Sub. ............ 50.52 Wm. G. & Marie D. Tranel, Lot 6, McClain's Sub. ...... 24.31 John & Mamie Mahoney, Lot 1-1-2-1, Mineral Lot 150 ........,..........................'" 754.96 Rose M. Foley, Lot 2-1.2-1, Mineral Lot 150 ............ 493.39 Rose M. Foley, Lot 2-1-1-16, McClain's Sub. ..,............... 15.19 Rose M. Foley, Lot 2-2-1-16, McClain's Sub. .........."...... 25.83 Tasso & Nodie Efferding - Life Est. George E. Traut, Lot 1-1.2-1-16, McClain's Sub. ...................................,.. 936.52 Tasso & Nodie Efferding - Life Est. George E. Traut, Lot 2-1-1-1-16, McClain's Sub. ..................................., 104.20 Tasso & Nodie Efferding - Life Est. George E. Traut, Lot 1-I6-B, McClain's Sub. ............................."..... 411.48 Charity M. Roedell, Lot 1-2-16-B, McClain's Sub..... 35.07 Judith L. Uze Wenzel, Lot 4, Plaza Court .........."...... 389.95 James L. & Florence F. George, Lot 5, Plaza Court 81.66 James T. & Margaret A. O'Connor, Lot 3, Plaza Court ............,..................... 102.81 Miles J. & Virginia J. Orton, Lot 2, Plaza Court ..".... 95.59 Richard R. & Carol Lou Reiter, Lot 1, Plaza Court 147.12 John J. & Irene C. Powers, Lot 2-13, Wallis Heights.... 354.50 Ben Loetscher, Lot I, Wallis Heights ...."....................."'" 547.83 Ben Loetscher, Lot 2, Wallis Heights ..........................".. 579.61 Ben Loetscher, Lot S'h-3, Wallis Heights .................. 291.20 David J. & David J. Jr. Saunders, Lot N'h,-3, Wallis Heights ................ 291.07 David J. & David J. Jr. Saunders, Lot S.31.33'-4, Wallis Heights ..........",..... 388.18 Alfred E. & Marilyn Hughes, Lot N.15.67'-4, Heights ................................ 194.09 Alfred E. & Marilyn Hughes, Lot 5, Wallis Heights .............................. 582.27 Alfred E. & Marilyn Hughes, Lot 2-6, Wallis Heights ..................,........... 152.82 Robert P. & Betty Keuline, Lot 1-6, Wallis Heights .... 429.45 Robert P. & Betty Keu1ine, Lot 7, Wallis Heights .... 582.27 Robert P. & Betty Keuline, Lot 2-8, Wallis Heights.... 50.90 Robert P. & Betty Keuline, Lot 2-1-8, Wallis Heights 185.73 Robert P. & Betty Keuline, Lot S.10'-1-1-8, Wallis Heights .............................." 113.95 Meyer & Libbie Marmis, Lot N.25'-1-1-8, Wallis Heights ......................,....... 231.69 Meyer & Libbie Mannis, Lot S'h-9, Wallis Heights 291.07 Meyer & Libbie Marmis, Lot N'h-9, Wallis Heights 291.07 Meyer & Libbie Marmis, Lot 1-10, Wallis Heights 516.05 Charity M. Roedel!, Lot 2-10, Wallis Heights ...."" 65.71 Charity M. Roedell, Lot 11, Wallis Heights .......... 550.11 Charity M. Roedel!, Lot 1-12, Wallis Heights ........ 458.45 Nodie Efferding Life Est. George Traut, Lot 2-12, Wallis Heights ..........".... 130.41 Ind. School District, Lot Pt. 1-1-1 & 2, Sisters Ad- tion ................................".... 42.92 Ind. School District, Lot Vacated Dodge St. ..,....... 302.21 Ind. School District, Lot Pt. 2-43, Quigleys Sub. of Mineral Lot 157 .............. 505.42 Ind. School District, Lot 1-1-1-1-1-1, Sub. of Lots 41, 42 & 1-42 ..................$1,570.06 Ind. School District, Lot 2-1-1-1, Sub. of Lots 41, 42 & 1-42 """"""""""""" 116.61 Ind. School District, Lot 2-1-1-1-1-1, Sub. of Lots 41, 42 & 1-42 .................... 134.06 Ind. School District, Lot 2-1-1-1-1, Sub. of Lots 41, 42 & 1-42 .......................... 245.49 Ind. School District, Lot 2-1, Sub. of Lots 41, 42 & 1-43 ..........................,..... 778.51 Ind. School District, Lot 1-2, Sub. of Lots 41, 42 & 1-43 ................................,..... 871.06 Ind. School District, Lot 2-2, Sub. of Lots 41, 42 & 1-43 ..........................".... 680.52 Ind. School District, Lot 2-1-1, Sub. of Lots 41, 42 & 1-43 ................................1,116.05 Ind. School District, Lot 44, Quigleys Sub. of Min- eral Lot 157 ...................... 91.41 Ind. School District, Lot 1-1-1-40, Quigleys Sub. of Mineral Lot 157 ...........". 841.44 Clara Osborn A/K/A Clara Osborne, Lot S.4O'-2-40, Quigleys Sub. of Mineral Lot 157 """,""""""""""'" 543.53 Kenneth J. & Helen M. Sul- livan, Lot N.4O'-2-40, Quigleys Sub. of Min- eral Lot 157 ............."..... 563.78 Clara Osborn A/KI A Clara Osborne, Lot S.4O'-2-1-40, Quigleys Sub. of Mineral Lot 157 ......"...................... 90.27 Kenneth J. & Helen M. Sul- livan, Lot N.4O'-2-1-40, Quigleys Sub. of Minerla Lot 157 ................",........... 109.77 Mettel Realty & Inv. Co. cont: Herting & Schaefle, Lot 5, Sub. of Lots 38 & 39 ................,....................... 805.73 Paul F. and Julie Miller, Lot 4, Sub. of Lots 38 & 39 ......................,................. 784.34 William A. & Mary Jo Gu- lick, Lot 3, Sub. of Lots 38 & 39 ..........................",. 768.51 Dorothy V. Greenawalt, Lot 2, Sub. of Lots 38 & 39.... 748.25 Ruth M. Yates, Lot I, Sub. of Lots 38 & 39 .............. 723.94 Lois C. & Rebecca Jo Ley- tem, Lot 6, Sub. of Lots 38 & 39 ..........",................. 175.61 Thomas J. & Donna H. Ricbard, Lot 7, Sub. of Lots 38 & 39 ...................... 101.54 Robert J. & liene M. Lam- mer, Lot 8, Sub. of Lots 38 & 39 ..........................".. 48.62 Dr. Clarence O. & Emily R. Nesler, Lot 1-1, Quig- leys Sub. of Mineral Lot 157 ......................................1,206.83 James T. & Mary M. Arenz, Lot 2-1, Quigleys Sub. of Mineral Lot 157 ..............1,182.26 Stanley R. & Eleanor A. Hiseler, Lot 17, Hodge's Sub. No.2........................ 893.98 Donald B. & Marion Her- ring, Lot 18, Hodge's Sub. No.2.................................. 85.71 Marion & Margaret M. Van Pelt, Lot 19, Hodge's Sub. No.2........................ 46.34 Marion & Margaret M. Van Pelt, Lot 20, Hodge's Sub. No.2.......................... 28.61 Eugene H. & Gerda Chap- pel!, Lot 31, Hodge's Sub. No.2.................................. 11.14 Wilfred F. & Inez P. Lyons, Lot 1-32, Hodge's Sub. No.2.................................. 42.16 Terence J. & Carol O'Rourke, Lot 2-32, Hodge's Sub. No.2.................................. 2.28 Terence J. & Carol O'Rourke, Lot 33, Hodge's Sub- No. 2 .......................................... 65.96 Gerald L. & Patricia A. Dodds, Lot 1-1-2-1.2, Caro- line Boxleiter Sub. .."...... 941.33 Ivan E. & Anita M. Wolf, Lot 2-1-2-1-2, Caroline Boxleiter Sub. ................" 39.38 Ivan E. & Anita M. Wolf, ~:e;-ls~~. ~.~~~..~.~~: 238.15 Gerald L. & Patricia A. Dodds, Lot 2-2-1-2, Caro- line Boxleiter Sub. ........ 769.65 Raymond J. & Elsie E. Un- sen, Lot W'h-I-l, Mink's Subdivision ........................ 114.45 Wm. E. & Erelene Blaser, Lot E'h-I-I, Mink's Sub- division ....................,......... Raymond J. & Elsie E. Un- sen, Lot 1-2, Mink's Sub- division ...........................,.... Wm. E. & Erelene Blaser, Lot 2.2, Mink's Subdivi- sion .................................,.... Gerald L. & Patricia Dodds, Lot N.13'-N.18'-2-3, Box- leiter's Subdivision .......... 154.21 Evelyn Mary Oneyear, Lot S.5'-N.18'-2-3, Boxleiter's Subdivision ......,................. 62.80 Evelyn Mary Oneyear, Lot S.40'-2-3, Boxleiter's Sub- division .............................. 502.25 Raymond J. & Elsie E. Un- sen, Lot 1-1-3, Boxleiter's Subdivision ....................".. 83.18 Raymond J. & Elsie E. Un- sen, Lot 1-2-1-3, Boxlei- ter's Subdivision ............,. 81.03 8.74 93.06 22.03 48.62 83.18 634 Special Session, December 1973 Special Session, December 17, 1973 635 Wm. E. & Erelene Blaser, LaVerne F. & Dorothy H. Lot 2.-2.1-3, Boxleiter's Benz, Lot 6, Philips Sub- Subdivision """""""""""" 16.71 division """"""""""'00.......1,311.66 Steven W. & Susan K. George & Amy M. Masters, Bruse, Lot 2-1-1-4, Boxlei- Lot 7, Philips Subdivision 173.20 ter's Subdivision """"""" 678.36 Vernon Edward & Helen L C. Robert & Leone N. Schlung, Lot 1-1-1-2.30, Daack, Lot 2-1-4, Boxlei- Anne O'Hares SuI> .......... 950.70 ter's Subdivision .............. 997.54 William J. & William J. Jr. Kenneth E. & Nancy L. Kelly, Lot 2-1-1-2-30, Anne Steffen, Lot W.216'.5, O'Hares Sub. "'00......0000....... 194.72 Boxleiter's Subdivision .... 93.82 Lillian M. Lindecker, Lot 2- Ralph L. Gatena, Lot E.15'- 1-2-30. Anne O'Hares, Sub. 107.87 5, Boxleiter's Subdivision 1.01 Lawrence N. & Thelma Cle- Ralph L. Gatena, Lot &, men cont: Eugene E. & Boxleiter's Subdivision .... 43.55 Janice L. Innen, Lot 1-30, Kennetb E. & Nancy L. Stef- Anne O'Hares Sub. ........1,310.64 fen, Lot N.35'9"-W.216'-3 Franklin A. & Cora B. C. Boxl<eiter's Sub. ....00.... 546.95 Ames, Lot 1-1-29, Anne David L. & Electa A. Van- O'Hares Sub. ...00'""""",-" 944.87 DeGejuchte, Lot S.40'.W. Arnold E. Loelscher, Lot 1- 216'-3, C. Boxleiter's Sub. 625.06 2-1-29 w/abutting 8' drive- Ralph L. Gatena, Lot E.15'- way, Anne O'Hares Sub...l,338.75 :l, C. Boxleiter's Sub..... 11.90 Harlan F. Loibl conI: Ed. George M. & Audrey J. Hen- ward L. & Marjean Gan- son, Lot 1-1-7, Mineral seu. Lot 2-2-1.29, Anne Lot 158 ...00...00.....00.............00 650.17 O'Hares Sub. """""""""" 153.96 Richard J. & Lan! M. Pszan. Raymond Fans!, Lot 2-29. ka, Lot 1-1-2-7, Mineral Anne O'Hares Sub. .......... 112.81 Lot 158 ..............................1,517.52 Carl & Marg.(. Hocking, Lot Donald W. & Bertha Voelz, 1, Hodg>!s Subdivision #2 65.08 Lot 2-2-1-2-7, Mineral Lot Warren & l\tarilyn E. Hig- 158 """""""""""""""""""" 221.18 gins (LE. - Mary O. Hig- Donald W. & Bertha Voelz, gins), Lot 2, Hodges Sub- Lot 1-2-1.2.7, Mineral Lot division #2 ""'............00..... 49.11 158 ........00.................00.........00 27.98 William P. & Mary K. Col. Donald W. & Bertha Voelz, lins, Lot 16, Hodges Sub- Lot 2-2-2.7, Mineral Lot division #2 'h'h.hmh.......... 50.77 158; """""""""""""""""""" 756.48 William P. & Mary K. Col- Donald W. & Bertha, Voelz, lins, Lot 15, Hodges Sub Lot 1-2-2-7, Mineral Lot division #2 """""""""""" 111.33 158 """""""""""""""""""" 93.89 Grandview Ave. Methodist Wm. R. & Kathryn M. Ha- Chur~ . Lot I-I, Hodges ber Lot 1-1 Phi!ips Sub- SuhdIvlSlon #2 ""'00.........1,562.59 division "..:..................00..... 642.03 Grandview Ave. Methodist Lyle J. (und. 'AI) & Esther Cbu~b, . Lot 2-1, Hodges M Schroeder (und 'h) SubdimslOn #2 .................. 96.37 ~ 2, Philips Subdlvi: Iyla :- .I!"!L Lot 2, Hodges sI'on I 014 13 Su diVlSIOU #2 .................. 617.34 ....................................,. Michael & Rosina Pusateria, John J. & Mary C. Shan&- wi 3, Hodges Subdivi- hdi!"!' . Lot 3,. Philips SUb-1 0141 sion #2 00....00...................... 596.73 VISIOn "'00"""""""""""00" . 3 Eugene E. '" Laverne Doris George Saffran, Lot 4, Phil- Jackson (und. 'h) May W. ips Subdivision ................l,Ølã.52 DenIinlU" (1lIld.. lit), Lot Harriett '" J. A. Armstrong, 4, Hodges Subdivision #2 587.33 Lot 2-H!, Mineral Lot Robert J. Lundin, Lot 5, 1M ......................................1,439.66 Hodges Subdivision #2 .00. 557.71 Alfred G. &. CJ1arIes Dong- Roebrt J. & Kaoko Crippes, las Hin.cker, Lot 2-1, Phil- Lot 6, Hodges SubdMsiOR ips Subdivision """""""" 78.24 #2 """""""................00........ 127.62 Alfred G; &. Charles Doug- Harvey A. '" Diaue J. las Hincker, Lot 5, Phil- Duve, Lot 7, Hodgœ Sub- ips Subdivision """00........1,151.12 division #2 """"'.......00...... '10:90 Sylvester M. & Jean A. Ste- ger" Lot 8, Hodges Sub- division #2 """"""'........... Orval Y. &. Betty J. Rob- erts, Lot 9, Hodges Sui>- llivisiDn #Z ...-.................. Frederick W. & J:met M. Blum, Lot 17, Hodges Subdivision #2 ....00............ 63:56 Jolm L. & Kathryn A. Dean, Lot 16" Hodges Subdivi- sion #2 .......................-.... 44.95 Joseph L. & Theresa ReI- tenmeier, Lot 15, Hodges SubdMsion #2 ................ 15.45 Adams Realty Corp., Lot 1, Grandview-Delhi SI. Place ..................................1,486.76 Adams Realty CorP., Lot 1-2', Gi-andview-Delhi SI. Place .................................... 325.13 TIæ Fwey HcIspital, Lot Lot 2-2, Grandriew-Delhi Place .........................,........ 2.79 The Finley Hospitat, Lot 2-1-1-:1-2, Bexleiten Snb- division .............................. 126.73 Thee Finley HUspital, Lot 1-1.1-2-2, Boxleiter's Sui>- di\lÍ&ioll. .........................-.. 405.02 The Finley Hospital, Lot 1-1, Boxleiter's SubdWi> siøn ...................................... 600.63 The Finley Hospital. Lot 2.2-2. ßcoo:lei!er's Subdivi- sion """""""""'......"........... :129.41 Ju!ian c:t Nemmers M.D. & James A. Pearsøn M.B., Lot 2, Sidooia Hosforda SUb. .......on............................ 744.71 J.,,!ian G. Nemmers M.D, & James A. Pearson; M.D., Lot 3, Sidonia. Hosfords Sub. ...................................... 744.71 Adams. ReaLty Corp., Lot N. 25'-4. Sidonia. Hosfords Sub. ...............-..................... :172.35 Edmund & Elizabeth Ann Siegert, Lot 8.25'-4, Sido- nia. Hosfords. Sub. ............ :172.35 Edmund & Eliabeth Ann Siegert, Lot N.lO5'-5, Si- donia Hosfords Sub. ......1,563,86 The Finley Hospital, Lot !r.5S'-5. Sidonia. Etosfords Sub. ...................................... 819.41 The Fiuley Hospital, Lot 6, Sidonia Hosfords Sub. 669.63 The Finley Hospital, Lot 7, SidoI>ia Hosfords SUb. 201.94 The Finley' Hospital, Lot 1-2-3, C. BoodeiJ:ers Sub..... 815.10 Tlie Finley Hospital, Lot ~%-:r, C. Boxlelters Sill>. 13.8 The Fiuley Hospital, Lot 1-1, Finley Hmne Addt. 40.26 tion """"""""""""""""""" 26.87 85,487.62 All of which is assessed in pro- 8.61 portion to the special benefits con. ferred. 2',(IOG elL yd. Excavation (unclassified} @ $2.00....$4,000.00 *5,512 cu. yd. Excavation (unclassified) @ $2.oo....ll,O24.oo '11,024 sq.. ¡rd. Concrete class "A!' 8" thick @. $1f.50 """""..............00......93.704.00 7,048 sq. ¡rd. Concrete class "A" 8" Welt @ $8.50 """""""""""'00.......59,908.00 3,000 tons 0/4" base stone @ $4.00. ..........................12,000.00 *11,491 tons '!>to base sCøne @ $4.00. ................45,964.00. 6,255 sq. yd. Macadam and subbase removal @ $Il.50 """""""""""""""" 3,128.00. *9,765 sq. yd. Macadam and subbase removal @' $0.50 -........--.... 4,81i2.50 6 BO. of Manholes brought tu g¡:ade @ $50.00 ........ 300.00. 6 lID. oC Manhole ring and """"1'$ @ $65..OD. .......... 390.00. 6 no. of Catch be5ins sia- g¡¡. \ßIe 101-B @ $--.. 3,600..00. *6.448 sq. yd. Sod and CUl'b. backfill in place @ $1.50 .......................... 9,8172.00 'M tons Asphaltic, con- crete surface CCJUI:Se @ $50;00 """"""""""'......... 2,700.00. *]0,114 sq. 11. 4" side. walk remove and re- place @ $1.5/} ................15,171.00 *5,983 sq. ft. 6" dri.oe8; re- move and replaee @ $1.50 """""""""..........,... 8,974.50 *435.7 !in. f1I. 5" plastic pipe Í11 place @$a,0IJ.... 1,307.10 *980.9 !in. ft. 1'1." con- duit @ $1.20 """"""""" 1,177.08 *22 no. of Luminar-bulb and adaptor @ $190.00 4,180.00 *3,364 !in. fl. 1212 with &round U.F. 600 wire @ $11.54 ..............-.........-.. l,/IlIr.5B "7 no. of Services 110" fuses weather head @ $60-00 ................00............ 560.00 *2,270 !in. fl. Trenehing and backfill @ $1.00 "" ~.oo '0 Move sprinkler!l @ $236;011 .....00..................... 0.00 *+1 no. of Clean out buf- falO box"" @ $25.00 "" 1,025.011' 0.00 !II.!!I!! i 636 Special Session, December 17, 1973 Special Session, December 17, 1973 "10 no. of Concrete poles \ -new @ $375.00 .......... 3,750.00 "5.5 lin. ft. Manhole side- wall @ $30.00 ........"...... 165.00 "I no. of Manhole bases @ $100.00 """"""""""" 100.00 "330.5 lin. ft. 15" RC.C.P. @ $14.00 ....."................. 4,627.00 "843.6 lin. ft. 18" R.C.C.P. @ $15.00 ..........................12,654.00 "I no. of Catch basin- double 104-B @ $750.00 750.00 "I no. of Catch basin- single 101-A @ $750.00 750.00 "3 no. of Catch basin re- moval @ $100.00 ......""" 300.00 "13 no. of Water valves brought to grade @ $25.00 ..................."......... 325.00 "I no. of Extra repair manhole @ $375.00 .."" 375.00 "10,569 lin. ft. Curb and gutter and drive remov- al @ $1.00 ......................10,569.00 "Lump Extra wiring for underground service @ Lump 292.D4 Total ..........................322,420.78 "City Share ..............239,094.78 Assessed .................." 83,326.00 Less Sales Tax Refund ...."............ 4,332.95 78,993.05 Interest 5% for 52 days ........................ 601.80 Extra Expense ........ 5,872.77 Total Assessed AmI. 85,467.62 Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Juslmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of notice of hearing on a proposal to author- ize the issuance of Street improve- ment bonds in the amount of $85,467.62, for the purpose of pay- ing the cost of City of Dubuque 1973 Concrete Paving with Inte- gral Curb Project No. I (part) Grandview Avenue from the S.P. L. of Whelan Street to the S.P.L. of Delhi Street, presented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 393.73 Resolution providing for the purpose of providing for the payment of the assessed cost of City of Dubuque 1973 Con- crete Paving with Integral Curb Project No. I - Grand. view Avenue from the S.P.L. of Whelan Street to the S.P.L. of Delhi Street. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has detennined that $85,467.62 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob- jections made thereto have been considered and detennined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1973 Concrete Pav- ing with Integral Curb Project No. I - Grandview Avenue from the S.P.L. of Whelan Street to the S.P.L. of Delhi Street, there shall be issued street improvement bonds in the amount of $85,000.00 This Bond is one of a series of Dollars in anticipation of the de- 170 bonds, all for $500.00 num- ferred payment of assessments lev- bered from 1 through 170 all of ied for such improvement. like tenor and date, and issued for 2. Such bonds shall be called the purPose of providing for the street improvement bonds; and deferred payment of assessments shall bear the date of January 17, levied for the City of Dubuque 1974; and shall be numbered con. 1973 Concrete Paving with Integral secutively; and they shall be num- Curb Project No.1 - Grandview bered, divided into series, and be Avenue from the S.P.L. of Whelan in such denominations and for Street to the S.P.L. of Delhi Street such maturity dates as are shown as described in said Resolution, in the following table: in said City, which cost is payable Series No., Bond No., Denomina- by the abutting and adjacent prop- tion, Maturity: erty along said improvements and 1-1-17, $500.00, April 1. 1974. is made by law a lien on all of 2-18-34, $500.00, April 1. 1975. said property. It is payable only 3-<!$-51, $500.00, April 1, 1976. out of the Special Assessment 4---52-66, $500.00, April I, 1977. Fund 1297 created by the colle.,. 5-69-85, $500.00, April 1, 1978. tion of said special tax, and said 6--86-102, $500.00, April 1. 1979. fund can be used for no other 7-103-119, $500.00, April 1. 1980. purpose. 8--120-136, $500.00, April I, 1981. It is hereby certified and recited 9---137-153, $500.00, April 1, 1982. that all the acts, conditions and 10-154-170, $500.00, April I, 1983. things required to be done, prece- 3. Said bonds shall bear interest dent to and in issuing this series at the rate of six per cent per an- of bonds, bave been done, hap- num, payable annually in accord- pened, and performed, in regular ance with coupons thereto at- and due form, as required by law tached: and said Resolution, and for the 4. Said bonds shall not make assessment, collection and payment the City of Dubuque liable in any hereon of said special tax, the full way, except for the application of faith and diligence of said City said special assessment funds. of Dubuque are hereby irrevocably 5. Said bonds shall provide that pledged. they may be payable at any time IN TESTIMONY WHEREOF of prior to the maturity date stated the City of Dubuque by its Coun- therein at the option of the City cil bas caused this bond to be of Dubuque and shall be in sub- sigued by its Mayor and counter- stantially the following form: signed by its City Clerk and the No. ........................................................ ~eald of :.aid C~y dto b'f thereto af- Series No. ...................................."...... 1'::3.' t IS 17t ay 0 December, CITY OF DUBUQUE (SEAL) Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, the sum of five hundred dollars with interest at the rate of six per cent per annum, pay- able anually, on the presentation and surrender of the interest cou- pons hereto attached. Both prin- cipal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bonds is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 17th day of December, 1973, being Res- olution No. 393-73. (Form of Coupon) On the .......... day of ...................., the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of .................... Dollars, in the office of the City Treasurer in the City of Dubuque, being .......... months' interest due that date on its ......,... Bond No. .......... dated ..................... ............................................................ Mayor """"""",,"""""""""""""""""""""" City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared 9. That as fast as funds allow, beginuing with the second year after the payment of interest due, 637 638 Special Session, December 17, 1918 tileæ bonds .hall be caIied andre- tiœd ia the same order as num. bered. The I!IIItiœ of election to call - beads shall be given by llegalar United Sltates .Mail ad- dres8ed to the laat known address of the purcl!3I!I!1'- 10. P&ssed, adopted and approved tIñs 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Preg1er Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilmaa Pre&ler m<Wed adop- tion of the resolution. SeCOÐded by Councilman Thoms. Canied by the &lid when $A) prepared to execute £aid bonds and that the City Clerk /Ie and lae i. hereby instructed to m¡¡ister said ooads ia a book kept for that purpooe and to then de- liver them to the City Treasurer. 7. That the City Trel8Urer is /leceby imtructed to sell said bonds ia the manner provided by law, the proceeds of said sale to be placed ia a special fund to be known as Special Assel!aillellt Fund 1297 uuI paid out by him to pay the cost of said contrael 8. That the iate- coupons at- Im:hed to the bonda he aigned wit)¡ tlte f.acsi.BliIe signature of the Ma- Jor and counter.ùgned with the fae- iimile aigneture of the City Clerk. following vote: Yeas-Mayor Bitter, Counci1m.,. Justmann, Mold-ner, Pregler, Thoms. Nays-None- Oetober 4, UJ7S To the Honorable Mayor and City Coanc!l 1 laereby submit the attaehed sbeets No.1 to 2 inclusive show. ing a schedule of the proposed valnations OIl aosessments for the construction of the East 4th Street Extension Sanítary Sewer-1973. John 1.. White City Engineer Councilman Thoms moved that the communícation be received and filed. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas--JIa,yor Bitter, CoWlcilmen J1utmana, MoldenhaW!l', Pregler, 'lboms. Na~one. RESOLUTION NO. 394-73 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, WWA: Section I. That the attached I to :I inclusive, are hereby deter- mined to be the schedule of pro- posed assessments for CITY OF DUBUQUE 1973, EAST 4TH S1'B.EET EXIENSIOIN BANrfARY SEWER, and the nlnatiollS set out therein, are I>ere.b1 approved. Passed, adopted and approved tIais 17t1t clay of De_er 1973. Joseph J. Bitter Jlaylll' Walter A. Pregler AIIaa T. 1.11oms Wayne A. Moldenhauer C. Raòert Justmann Councilmen Attat: Leo> F. Frommelt City CIeI'k Cotmcibnan Thoms - ado¡>. tion of the resolution. S_ed by Counci1man -hauer. Car- ried by the following vote: Yeas - Mayoi' Bitter, Council- men Jostmann, Moldenhauer, Preg- ler, 'Iboma. Na_None. RESOLUTION NO. 395-13 Approval 01. preIimiaary plans, specifications, form of contract plat and all other documents for the construction of East 4th Street Extension Sanitary Sewer 1973, in an estimated """'WIt of $17,891.10, presenll!d and l'Ud. Conncilman Moldenhauer. Car- ried iIy the following TOte: Yeas-Mayol' Bitter, Councilmen JIIStmann, MDldenhauer, Pregler, 'l1h1tma. Nays-¡None. (Necessity for Improvement) RESOLUTION NO. 396J3 WHEREAS, prollOSed plans, spee- ifieations, form of contract, plat and scheduJe have been duly pre- pared aDd a,pproved by the City CoUDCil of the City of Dubuque and are now Oft file in the office of the City Clerk Bhowiag among other things the following: 1. The boundaries of the dis- triet, jf any. 2. The size and kind of leWeI'B. Special Session, December 17, 197.3 639 3. Each lot proposed to be as- sessed toegther with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for th~ Att t. East 4th Street ExteJ1S1on Sam- ~ . F. Frommelt tary Sewer-1973. City Clerk BE IT ~ORE RES?LVED Councilman Tboms moved ap- that. the City coun,,!!. on lis own proval of the resolution. Seconded mol1on or upnn petiti?n of .prop- by Councilman Moldenhauer. Car- erty owners, deems 11 adyisable ried by the following vote: and necessary for the public wel- Yeas-Mayor Bitter Councilmen fare to make the herein mentioned Justmann, Moldenha~er, Pregler, Improvement, and uuless property Thoms own~rs at. the time ?f the final Nay';'-None. ~::~~~~IO:'veOfon U::e ~~~fo:~ (Fixing date of hearing) City Clerk objections to the RESOLUTION NO. 397.73 amount of the proposed assess- WHEREAS the City Council of ments, t!'ey shall ~e ~eemed to the City of Dubuque, Iowa, has by have w31ved all objections there- Resolution No. 395-73 given its pre- to. liminary approval on the proposed Said improvements shall be con- plans, specifications and form of structed and done in accordance contract and placed same on file witlt the plans and specifications in the office of the City Clerk for which haTe been 'Prepared tbere- public inspection. for the East 4th fore by the City Engineer which Street Extension Sanitary Sewer- have been approved by the City 1973 and, Council and are now on file with WHEREAS, the proposed Reso- the City Clerk. That the cost and lution of Necessity for said im- expense of making said improve- provement has been introduced ment will be assessed upon and and is now on file in the City against all privately owned 'Prop- Clerk's office for public inspection, erty lying within assessable dis- BE IT THEREFORE RESOLVED tance provided by law and in an that on the 21st day of January, amount not to exceed the amount 1974, a public hearing will be held provided by law, property will be at 7:30 o'clock P.M. D.S.T. in the assessed whether the same abuts Council Chamber in the City of thereon or is adjacent thereto ac- Dubuque at which time the own- cording to area and in proportion ers of property subject to assess- to tbe special benefits conferred ment for the proposed improve- thereby, and any deficiency shall ment may appear and make objee- be paid out of the general fund, tion to the proposed plans and improvement funds or sewer funds, specifications and proposed form or 'Partly out of each of said funds. of contract aud at tbe same time Sewer bonds shall be issued and to the boundaries of the proposed sold in anticipation of deferred district, to the cost of the improve- payments of assessments when a ment, to the amount proposed to contract has been performed and be assessed against any lot and to accepted and the proceeds there- the passage of the proposed Reso- of used to pay the contractor. The lution of Necessity and the City railway portion of any street or Clerk be and he is hereby directed assessment district shall be as- to cause a notice of the time and sessed to and paid by the railway place of such hearing to be pub- company. lished in SOme newspaper pu¡'" The above resolution was intro- lished in the city of Dubuque, the dnced, approved and ordered last of which shall be not less than placed on file with the City Clerk two (2) nor more than (4) weeks this 17th day of December, 1973. Approved and placed on file for final action. Approved: Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen 640 Special Session, December 17, 1973 Special Session, December 17, 1973 641 prior to the day fixed for its con- sideration and uuless property owners at the time of final con- sideration of said resolution have on IDe with the Clerk objections to the amount of the proposed as- sessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final de- cision thereon. Passed, adopted and approved this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A Moldenhauer C. Robert Juslmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 398-73 WHEREAS, the City Council did cause plans to be made for the renovation of the city hall build- ing and the preservation of its historic design; and WHEREAS, the City Council did determine that the expense of the proposed construction would, in part, be paid from the proceeds of the sale of general obligation bonds and to this end did call an election on the proposition; and WHEREAS, a Citizen Committee orgauized to present to the pub- lic the plan, the ideas and the facts of the proposed city hall reconstruction; and WHEREAS, the members of this Committee for City Hall Recon- struction did expertly and coura- geously present the proposed plan to tbe public. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City Council of the City of Dubuque, Iowa does hereby acknowledge and recog- nize the valuable assistance ren- dered by the Citizens Committee for City Hall Reconstructinn and does hereby express their thanks to each of these fine citizens. Section 2. That the City Clerk be instructed to send a copy of this resolution to each member of the committee. Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen SECTION 2. That the Director of the Department of Housing and Redevelopment is hereby autho- rized and directed to deliver said Deed to Investment Planning, Inc., of $16,717.67 on the basis of $3.06 upon receipt of the purchase price per square foot. Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 399-73 Authorizing the Execution and Dellveryof Deed to Investment Planning, Inc. for Sale of Land in the D_ntown Urban Renewal ProJect, Iowa R-15 WHEREAS, under date of De- cember 6, 1973, the City of Du- buque and Investment Planning, Inc. entered into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelopment; and WHEREAS, Investment Planning, Inc. has complied with the condi- tions of said Contract and has re- quested the City of Dubuque exe- cute and deliver to them a Deed for the land described herein be- low in the name of Invslment Plan- uing, Inc.; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION I. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Investment Planning, Inc. for the sale of Disposition Parcel 4 of Block 7 in the Downtown Urban Project, Iowa R.15, legally de- scribed as Block 8 in Dubuque Down- town Plaza in the City of Dubuque, Iowa, containing 5,463.29 square feet. Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Pregler, Thoms. Nays-Councilman Moldenhauer. RESOLUTION NO. 400-73 Authorizing the Execution and Delivery of Deed to R & S Enterprises, Inc. for Sale of Land in the D_ntown Urban Renewal ProJect, Iowa R.15 WHEREAS, under date of De- cember 11, 1973, the City of Du- buque and R & S Enterprises, Inc. entered into a Contract for the Sale of Land in the Downtown Ur- ban Renewal Project, Iowa R-15, for private redevelopment; and WHEREAS, the property to be conveyed hereunder has been pre- viously incorrectly described in Resolution No. 331-73, Resolution No. 362-73, and the said Contract for the Sale of Land recorded as Instrument No. 10075-73 as Lot 3 of Block 6, except the North 15 feet thereof and except the South 65 feet thereof; and Lot I of Block 6 * * * instead of Lot I of Block 6, except the North 15 feet there- of and except the South 65 feet thereof; and Lot 3 of Block 6 * * *; and WHEREAS, R & S EnterPrises, Inc. has complied with the condi- tions of said Contract and has re- quested the City of Dubuque to execute and deliver a Deed for the land described herein below; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION I. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to R & S EnterPrises, Inc. for the sale of Disposition Parcel lA in Block 1 in the Downtown Urban Renewal Project, Iowa R-15, legally described as Lot 3 of Block 6, except the North 15 feet thereof and ex- cept the South 65 feet thereof; and Lot 1 of Block 6 in Du- buque Downtown Plaza in the City of Dubuque, Iowa, con- taining 7,969.929 square feet. SECTION 2. That the real es- tate described in Section 1 hereof is the same and identical real es- tate incorrectly set forth in Reso- lution No. 331-73, Resolution No. 362-73, and the Contract of Sale recorded as Instrument No. 10075- 73 as Lot 3 of Block 6, except the North 15 feet thereof and ex- cept the South 65 feet thereof; and Lot 1 of Block 6 in Dubuque Down- town Plaza in the City of Dubuque, Iowa. SECTION 3. That the Director of the Department of Housing and Redevelopment is hereby autho- rized and directed to deliver said Deed to R & S EnterPrises upon receipt of the purchase price of $19,924.82 on the basis of $2.50 per square foot. Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 401-73 Authorizing the Execution and Delivery of Deed to Ecumeni. cal Housing, Inc. for Sale of Land in the Downtown Urban Renewal Project, Iowa R.15 WHEREAS, under date of De- cember 12, 1973, the City of Du- buque and Ecumenical Housing, Inc. entered into a Contract for 642 Special Session, December 17, 1973 Special Session, December 17, 1973 643 the Sale of Land in the Down- town Urban Renewal Project, Iowa R-15, for private redevelopment; and WHEREAS, Ecumenical Hous- ing, Inc. has complied with the conditions of said Contract and has requested the City of Du. buque execute and deliver to them a Deed for the land described herein below in the name of Ecu- meuical H<>using, Inc.; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION I. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Ecumeuical Housing, Inc. for the sale of Disposition Parcel 9 of Block 8 in the Downtown Urban Renewal Project, Iowa R-15, legal- ly described as Lot A and Lot 2 of Block 16 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 12,813.2294 square feet. SECTION 2. That the Director of the Department of Housing and Redevelopment is hereby author- ized and directed to deliver said Deed to Ecumeuical Housing, Inc., Dubuque, Iowa, upon receipt of the purchase price of $52,406.11 on the basis of $4.09 per square foot. Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Pregler, Thoms. Nays - Councilmen Justmann, Moldenhauer. RESOLUTION NO. 402.73 Accepting Delivery of Deeds for the Downtown Urban Re. newal Project, Iowa R.15 WHEREAS, under date of July 26, 1967, the City .of Dubuque and the United States of America en- ."", Grantor: Mary B. Chalmers and To th7 Honora~le Mayor Edward L. Chalmers. Deed dated and ClIy Council June 30, 1973. Recorded 7194-73. This is to advise you that the Property Description: The North- City of Dubuque 1973 Asp~t Pav- erly 42.8 feet of Lot 23 in the ing Project No. I, Uuiversity A,!"" City of Dubuque, Iowa, according nue from the W.P.L. of McCornllck to the United States Commission- Place to the E.P.L. of Gilliam ers' Plat of the survey of the Town Street has been completed m ae. of Dubuque, Iowa. (Parcel ~) cordance with the City of Dubuque Grantor: Allan J. Carew. Deed plans and specifications. Tbe above dated September 7, 1973. Record- named project is also referred to ed 7195-73. Property Description: as Topics Project No. T.735-7-(3)- The Northerly 42.8 feet of Lot 23 48-31. in the City of Dubuque, Iowa, ac- I therefore reamend the accept. cl)rding to tbe United States Com- anc'e of the ~bove named project. missioners' Plat of the survey of Gilbert D. Chavenelle the Town of Dubuque, Iowa. (par- City Manager eel 8-4A) Councilman Pregler moved that Grantor: Frank Hardie Advertis- the commuuication be received ing, Inc. Deed dated September 21, and filed. Seconded by Mayor Bit- 1973. Recorded 772<!-73. Property ter. Carried by the following .vote: Description: Lot 14 ill the ClIy of Yeas-Mayor Bitter, Councilmen Dubuque, Iowa, acc~rding t? the Justmann, Moldenhauer, Pregler. Uuited States CommisSIoners Map Thoms. of the survey of the Town of Du- Nays-None. buque, Iowa. (parcel 14-7 FINAL ESTIMATE Grantor: Iowa Oil Company. RESOLUTION NO. 403-73 Deed dated December 7, 1973. ~e- WHEREAS, the contract for the corded 9961-73. prope':tv Desc~p- City of Dubuque 1973 Asphalt Pav- tion: Lo\¡¡ 93 and 94 In the City ing Project No. I-University Ave- of Dubuque, Iowa, according to nue from the W.P.L. of McCormick the United States Commissioners' Piace to the E.P.L. of Gillialn Plat of the Survey of the Town of Street. Topics Project No. T-735- Dubuque, Iowa. (parcel 15-4). 7-(3)-46-31 has been completed SECTION 2. That the recording and the City Engineer has 1Ilb- of the respective deeds ?f convey. mitted his final estimate showing ance of titIe in the office of the the cost thereof including the cost Recorder in and for Dubuque of estimates notices Inspectlon, County, Iowa, is hereby ratified. and prepar¡nÌ¡ the ";'ssment and SECTION 3. That the City C!erk plat now therefore be and he is hereby authonze.d BE IT RESOLVED, by the City and directed to file a copy of this Council of the City of Dubuque, Resolution in the OffiCe of the Re- That the cost of said improve- corder in and for Dubuque County, ment is hereby determined to be Iowa. $166 232 51 Passed, approved, and adopted That $¡S:379.29 of the cost there. this 17th day of Dece!"ber, 1973. of shall be assessable upon pri- Joseph J. BlIter vale property and $1~653.22 shall Mayor he paid from the R.U.T. Fund of Walter A. Pregler the City of Dubuque. Allan T. Thoms Passed adopted and approved Wayne A. Moldenhauer this 17th day of December, 1973. C. Robe~ Justmann Joseph J. BItter Councilmen Kayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk i Councilman Pregler moved adop- : tion of the resolution. Seconded by tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re. newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purposc of implement. ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That delivery of deeds to the City of Dubuque for the following described parcel of real estate in the Downtown Ur- ban Renewal Project, Iowa R-15, is hereby ratified and accepted by the City of Dubuque. Grantor: William K. Stevens and Anne H. Stevens. Deed dated July 16, 1973. Recorded 7190-73. Prop- erty Description: The Southerly 21.3 feet of City Lot 23 in the City of Dubuque, Iowa (Parcel 8-3) Grantor: First National Bank of Chicago, William K. Stevens. Deed dated July 16, 1973. Recorded 7189-73. Property Description: The Southerly 21.3 feet of City Lot 23 in the City of Dubuque, Iowa. (par. cel 8-3) Grantor: Margaret L. Madsen and Donald H. Madsen. Deed dated June 5, 1973. Recorded 7191-73. Property Description: The North- erly 42.8 feet of Lot 23 in the City of Dubuque, Iowa, according to the United States Commissioners' Plat of the survey of the Town of Dubuque, Iowa. (parcel ~) Grantor: William Bradley Lewis and Grace Lewis. Deed dated June 5, 1973. Recorded 7192-73. Property Description: The Northerly 42.8 feet of Lot 23 in the City of Du- buque, Iowa, acc<>rding to the United States Commissioners' Plat of the survey of the Town of Du- buque, Iowa. (Parcel ~) Grantor: Geoffrey C. Bain, Sr. Deed dated July 2, 1973. Recorded 7193-73. Property Description: The Northerly 42.8 feet of Lot 23 in the City of Dubuque, Iowa, ac- cording to the United States Com- missioners' Plat of the survey of the Town of Dubuque, Iowa (par- cel 8-4A) Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by ¡ Councilman Thoms. Carried by the ! following vote: : Yeas-Mayor Bitter, Councilmen I Justmann, Moldenhauer, Pregler, I Thoms. Nays-None. 644 Special Session, December 17, 1973 Special Session, December 17, 1973 645 Mayor Bitter. Carried by the fol- lowing vote: I Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 404-73 WHEREAS, the contract for the City of Dubuque 1973 Asphalt Pav- ing Project No. I-University Ave- nue from the W.P.L. of McCor- mick Place to tbe E.P.L. of Gil- liam Street. Topics Project No. T- 735-7-(3)-46-31 has been complet- ed and the City Manager has ex- amined the work and filedhiscer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager he approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby direct- ed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percent- age provided for therein. Passed, adopted and approved this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Dubuque County Metropolitan Area Plan- ning Commission submitting Arti- cle of agreement for the East- Central Intergovernmental Asso- ciation and a resolution adopting said articles, presented and read- Councilman Moldenhauer moved approval of the articles of agree- ment. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Passed, adopted and approved this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen RESOLUTION NO. 405-73 WHEREAS, the several commu- uities and County Boards of Su- perviaors in Sub-State District vm have become increasingly aware and concerned over the problems of local government and providing adequate services to their citizens; and WHEREAS, that it is recognized that by joining together to plan and program for this area will provide for the mutual benefit of these local governments and their citizens; and WHEREAS, the attached Arti- I cles of Agreement have been for- mulated under Chapter 28E and Chapter 473A, Code of Iowa, 1966 and recommended to this agency; NOW, THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: That this Resolution serve as this commun- ity's acceptance of the Articles of Agreement as attached hereto; BE IT FURTHER RESOLVED, that the Mayor and City Clerk be, and they are hereby authorized and directed, to execute said agreement for and on behalf of '¡ Dubuque, Iowa. AND BE IT FURTHER RE- SOLVED, that this Resolution be made a matter of public record. Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 4116-73 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, com- posed of Joseph J. Bitter, Mayor, William McEllhiney, Chairroan of the Dock Board, and Robert Dor- othy, Manager of Dubuque Indus- trial Bureau, recommended on Au- gust 6, 1973 to the City Council of the City of Dubuque, Iowa that the application to purchase certain city-owned real estate by Uuited Parcel Service of Omaha, Nebras- ka for the pUrPose of constructing and erecting thereon a building containing approximately 10,000 square feet be approved and, thereafter, on December 6, 1973 said application was amended; and WHEREAS, the City Council of City of Dubuque, Iowa has exam- ined said amended application and said recommendation by the MA- YOR'S INDUSTRIAL COMMlTl'EE and find that the sale of said real estate should be approved; and WHEREAS, said real estate sought to be purchased by Uuited Parcel Service of Omaha, Nebras- ka is described and known as: Lot 1 of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot One of Block 5, "River Front Subdivision No.3," in the City of Dubuque, Iowa, containing 2.052 acres more or less. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the application as amended of United Parcel Ser- vice of Omaha, Nebraska to pur- chase a parcel of city-owned real estate in the City of Dubuque, Iowa which real estate is described and known as: Lot I of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot One of Block 5, "River Front Subdivision No.3," in the City of Dubuque, Iowa, containing 2.052 acres more or less. Be and the same is hereby ap- proved upon the following tenns and conditions: I. That the said real estate be sold to Uuited Parcel Service of Omaha, Nebraska for the construc- tion thereon of a new building containing approximatelY 10,000.00 square feet. 2. That the sale price for said real estate shall be $.25 per square foot in the total amount of Twen- ty-one Thousand, Seven-Hundred Eighty ($21,780-00) Dollars for a certain 200' by 450' lot and the receipt of Twenty-One Hundred Seventy Eight ($2,178_00) Dollars as down payment is herewith ac- knowledged by the City. 3. That construction of said building shall be commenced with- in one (I) year of adoption and the passage of this Resolution and shall be completed within two (2) years of delivery of deed and upon failure so to do or failure to make improvements as to the land with- in one (1) year by the United Par- cel Service of Omaha, Nebraska, purchaser, then said real estate shall automatically revert to the City of Dubuque, Iowa and pur- chase price, less damages, shall be refunded to the purchaser. 4. That the construction of all buildings, yards, parking lots, fences and ancillary improvements shall be constructed in conform- ance with existing City codes, and manufacturing process carried out in accord with City ordinances. 5. That the City of Dubuque, Iowa retains a perpetual easement for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. 6. That all utilities and services to proposed buildings be counect- ed at buyer's expense. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of 646 Special Session, December 17, 1973 Special Session, December 17, 1973 647 intent to dispose of interest in NIl estate as is h7 law required. Passed, approved and adopted this 17th day of December, 1973- Joseph J. Bitter MayOr C. Robert Justm8Jll1 Wallet' A. Pregler Allan T. Thoma Wayue A Moldenhauer Councilmen Attest: Leo F. Frommelt Cit)' Clerk CcHm<:llinan Pregler moved ad0p- tiOn of the resolution. Seconded h7 M"",r Ditter. carried bJ the fol- lowing vote: Yeas-Mayor Bitter, Councilmen J_nn, Moldenhauer, Pregler, Tboms. N~one. RESOLUTION NO. 407-13 BE IT RESOLVED bJ the City Council of the City of Dnbuque, lowa, that the following having complied with the pl1lvisions of law relatinc tu the sale of Ciga- - within the City of Duboque, Iowa, be granted a penult to sell Cigarettes and Cigarette Papers within said City. Howard E. Query, dba C K of Du- buque, 1IIc. (Effective January 2, 1974), 3187 University Avenue lIüthael J. SkahlII, dba SkahiU Staadard, 205 Locust Street Geae F. Sullivan and James D. Delaney, dba The King of Clubs, 1902 Central Avenue Eugene L. Kopp, dba The Down- towner, 951 Main Street BE IT FURTHER RESOLVED that the bonds filed with the ap- pl.ication be approved. P....ed, adepted and approved tIüo 17th day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor BiUer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhaner, Pregler, Thoms. N~ounci1man Justmann. RESOLUTION NO. 408-73 WHEREAS, applications for Beer Penults were filed by the within named applicants and they have received the _val of this Council; and WHEREAS, the premises to be &ccupled 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 authorized to cause to be issued to the following named applicants a Beer Penult CLASS HBH BEER PERMITS William J. Baum, dba The Sawn Shelter, 3165 Central Avenue CLASS "C'" BEER PEltMITS John Neumeister, Neumeisters Market, 729 Lincoln Avenue Donald E. Wertz, Wertz Market, 1545 Sooth Grandview John J. Heiderscheit, Jobnnies Market, 1278 Central Avenue Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor C. Robert JusimAnn Walter A. Pregler Allan T. Thoms Wayne A Moldenhauer Councilmen CLASS "C" BEER PERMITS John Neumeister, Neumeisters Market, 729 Lincoln Avenue Donald E. Wertz, Wertz Market, 1545 South Grandview John J. Heiderscheit, Johnnies Market, 1278 Central Avenue Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor C. Robert Justmann Walter A Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 410-73 WHEREAS, applications for Liquor Licenses have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved aud licenses issued upon the compliauce with the provisions of Chapter 131, Acts of the First Regular Session, 64th General A1!o- sembly. Attest: Leo F. Frommelt CIty Clerk Councilman Moldenhauer moved adoption or the resolution. Sec- onded by Mayor Bitler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 409.73 WHEREAS, applications for Beer 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 penults issued upon the compliance with the terms of the ordinance. of ÜIe City. CLASS "8" BEER PERMITS William J. Baum, dba The Baum Shelter, 3165 Central Avenue CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSES Geue F. Sullivan and James D. De- laney, dba King of Clubs, 1902 Central Avenue Eugene L. Kopp, dba The Down- towner, 951 Main Street Beverly A. Glynn, dba The Bar- rell, 1121 University Avenue Lorraine Gordon, dba Gordon's Beer Store aud Tap, 2327 Cen- tral Avenue James P. Kachevas, dba Demetri's Restaurant and Viking Lounge, 665 Dodge Street I Benevolent and Protective Order of Elks #297, 7th and Locust Street Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor C. Robert Justmann Walter A. Pregler Allan T. Thoms Wayne A Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 411.73 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSES Gene F. Sullivan and James D. De- laney, dba King of Clubs, 1902 Central Avenue Eugene L. Kopp, dba The Down- towner, 951 Main Street Beverly A. Glynn, dba The Barrell, 1121 Uuiversity st. Lorraine Gordon, dba Gordon's Beer Store and Tap, 2327 Cen- tral Avenue James P. Kachevas, dba Demetri's Restaurant and Viking Lounge, 665 Dodge Street Benevolent and Protective Order of Elks #297, 7th and Locust SI. 648 Special Session, December 17, 1973 Special 'Session, December 27, 1973 649 Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor C. Robert Justmann Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen CITY COUNCIL Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Mayor Bitter submitted the name of Herbert Bisping to serve on the Dock Commission to re- place F. J. Schreiber. MOTION DIED FOR LACK OF A SECOND. Councilman Pregler moved that the appointment consideration be tabled and referred to the Council. MOTION DIED FOR LACK OF A SECOND. There being no fur- ther business Councilman Pregler moved to adjourn. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Leo F. Frommelt City Clerk (OFFICIAL) Special Session, December 27, 1973. Council met at 7:00 P.M. (C.S.T.) Present - Mayor Bitter, Coun- cilmen Justmann, Moldenhauer, Pregler, ThOJl1s. City Manager Gil- bert D. Chavenelle. Mayor Bitter read the call ~and stated that service thereof had been duly made and this meeting is called for the purpose of CON. SIDERING APPOINTMENTS TO THE VARIOUS BOARDS AND COMMISSIONS and acting upon such otber business as may prop- erly come before a regular meet- ing of tbe Council. Councilman Justmann moved that the Council go into executive session to consider appointments to various Boards and Commis- sions. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Nays-None. Absent-Councilman Thoms. Councilman Thoms entered the I Council Chamber at 7:10 P.M. At 7:52 P.M. the Council reconvened in regular session with the an- nouncement by the Mayor that no conclusions were reached on ap- pointments to Boards or Commis- sions. Councilman Moldenhauer moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Mr. James Kisting of Dubuque Life Insurance Co. again made in- quiry as to the status of the city- owned property adjacent to Bram- mer Store property located at Uni- versity & Delhi Streets. Councilman Pregler moved that the City Manager be authorized to institute proper proceedings on the property adjacent to Bram- mer's contingent upon submission to the Council. Seconded by Coun- Approved ,,".m'" ...................lOO'4 Ado¡pted . ......19M ........................................,................. .......................................................,.. Councilmen Attest: ................ ..m City Clerk cilman Justmann. Carried by the following vote: Yeas - Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-Mayor Bitter. Councilman Moldenhauer moved that the Recreation Commission be authorized to proceed to bring to a referendum the matter of indoor recreational facilities. Seconded by Councilman Pregler. Afier some discussion Council- man Moldenhauer moved that the motion be tabled until the meet- ing of January 7th, 1974. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Councilmen Juslmann, Moldenhauer, Pregler, Thoms. Nays-Mayor Bitter. Councilman Justmann moved that the Dock Commission be in- structed to provide the Council with an up-dating of Wharfage rates on an increase over time; es- calator clauses in leases; lease vio- lators; a comparative study of rates from other cities; extend leases on a month-to-month basis until completion of study is made; and for the present no new leases. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 412-73 WHEREAS, Walter F. Gilligan was a long time resident of East Dubuque, Illinois, honored and es- teemed by his fellow citizens; and WHEREAS, Walter F. Gilligan served many terms as Mayor of the City of East Dubuque, illinois, over a span of years; and WHEREAS, Walter F. Gilligan served his City unselfishly and discharged the duties of his of- fice with ability and human warmth; and WHEREAS, Walter F. Gilligan as Mayor of East Dubuque, Illinois cemented closer and closer and more effective relations with this City; and WHEREAS, Walter F. Gilligan died on December 25th, 1973 and his death should be memorialized by this Council; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: 650 11. Construct doors at fire escape exists $550/4 doors .............. 2,200.00 12. Repair fire escapes....- Total Cost ..................$84,500.00 John L. White, P.E. City Engineer Councilman Moldenhauer moved that the City Manager be instruct- ed to proceed with bidding docu- ments on necessary improvements of City Hall as described in City Engineer's letter of December 20th. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Nays-Councilman Thoms. Mayor Bitter moved that the mo- tion be tabled until the first meet- ing in January. Seconded by Coun- cilman Thoms. Vote on the motion was as follows: Yea&-Mayor Bitter, Councilman Thoms. Nays - Councilmen Justmann, Moldenhauer, Pregler. Tbere being no further business Conncilman Thoms moved to ad- journ. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Leo F. Frommelt City Clerk Special Session, December V. 1973 Section I. That the City Council of the City of Dubuque, Iowa, does hereby express its sadness occa- sioned by the death of their friend, Honorable Walter F. Gilligan, Ma- yor of East Dubuque, Illinois, and shares with all the family and friends of Walter F. Gilligan the deep loss of his departure and does hereby officially extend sym- pathy and love to the family, friends and associates of Walter F. Gilligan, and officially wish to me- morialize a legal public servant who left his deep mark as he passed through this life. Section 2. That the City -Clerk be and he is herebly ordered to transmit a certified copy hereof, under the seal of the City, to the family of Walter F. Gilligan. Dated at Dubuque, Iowa, this 27th day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. December 20, 1973 To the Honorable Mayor and City Council Please find enclosed letter with recommendations of the miuimum amount of work to be done on City Hall to make it safe for occu- pancy. The following work suggested in attached letter is required by the Fire Code or Building Code. 1 Electrical work ..........$29,300.00 2. Sprinkler system in hall on 1st and 2nd floor """""'........."""" 25,000.00 3. Sprinkler system in basement .................... 13,000.00 4. Enclose stairwell on 1st and 2nd floor ...... 5,500.00 5. Construct blockwall and fix ceiling around furnace ........................ 3,500.00 8. Place new liner in chimney...................... 6,000.00 A:p¡proved ....19714 AOOpted . ...........................ŒBM ............................................................ ............................................................ Councilmen Attest: ............................... City Clerk.