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1971 November Council Proceedings Regular Session, November 1, 1971 CITY COUNCIL OFFICIAL Regular SessIon, November I, 1971. Council met at 7:30 P.M. IC.S.T.) Present_ayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. City Man_r Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is the REGULAR MONTHLY MEETING of the City Council call- ed for the purpose of acting upon such business as may properly come before the meeting. Councilman Pregler moved that the rules be suspended in order I to let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Two legionnaires of Post No.6 presented the Mayor with an American flag in memory of the late Police Captain Byrne O'Brien, who represented the best in Amer- ican citizenship. Councilman Moldenhauer moved acceptance of the American flag in memory of former Police Captain Byrne O'Brien. Seconded by Coun- f~~:: ;~::Ier. Carried by the fol- I Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, MoldeDbau- er, Pregler. Nays-None. Lt. Sanderson of the Navy League informed the Council of a change in command in San Diego for the US.S. Dubuque. Mayor Couchman informed him that he was aware of the fact and had al- ready sent a letter. Communication of Kenny Re- habilitation Institute advising of their plan to conduct a house to house drive for funds from Novem- ber 25 thru December 25, 1971, presented and read. Councilman Pregler moved approval with in- structions to refer the communi- I cation to the City Manager. Sec- 439 onded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Your Town Clock Committee requesting that the remaining debt of $2500. due Walser Rapid Transit be paid for balance of worro completed on the Town Clock also submitting two pledges one in the amount of $2000. from The Telegraph Her- ald Foundation Inc. due March 31, 1972 and one of $500. from the Stampfer Building Company due in January 1972, presented and read. Councilman Pregler moved that the request be granted. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, MoldeDbau- er, Pregler. Nays - None. October 26, 1971 To the Honorable Mayor and City Council f request your authorization to pay $2,500.00 to the Walser Rapid Transit Company for work done on the city clock. The funds will be paid from the General Fund-Land Sales Account. It is expected that the city will be reimbursed in 1972 according to the attached letter from the Treasurer of Your Town Clock Committee. Respectfully requested, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the request be granted as an ad- vance to bc repaid on pledges. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays - None. October 26, 1971 To the Honorable Mayor and City Council I will be absent from the city November 6th through the 11th. I request that the City Clerk be authorized to sign city papers dur- ing my absence. These papers will 440 Regular Session, November 1, 1971 Regular Session. November 1, 1971 441 consist largely of purchase orders and payment vouchers. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman Meyers moved ap- proval of the request. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays - None. October 27, 1971 To the Honorable Mayor and Members of the City Council This is to advise that I have approved the following policies and bond, and desire to have your approval of same. COMPREHENSIVE LIABILITY William L. Becker Jr., Harold J. Becker, Walter P. Becker & Rog- er V. Becker, D/B/A William Becker & Sons Stone Co., Iowa Mutual Insurance Co. Frank Berwanger Boiler Shop Inc., Bituminous Casualty Corpora- tion Donald L. Ohmert, American States Insurance Company SIDEWALK James Morton, D/B/A Morton Con- struction Co., United Fire & Cas- nalty Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved fil- ing approval of the policies and bond subject to approval of the City Solicitor. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- eilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. October 29, 1971 To the Honorable Mayor and City Council Please find attached a plat show- ing Lots 2 and 3 of Newman, Cooper, and Smyth Subdivision which are located near the inter- section of Dodge and Bluff Streets in the City of Dubuque, Iowa. It is felt that these two lots are in close proximity to possible right"of-way expansion in this gen- eral area for roadway purposes. 111 light of this, we respectfully request your authorization to make .'Ot" a formal offer to purchase these two parcels. It is proposed to utilize Road Use .Tax Funds for payment if our offer should be ac- cepted. Your consideration of this pro- posal is greatly appreciated. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Bitter moved defer- ral of action to next Wednesday meeting. Motion died for lack of second. Councilman Pregler moved ap- proval of the Manager's request to submit offer to purchase the property. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er; Pregler. Nays-None. Notice of Claim of Mrs. Mathilda M. Klein, in an undetermined amount, for personal injuries re- ceived in a fall on a defective side- walk at 16th & Jackson Street on October 13; 1971, presented and read. Councilman Pregler moved that the notice of claim be refer. red to the City Solicitor for in- vestigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter. Meyers, Moldenhau- er, Pregler. Nays-None. Original notice and petition for declaratory judgment and. tem- porary and permanent injunction filed by Richard J. & Kathryn Koos claiming they cannot be subject to voluntary petition for annexation of their property without their consent, presented and read. Coun- cilman Pregler moved that the notice be referred to the City Sol. icitor for investigation and re- port. Seconded by Councilman ~~~~rs. Carried by the following I Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. October 29, 1971 To the Honorable Mayor and City Council I herewith submit the monthly reports of the City Auditor for July, August and September 1971. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Low-Rent Housing Commission submitting minutes of their meeting of Octo- ber 26, 1971, presented and read. Councilman Meyers moved that the minutes be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen ßitter, Meyers, Moldenhau- er, .Pregler. Nays-None. Notice of Claim of Loriel L. Parker, in the amount of $92.00, for damage incurred as the result of a backed-up sanitary sewer at his home at 1635 Catherine Street on October 17, 1971, .presented and read. Councilman Pregler mov- ed that the claim be referred to the City Attorney for investiga- tion and report. Seconded by ORDINANCE NO. 60-71 An Ordinance Amending Ordi- nonce No. 14-59 as amended by repealing Section 1 thereof and enacting a new section In lieu thereof, presented and .read. Councilman Meyers moved that the reading just had be consid- ered the first reading of the Or- dinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- c:ilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Couneilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council. man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. onn....... No. ..." Ordinance Re.eali"" i"" New IE CiTY OF OU- be in oft", PO" . _"do ,- ""'-,ppmv.. mi. h' dov of November 1971. GeVierd M. Co""'m,n Me"", Welter A. Pregler W,v," A. MoId"h,"er Oooeld R. Mever. J..ePh J. .""r Co""cnm" TeI.."Ph- 8m dey of Leo'F. Frommelt City Ci... It. illS Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Clarke College re- questing permission to conduct a parade on November 9th as part of Environmental Week, it being planned to pick up trash and lit. ter in the streets in various are.. of the City dUring the line of march, presented and read. Mayor Couchman moved that the peti- tion be granted and referred to the Manager. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 442 Regular Session, November 1, 1971 RESOLUTION NO. 313-71 Preliminary Estimate and ap- I proval of plans, specifications, form of contract, plat and all other documents, for the construction of CITY OF DUBUQUE 1971 WATER MAIN EXTENSION PROJECT NO. 1, CONTRACT I-SECTION 1- Rockdale Road Water Main Exten. sion-Contract 1 Section 2 South- ern Avenue Water Main Exten- sion, in an estimated cost of $224,082.50, presented and read- Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 314-71 WHEREAS, proposed plans, spe- cifications, form of contract have I been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the fol- lowing: 1. An estimate of the cost of the proposed improvement for the City of Dubuque 1971 Water Main Extension project No.1. Contract l-Section l-Rock- dale Road Water Main Extension. Contract l-Section 2-Southern Avenue Water Main Extension. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property I owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improve- ment, they shall be deemed to have waived all objections there. !/>. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Water Works General Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 1st day of November, 1971. Approved and placed on file for final action. APPROVED: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved approv- al of the resolution- Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau- er, Pregler. Nays-None. (Fixing Date 01 H..rlng) RESOLUTION NO. 315-71 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the City of Dubuque 1971 Wa. ter Main Extension Project No.1. Contract l-Section l-Rockdale Road Water Main Extension. Con- tract l-Section 2-Southern Ave- nue Water Main Extension. BE IT THEREFORE RESOLVED that on the 6th day of December, 1971, a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he i. hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Regular Session, November 1, 1971 Passed, adopted and approved shall be assessable upon private this 1st day of November, 1971. property and $11,663.19 shall be Gaylord M. Couchman paid from the Parking Ramp con- Mayor struction Fund of the City of Du- Walter A. Pregler buque. Wayne A. Moldenhauer Passed, adopted and approved Donald R. Meyers this 1st day of November 1971. Joseph J. Bitter Gaylord M. Couchman Councilmen Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. October 7, 1971 To the Honorable Mayor and City Council This is to advise you that the construction of contract Storm Sewer on Sixth Street and Alley between Main Street and Iowa Street and work incidental thereto in and for the City of Dubuque, Iowa has been completed in ac- cordance with plans, specifications and the contract by and between M. F. Goerdt Construction Com- pany of Dubuque, Iowa and the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. FINAL ESTIMATE RESOLUTION NO. 316-71 WHEREAS, the contract for the Storm Sewer on Sixth Street and Alley between Main Street and Iowa Street has been completed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and plate, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $11,663.19. That NONE of the cost thereof ~-_.... 443 Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (A R_lution Accepting Improvement) RESOLUTION NO. 317.71 WHEREAS, the. contract for the Storm Sewer on Sixth Street and Alley between Main Street and Iowa Street has been completed and the City Manager has exam- ined the work and filed his cer- 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 be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Parking Ramp Construction Fund in amount equal to the amount of his con. tract, less any retained percentage provided for therein. Passed, adopted and approved this 1st day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 444 Regular Session, November 1, 1971 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 318-71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. Brookside Dairy, Inc. 1540 Central Avenue William R. Jotham, 2987 Jackson Street Jeanette M. Kroeger, 431 Rhom- berg Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 1st day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded I by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 319.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the Cily of Dubuque, that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMITS Beecher Co., Inc., 2399 White Street John F. Glynn, 760 East 16th Street ,"'" American Veterans of WW II & Korea Post #3, 36 West 4th Street Richard Hillard, 521 East 22nd Street Marcella McCarty, 2093 Washing- ton Street William R. Jotham, 2987 Jackson Street Jeanette M. Kroeger, 431 Rhom- berg Avenue CLASS "c" BEER PERMIT Florence E. Chalder, 113 Main Street Warehouse Market, J. F. Kennedy Road Lil' Giant Food Stores, Inc., 1101 Rhomberg Avenue Passed, adopted and approved this 1st day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 320-71 WHEREAS, applications for Beer Permits 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 THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit, CLASS "B" BEER PERMIT Beecher Co., Inc., 2399 White Street John F. Glynn, 760 East 16th Street American Veterans of WW II & Korea Post #3, 36 West 4th Street Ilichard Hillard, 521 East 22nd Street Regular 'Session, November 1, 1971 Marcella McCarty, 2093 Washing- Passed, adopted and approved ton Street this 1st day of November, 1971. William R. Jotham, 2987 Jackson Gaylord M. Couchman Street Mayor Jeanette M. Kroeger, 431 Rhom- Walter A. Pregler berg Avenue Wayne A. Moldenhauer CLASS "c" BEER PERMIT Donald R. Meyers Floreuce E. Chalder, 113 Main Joseph J. Bitter Street Councilmen Lil' Giant Food Store, 1101 Rhom- Attest: berg Avenue Leo F. Frommelt Warehouse Market, J. F. Kennedy City Clerk Road Passed, adopted and approved. Councilman Pre~ler moved adop. this 1st day of November 1971 lIon of the resolutlOn. Seconded by BE IT FURTHER RESOLvÈD Councilman Bitter. Carried by the '. followmg vote: th~t the bonds fIled wIth the ap. Yeas - Mayor Couchman, Coun- phcatlOn be and the same are cilmen Bitter, Meyers, Molden- hereby approved. hauer, Pregler. Gaylord M. Couchman Nays - None. Mayor Walter A. Pregler RESOLUTION No. 322-71 Wayne A. Moldenhauer WHEREAS, applications for Li- Donald R. Meyers quor Permits were filed by the Joseph J. Bitter within n~ed applicants and the,Y Councilmen 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 is- sued to the following named appli- cants a Liquor Permit. Class "c" Commercial Establishment John F. Glynn, 760 East 16th St. Ilichard Hillard, 521 East 22nd St. Doris Tigges, 2776 Jackson Street Frank & Phyllis Licciardi, 504 Bluff Street William R. Jotham, 2987 Jackson Street Jeanette M. Kroeger, 431 Rhom- berg Avenue Passed, adopted and approved this 1st day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen 445 Attest: Leo F. Frommelt City Clerk Councilman Pregler moved aop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION No. 321.71 WHEREAS, applications for Li- quor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT R- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 67th General Assembly, 1967. Class "c" Commercial Establishment John F. Glynn, 760 East 16th St. Richard Hillard, 521 East 22nd St. Doris Tigges, 2776 Jackson Street Frank & Phyllis Licciardi, 504 Bluff Street William R. Jotham, 2987 Jackson Street Jeanette M. Kroeger, 431 Rhom- berg Avenue Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by 446 Regular Session, November 1, 1971 Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Mayor Couchman submitted the name of Leonard J. Backes for re- appointment to the plumbing Board for a five year term to No- vember 2, 1976. Councilman Mol- denhauer moved ratification of the appointment. Seconded by Mayor Couchman. Carried by the follow- ing vote: I Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Councilman Pregler moved that the City Solicitor be authorized to start action to effect the repair of all railroad crossings in the City. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler- Nays - None. Mr. Paul Ombruni of H. D. & fL gave a progress report on the findings of the odor problem at the Sewage Disposal Plant by stat- I ing the oxygen demand cannot be satisfied at the present time. Mr. Bob Reims stated that the load today is equal to the anticipated load of 1986. Mr. Dan Schmidt of 1316 Lincoln Ave. and Mrs. Tom Tully of Fox DrIve were wonder- ing how long the odor problem will last. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Leo F. Frommelt City Clerk "...,,~ . Approved ......................................1972 Adopted ........................................1972 .......................................................... .......................................................... .......................................................... ..........................................-............... """""""'C;;;;;;:~iï;;;ë;;:"""""""""'" Attest: """"""""'ëiïŸ"C¡;;;t""""""" Special Session, November 3, 1971 CITY COUNCIL OfFICIAL Special Session, Novamber 3, 1971. Council met at 4:30 P.M. (C.S.T.I. Presant - Mayor Couch....n, Councilmen Meyen, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent - Councllmon Bitter. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of DECLARING THE RESULTS AND SUBMITTING A CANVASS OF THE REGULAR MUNICIPAL EL- ECTION HELD ON NOVEMBER 2, 1971 and acting upon such other business as may properly come be- fore a regular meeting of the Council. November 3, 1971 To the Honorable Members of the City Council Gentlemen: In accordance with the provis- ions of Section 50.21 of the 1971 Code of Iowa, on November 3, 1971, we made a public canvass of the election returns of the REGULAR MUNICIPAL ELEC- TION held on November 2, 1971, and herewith submit the report of said canvass. We, Gaylord M. Couchman, Mayor of the City of Dubuque, 447 Iowa, and Leo F. Frommelt, Clerk of the City of Dubuque, Iowa, do hereby certify that we publicly canvassed the election returns of the REGULAR MUNICIPAL EL- ECTION and find the following results: Nominated by Generel Election For Councilmen - 4 year term. C. Robert Justmann 5857 votes Alan T. Thoms 5675 votes Nominated by General Election For Park Board Dominic Goodman 7314 votes Nominated by General Elactlon Municipal Judiciary Ballot For Court Judges - 4 year term. Karl Kenline 6327 votes Frank D. Gilloon Jr. 5861 votes For Court Clerk Joseph A. Stiber 7138 votes For Court BalllH Elmer D. Johanningmeier 7255 votes Respectfully submitted, Gaylord M. Couchman Mayor Leo F. Frommelt City Clerk Councilman Pregler moved that the canvass be received and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Bitter. Special Session, November 3, 1971 REGULAR MUNICIPAL ELECTION, NOVEMBER 2, 1971, CITY OF DUBUQUE, IOWA 448 F.. C.u...l.... F.. P.,k F.. F.. Commin;.'" F., Judge. CIe,k Bam" i ¡¡ &: i: H u <Coo ui ;¡e n cc> tc !¡ ú~ =Ï E. woo ,,~ c. ~t: J Ë~ ¡¡t: c ,C, 0.1 ¡~ ~OO . } èE .~ U ¡¡~ j h ,"u è~ d .= ¡ii ! '5ii """ 1st t45 600 443 671 796 2511 633 657 733 749 1168 2nd 346 543 381 542 630 248 510 560 587 617 964 3rd 150 170 143 159 275 57 176 190 217 216 348 4th 100 111 110 113 153 63 131 147 150 151 265 5th 236 290 227 249 355 133 290 310 344 347 534 6th 438 626 548 617 781 308 571 620 711 712 1184 7th 66 84 89 65 99 53 75 79 95 96 173 6th 127 183 140 154 219 72 162 172 197 203 329 9th 155 ZOO 196 149 233 104 191 227 23'1 229 370 10th 217 289 218 262 359 135 276 316 353 364 529 11th 345 475 416 453 572 251 479 525 583 591 888 12th 159 174 189 138 216 110 189 190 214 223 352 13th 308 327 454 297 455 223 376 412 476 457 742 14th 326 391 463 413 542 255 430 437 526 554 848 15th 269 383 386 302 419 266 348 370 443 456 729 16th 514 685 562 713 834 364 678 734 843 861 1299 17th 198 316 262 378 376 191 346 381 424 429 602 ---------- - Total 4419 5857 5227 5675 7314 3092 5661 6327 7138 7255 11294 RESOLUTION No. 323-71 WHEREAS, the Mayor and City I Clerk have heretofore pursuant to . the provisions of Section 50.21 Code of Iowa 1971, met and can- vassed the returns of the Regular Municipal Election held in the City of Dubuque on November 2, 1971 and certüied the results to the City Council; and WHEREAS, the City Council has examined said certificate and finds that the following have been elected for the following offices: COUNCILMEN for term begin- ning January 1, 1972, four year term to 12-31-75. C. Robert Justmann Alan T. Thoms PARK COMMISSIONER Regular Term Commencing January 1, 1972, six year term to 12-31-76. Dominic Goodmann MUNCIPAL COURT JUDGES - Four year term commencing Jan- uary 1, 1972. Frank D. Gilloon Jr. Karl Kenline ><"ì7 MUNICIPAL COURT CLERK- Four year term commencing Jan- uary 1, 1972. Joseph A. Stieber MUNICIPAL COURT BAILIFF- Four year term commencing Jan- uary 1, 1972. Elmer D. Johanningmeier NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa: Section 1. That C. Robert Just- mann and Alan T. Thoms are here- by declared elected to the office of Councilman of the City of Du- buque for the terms commencing on or before noon of the second secular day of January 1972. Section 2. That Dominic Good- mann is hereby declared elected to the office of Park Commissioner for a six year term commencing January 1, 1972. Section 3. That Frank D. Gilloon Jr. and Karl Keuline are hereby declared elected to the Municipal Court as Judges for a four year term commencing January 1, 1972. Special Session, November 3, 1971 Section 4. That Joseph A. Stieb- er is hereby declared elected to the Municipal Court as Clerk for I Approved ......................................1972 a four year term commencing Jan- uary 1, 1972. Section 5. That Elmer D. Johan- I Adopted ........................................1972 ningmeter is hereby declared elec- ted to the Municipal Court as Bail. iff for a four year term commenc- ing January I, 1972. Section 6. That the City Clerk be and he is hereby authorized and directed to issue certificates of election to the foregoing indi. viduals for the respective offices in which they have been elected. Passed, adopted and approved this 3rd day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer DO~~~~c~;;,~:yers I Attest: """""""'ëiiy'C¡;¡;"""""""" 449 """"""""""""""""""""""""""""" """""""""""""""""""""""""-""'" """"""""""""""""""""""""""""" Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. Communication of William A. Conzett, submitting his resigna- tion as Assistant City Solicitor, ef- fective immediately, presented and read. Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. There being no further business Councilman Pregler moved to ad- journ- Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Leo F. Frommelt City Clerk '__M-"" Special Session, November 3, 1971 REGULAR MUNICIPAL ELECTION, NOVEMBER 2, 1971, CITY OF DUBUQUE, IOWA 448 F., C.uodl.... F., P..k F., F., Commin..'" F.. Judge. CIe.k &am" i i &: i: H tZ <e" ~ u n co t 1: =1 ú~ =Ï E. woo ,.:~ c. ~t: J Ë~ ¡¡t: C .c' o.! ¡~ ~OO . I èl .~ U ¡¡~ i Ii t-u è~ d &:ii ! 'iii ",. 1st t45 600 443 671 796 2511 633 657 733 749 1168 2nd 346 543 381 542 630 248 510 560 587 617 964 3rd 150 170 143 159 275 57 176 190 217 216 348 4th 100 111 110 113 153 63 131 147 150 151 265 5th 236 290 227 249 355 133 290 310 344 347 534 6th 438 626 548 617 781 308 571 620 711 712 1184 7th 66 84 89 65 99 53 75 79 95 96 173 8th 127 183 140 154 219 72 162 172 197 203 329 9th 155 ZOO 196 149 233 104 191 227 2311 229 370 10th 217 289 218 262 359 135 276 316 353 354 529 11th 345 475 416 453 572 251 479 525 583 591 888 12th 159 174 189 138 216 110 189 190 214 223 352 13th 308 327 454 297 455 223 376 412 476 457 742 14th 326 391 463 413 542 255 430 437 526 554 848 15th 269 383 386 302 419 266 348 370 443 456 729 16th 514 685 562 713 634 364 678 734 843 861 1299 17th 198 316 262 378 376 191 346 381 424 429 602 ---------- - Total 4419 5857 5227 5675 7314 3092 5661 6327 7138 7255 11294 RESOLUTION No. 323-71 WHEREAS, the Mayor and City I Clerk have heretofore pursuant to ' the provisions of Section 50.21 Code of Iowa 1971, met and can- vassed the returns of the Regular Municipal Election held in the City of Dubuque on November 2, 1971 and certUied the results to the City Council; and WHEREAS, the City Council has examined said certificate and finds that the following have been elected for the following offices: COUNCILMEN for term begin- ning January 1, 1972, four year term to 12-31-75. C. Robert Justmann Alan T. Thoms PARK COMMISSIONER Regular Term Commencing January 1, 1972, six year term to 12-31-76. Dominic Goodmann MUNCIPAL COURT JUDGES - Four year term commencing Jan- uary 1, 1972. Frank D. Gilloon Jr. Karl Kenllne MUNICIPAL COURT CLERK- Four year term commencing Jan- uary 1, 1972. Joseph A. Stieber MUNICIPAL COURT BAILIFF- Four year term commencing Jan- uary 1, 1972. Elmer D. Johanningmeier NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa: Section I. That C. Robert Just- mann and Alan T. Thoms are here- by declared elected to the office of Councilman of the City of Du- buque for the terms commencing on or before noon of the second secular day of January 1972. Section 2. That Dominic Good- mann is hereby declared elected to the office of Park Commissioner for a six year term commencing January 1, 1972. Section 3. That Frank D. Gilloon Jr. and Karl Kenline are hereby declared elected to the Municipal Court as Judges for a four year term commencing January 1, 1972. Special Session, November 3, 1971 Section 4. That Joseph A. Stieb- er is hereby declared elected to the Municipal Court as Clerk for I Approved ......................................1972 a four year term commencing Jan- uary 1, 1972. Section 5. That Elmer D. Johan- I Adopted ........................................1972 ningmeier is hereby declared elec- ted to the Municipal Court as Bail. Uf for a four year term commenc- ing January 1, 1972. Section 6. That the City Clerk be and he is hereby authorized and directed to issue certificates of election to the foregoing indi. viduals for the respective offices in which they have been elected. Passed, adopted and approved this 3rd day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer DO~~~~c~;n~:yers I Attest: """""""'ëiiy'Ci;k"""""""" 449 .......................................................... """"""""""""""""""""""""""""" Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. Communication of William A. Conzett, submitting his resigna- tion as Assistant City Solicitor, ef- fective immediately, presented and read. Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. There being no further business Councilman Pregler moved to ad- journ- Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couçhman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Leo F. Frommelt City Clerk 450 Special Session, November 15, 1971 Special Session, November 15, 1971 451 CITY COUNCIL OFFICIAL Special Session Novambar IS, 1971. Council met at 7:30 P.M. (C.s.T.) P....nt - Mayor Couchman, Councilmen Bitter, Meyers, Mol. denhauer, Pregler. City Man_r Gilbert D. Chav_lIe. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Co... ductlng a Public Hearing on the Resolution of Necessity for tile Construction of J.F.K. Rood Senl. tory Sewer from Spring Vallay Rood North-East Side, and acting upon such other business as may properly come before a regular meeting of the Council. Mayor Couchman read a com. munication from Vincent J. Kaiser submitting his resignation as a member of the Dock Commission. Councilman Pregler moved that the resignation be accepted with regret and a letter of appreciation be sent. Seconded hy Councilman Meyers. Carried hy the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Mayor Couchman submitted the name of Rev. Alfred Ede as a re- placement for Rev. Vincent Hatt as an appointment on tbe Human Rights Commision, for the unex- pired term to January 1, 1974. Councilman Bitter moved ratifica- tion of the appointment. Second- ed by Councilman Pregler. CarrIed by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of Regular Mu- nicipal Election Ballot of Novem- ber 2, 1971, as published on Oc- tober 29, 1971 presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Urban Re- newal Director requesting that Mr. Wayne Norman Chairman of the Executive Committee of Five Flags be given an opportunity to make a presentation on the Five Flags Center Project, presented and read. Councilman Pregler moved that the communication be re- ceived and filed and that the rules be suspended in order to let any- one present address the Council if they so desire. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. Mr. Wayne Norman submitted a report on the Five Flags Civic Center Project with the announce- ment of the inauguration of a campaign goal of $1,300,000. to finance the project. November 15, 1971 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1971 Code of Iowa the Civil Service Commission conducted entrance examinations on April 6, 1971, for appointment to the Fire Depart- ment. The following named applicant has passed both the written and pbysical examinations and is here- by certified for appointment. Hogan, Theodore J. 71% Respectfully submitted, LeRoy H. Giles Chairman Louis F. Fautsch Commissioners onded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler- Nays-None. November 11, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to vacate an alley which lies adjacent to Lot 1 and Lot 2 of Gmehle's Subdivision, in the City of Dubuque, Iowa. It is the opinion of the Com- mission that there is no present or forseeable future public needs for the right-of-way, and recom- mend that the alley be vacated subject to easements for utilities. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved that the recommendation be referred for proper procedings. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. November 15, 1971 To the Honorable Mayor and City Council I hereby request authority to proceed with the preparation of plans and specifications for Phase n construction of the City of Du- buque Waste Water Treatment Facility as proposed in the report prepared by Henningson, Durham & Richardson and CuUen-Schiitz & Associates. H this authority to proceed is granted, I will make arrangements for the work to be completed by the consultants according to Part n and Part ill of the agreement between the City and H. D. .. R. dated April 11, 1966 and supple- mental agreement dated June 11, 1970. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before before me this 15th day of No- vember 1971. Violet Sevary Notary Public Councilman Meyers moved that the communication be received and made a matter of record. See- Respectfully submitted, Gilbert D. Cbavenelle City Manager Councilman Pregler moved ap- proval with authorization to pro- ceed with Phase n. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Milton Kapp, in the amount of $52.68, for car damage received as the result of a fallen tree limb striking the car at 1005 32nd Street on October 30, 1971, presented and read. Coun- cilman Pregler moved that the notice of claim be referred to the City Attorney for investigation and report- Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er. Pregler. Nays-None. Notice of Employers Mutual Companies of subrogation interest and lien in behalf of their insured, Standard. Forwarding Co., in the amount of $1200., as the result of their truck striking a low hanging tree branch in the 2500 block of Central Ave. on 9-9-71, presented and read. Councilman Pregler moved that the Notice be referred to the City Attorney for investiga- tion and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Ray Stuart Jr. by attorney Victor Sprengle- meyer, in the amount of $70. as the result of the police department depriving Mr. Stuart to collect for repair of an automobile owned by Betty Shannon, which was towed away by the police prior to his right of possession under the Me- chanic's Lien Statute, on October 20, 1971, presented and read. Coun- cilman Pregler moved that the notice of claim be referred to the City Attorney for investigation and report. Seconded by Councilman Bitter- Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Kenneth HaIly Trowbridge of 2714 Pinard St., by M. S. McCauley, attorney, in the 1 I!llllllijllØl Ij illlilllil¡lilllll ,I 452 Special Session, November 15, 1971 =::~t io,; ~7~~ Cr: :O':~~~ ~i I 2545 to 2549 Jackson Street as the result of negligence on the part of the City in the maintenance of too-high a crown and too-Iowa percentage of aggregate in the pavement mixture to maintain a non-slippery surface during wet conditions on September 26, 1971, 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 Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Mrs. Margaret Laugesen, In an indetermined amount, for personal injuries re- ceived in a fall on a defective I side walk at 540 Hill Street on October 14, 1971, presented and read. Councilman Pregler moved that the notice of claim be re- ferred to the City Attorney for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau- er, Pregler. Nays-None. Petition of John J. Glynn re- questing a refund in the amount of $50. on the unexpired portion of cigarette license No. 76, as he has discontinued business on No- vember 6, 1971, presented and I read. Councilman Meyers moved' that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by May- or Couchman. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None- Petition of John R. Henry re- questing a refund of $125. on the unexpired portion of Liquor Li- cense No. C-6667, as he has dis- continued business on August 7, 1971, presented and read. COun- cilman Meyers moved that the petition be granted and the Audi- tor instructed to issue proper war- rant. Seconded: by Mayor Couch- ..,.- man. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of John R. Henry re- questing a refund of $50 on the un- expired portion of Beer License No. 104, as he has discontinued business on August 7, 1971, pre. sented and read. Councilman Mey- ers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate at 1133 Langworthy (10 yr street), presented and read. Councilman Pregler moved that the petition be granted subject to approval of the Engineering Department. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate at 721 Perry Street (10 yr street), presented and read. Councilman Pregler moved that the petition be granted subject to approval of the Engineering Department. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of St. Vincent DePaul Society Loras.Clarke Chapter, re- questing permission to solicit funds during the weekend of No- vember 19th to 21st in the Down- town Mall area for the benefit of Pakistan Relief, presented and read. Councilman Pregler moved approval of the request and that same be referred to the City Man- ager for implementation. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen . Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Special Session, November 15, 1971 Petition of Richard Kelly et al requesting the installation of ade- quate lighting on Bennett Street from Algona to North Grandview presented and read. Councilman Meyers moved that the petition be referred to the City Manager and Electrical Inspector for investiga. tion and report. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Mrs. E. M. Nicholson requesting action relative to an excavation problem in the alley be- hind 1633 Elm Street raising some question as to the replacement of the alley and apparent overcharge, presented and read. Councilman Moldenhauer moved that the peti- tion be referred to the Manager and requesting a report back at the December 6th meeting. Second- ed by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Roy M. Zook et al (162 signers) requesting consider- ation for rezoning of the Powers Farm property adjacent to Hoover School from its present zoning back to single Family District Clas- sification, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Attorney Francis O'Connor rep- resenting persons immediately in- volved in the area stated that a variation of Multiple Zoning was proposed north of Hoover school. 'I The area is adjacent to Kennedy Road nestled in the area of Carter Road, St. Ann Drive, Erie Court and Tyler Road. His clients are not against the proposed planned unit for the area, however the area is in question. Mr. Leo McCarthy repre- sented the Powers farm interest. Mr. Jerome Mistek of 1846 Carter Road wanted to make the Council 453 aware of what was happening in the area. Councilman Pregler moved that the matter be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Moldenhauer. Carried by the following vote: Yeas-Councilmen Bitter, Molden- hauer, Pregler. Nays-Mayor Couch- man. Councilman Meyers abstain- ing. November 5, 1971 To the Honorable Mayor and City Council This is to advise you that the construction of the Peru Road. Davis Avenue Sanitary Sewer 1970, from the railroad tracks east to lot 2 of George Nigg's Subdivision and work incidental thereto in and for the City of Dubuque, Iowa, has been completed in accordance with plans,specifications and contract by and between Tschiggfrie Excava- tion of Dubuque, Iowa and the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. FINAL ESTIMATE RESOLUTION NO. 324-71 WHEREAS, the contract for the construction of Peru Road-Davis Avenue. Sanitary Sewer 1970 - from Railroad tracks East to Lot 2 of George Nigg's Subdivision has been completed and the City En- gineer has submitted his final es- timate showing the cost thereof in- cluding the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque. That the cost of said improve- ment is hereby determined to be $45,196.22. That $12,360.77 of the cost there- of shall be assessable upon private property and $32,835.45 shall be paid from the Sanitation Fund of the City of Dubuque. 454 Special Session, November 15, 1971 Passed, adopted and approved tract, less any retained percent- this 15th day of November, 1971. age provided for therein. Gaylord M. Couchman Passed, adopted and approved Mayor day of November, 1971. Walter A. Pregler Gaylord M. Couchman Wayne A. Moldenhauer Mayor Donald R. Meyers Walter A. Pregler Joseph J. Bitter Wayne A. Moldenahuer Councilmen Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None- ~.:e:I~:t~~=:~: ~':'::v: I Publish Notice.) RESOLUTION NO. 325-71 WHEREAS, the contract for the construction of the Peru Road- Davis Ave. Sanitary Sewer 19711- from Railroad tracks East to Lot 2 of George Nigg's Subdivision has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and recom- mends its acceptance, now there- fore, 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 I is hereby accepted and the City Engineer be and is hereby directed 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 sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pendency of resolution of neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for in- stallation of a Civil Defense Warn- ing Siren at Kennedy Mall, pre- sented and read. No written objections were re- ceived and no oral objectors were present in the Council Chamber at the time of the public hearing. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molilenhau- er, Pregler. Nays-None. (Neceility for Improvement) r.ESOLUTION NO. 311.71 WHEREAS, proposed plans, spe- cifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the fol- lowing: 1. An estimate of the cost of the proposed improvement for the CITY OF DUBUQUE-CIVIL DE- FENSE WARNING SIREN-KEN- NEDY MALL. BE IT THEREFORE RESOLVED that the City Council on its own Special Session, November 15, 1971 455 motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Public Safety Fund 04-2401-2501 The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 26th day of October, 1971. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 15th day of November 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved final adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. (O"rlntl Construction) RESOLUTION NO. 326-71 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 311-71 which was duly passed by this Council for the CITY OF DUBUQUE-CIVIL DEFENSE WARNING SIREN - KENNEDY MALL be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the pians and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Public Safety Fund-04-2401-2501. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couclunan Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of the receipt of propos- als for the installation of Civil De- fense Warning Siren at Kennedy Mall, presented and read. Coun. cilman Bitter moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Special Session, November 15, 1971 November 15, 1971 turn the bid deposits of the unsuc- To the Honorable Mayor cessful bidders. and City Council Passed and adopted this 15th Pursuant to your instructions, day of November, 1971. u s~aled proposals were received un- ~~~~:d M. Co chman til 10:00 A.M., Monday, November Walœ A Pregle 15, 1971 for the City of Dubuque Wa r A' M Id :-m Civil Defense Warning Siren at D ~~ R' M 0 e auer Kennedy Mall. ona '. eyers Three bids were entered with Joseph ~. BItter the low hid of $3,646.00 from Att. CouncIlmen Westphal and Company of Du- ~st. F Fr It buque, low.a Their bid was 24.5% ~'t . CI o;:,me below the Engineer's estimate. 1 y er I recommend that the contract Mayor Couchman moved adop- for improvement be awarded to tion of the resolution. Seconded by Westphal and Company. Councilman Pregler- Carried by Respectfully submitted, the following vote: Gilbert D. Chavenelle Yeas - Mayor Couchman Coun- City Manager cilmen Bitter Meyers Moldenhau- Mayor Couchman moved that the er, Pregler. ' , communication be received and Nays-None. filed. Seconded by Councilman RESOLUTION NO. 328-71 Pregler. BE IT RESOLVED by the City Nays-None. Council of the City of Dubuque, (Awarding Contract) Iowa: RESOLUTION NO. 327.71 :ECTION 1. ~at t~e ..ttached WHEREAS, sealed proposals sh et No. I of 1 mcluSlve 18 here- have been submitted by contrac- by deternuned to be the schedule tors for the construction of City of proposed assessments for the of Dubuque Civil Defense Warning John F. Kenne~y Road Sanitary Siren at Kennedy Mall pursuant to Sewer,- from Sprmg Valley, North- Resolution No. 326-71 and notice to East SIde. bidders published in a newspaper ~assed, adopted and approved published in said City on October this 15th day of November, 1971. 29 1971 and November 5 1971' Gaylord M. Couchman an'd " Mayor WHEREAS said sealed propos- Walter A. Pregler als were ope'ned and read on No- Wayne A. Moldenhauer vember 15th 1971 and it has been Donald R. Meyers determined that Íhe bid ofl West- Joseph J. Bitter phal & Company of Dubuque, Iowa Councilmen in the amount of $3,646.00 was the Attest: lowest bid for the furnishing of all Leo.F. Frommelt labor and maœrials and perform- CIty Clerk ing the work as p~~vid~d for in Councilman Bitter moved adop- the plans and specIficatIOns; now tion of the resolution. Seconded by therefore, M C h C. d b th IT ESOLVED by th C.t ayor ouc man. arne y e BE ReI y following vote: Council of the City of Dubuque Yeas - Mayor Couchman, Coun- that the contract for the above cilmen Bitter Meyers Moldenhau- mentioned improvement be award- er Pregler' , cd to Westphal and Company, Du- Nays-N~ne. buque, Iowa and the Manager be and he is hereby directed to exe- Proof of Publication, certified cute a contract on behalf of the to by the publisher, of Notice of City of Dubuque for the complete Pendency of resolution of neces- performance of said work. sity for public improvements and BE IT FURTHER RESOLVED, hearing upon proposed plans and that upon the signing of said con- specifications, form of contract tract and the approval of the con- and cost of improvements for the tractors bond the City Treasurer construction of John F- Kennedy is authorized and instructed to re- Road Sanitary Sewer from Spring 456 Special Session, November 15, 1971 Valley Road North-east side, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time of the public hearing. Mayor Couchman moved that the proof of publication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Statement of City Clerk certify- ing that notices of public hearing were mailed to property owners of record by certified mail on Oc- tober 15, 1971 subject to assess- ment to pay for cost of construct- ing John F. Kennedy Road Sani- tary Sewer from Spring Valley Road North-east side, presented and read. Mayor Couchman moved that the statement ,be received and filed. Seconded by Councilman Bit- 'ter. Carried by the following vote: , Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Decision of Council upon objec- tions to plans, specifications, fonn of contract and cost of i_rove- ments. RESOLUTION NO. 329.71 WHEREAS, proposed plans and specifications and form of contract for the construction of John F. Kennedy Road sanitary sewer from Spring Valley Road North-East Side have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1971, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 15th day of November, 1971, and WHEREAS, the City Council met in special session this 15th day of November, 1971, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested par- ties and considering any and all objections which have been filed to the proposed plans, specifica- tiOM or contract for or cost of the 457 improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec. ord in connection with said im- provement Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 302.71 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be as- sessed toegther with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of ilil'il¡¡I!~.ii 458 Special Session, November 15, 1971 construction and kind of material to be used. 4. In each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of the: John F. Ken- nedy Road Sanitary Sewer, from Spring Valley Road, North-East Side. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sanitation funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 11th day of October, 1971. RECORD OF FINAL ADOPTION The foregoing resolution was finalty passed and adopted, as pro- posed, by the City Council this 15th day of November 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved final adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Ordering Construction) RESOLUTION NO. 330-71 BE IT RESOLVED BY THE CITY COUNCn.. OF THE CITY OF DU- BUQUE that pursuant to a reso- lution of necessity No. 302-71 which was duly passed by this Council, for the construction of John F. Kennedy Road Sanitary Sewer from Spring Valley Road, North-East Side be and the same are hereby ordered and construct- ed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privaataely owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in pro- portion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of Sewer Bonds to be issued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from Special Session, November 15, 1971 and after its passage and adoption by the City Council. Passed, adopted and approved this 15th day November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 331-71 Acceþtlng Delivery of Deeds for the Downtown Urban Re- newa' Pro ect, I_a R.15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate hy purchase; now therefore, BE IT RESOLVED BY THE CITY COUNCn.. 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 Urban Re- newal Project, Iowa R-15, is here- by ratified and accepted by the City of Dubuque. GRANTOR PROPERTY DE5CRIP. Ralph P. Renier and Helen Renier Deed dated October 20, 1971 Re- corded in Book 207, Page 216. The South One-Third of Lot 63 in the City of Dubuque, Iowa, ac- cording to the United Sates Com- missioners' Plat of the Survey of said Town. 459 Section 2. That the recording of the respective deeds of convey- ance of title in the office of the Recorder in and for Dubuque Coun- ty, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Reso- lution in the Office of the Record- er in and for Dubuque County, Iowa. Passed, approved, and adopted this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Couneilmen Attest: Leo F. Frommelt, City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler- Nays-None. RESOLUTION NO. 332-71 Approving the Flxed.Prlce Competition Method for Offer. Ing certein land In the D_... town Urban Renewal Project, I-a R.15, for R_velopment by \>rlvate Deve/opers WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, under date of May 18, 1967, the Council of the City of Dubuque. after a Public Hear- ing, duly adopted .an Urban Re- newal Plan for said Project and which Urban Renewal Plan is on file in the Office of the City Clerk and is recorded in the Office of the Recorder of Dubuque County, Iowa, in Book 295 Mortgages, Pages 235 to 259; and WHEREAS, pursuant to said Ur- ban Renewal Plan and said Loan and Capital Grant Contract, the City of Dubuque has and is acquir- ing land, relocating site occupants, 460 Special Session, November 15, 1971 removing structures and other im- provements, and constructing and reconstructing site improvements and public facilities; and WHEREAS, the Urban Renewal Plan provides for the sale of cer- tain land for redevelopment by pri. vate developers; and WHEREAS, the Fixed-Price Com- petition method permits the sale of land on criteria and factors other than price and in the best interests of the Urban Renewal Project and the City of Dubuque, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the documents pertaining to a proposed Fixed- Price Competition offering of a certain parcel of real estate set forth in such documents, a copy of which documents are made a part hereof and filed of record in the Office of the City Clerk and as the ymay be revised as neces- sary to comply with the require- ments of the Department of Hous- ing and Urban Development, are hereby approved. Section 2. That the Fixed-Price Competition method of offering certain land for sale for redevelop. ment by private developers is the appropriate method of making the land available for redevelopment. SectIon 3. That the price for the disposal of said parcel included in the proposed offering has been de- termined to be not less than the fair price for the land for uses in accordance with the Urban Re- newal Plan and said prices are hereby approved. SectIon 4. That the City Manager and the Director of Urban Renewal be and are hereby authorized and directed to proceed with the pro- posed disposal of the parcel set forth in the attached documents in accordance with the proposed di.t- posal procedure and all other ap- plicable requirements. SectIon 50 That the City Clerk be and he is hereby authorized and directed to publish "Invitation for Proposals" for the sale of cer- tain parcel of real estate, in the form of Exhibit "A" attached here- to and made a part hereof. Passed, approved and adopted this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk INVITATION FOR PROPOSALS The City of Dubuque, Iowa, in- vites proposals for the purchase and redevelopment of property in the Downtown Urban Renewal Project, Iowa R-15. The parcel of land available for sale is located on the Southwest corner of Ninth and Iowa Streets. The parcel is identified as follows: Parcel No. 7-4; Approximate Square Feet 5,463.29; U.. Central Busi- ness District Full information, instructions and bid documents needed to pre- pare proposals may be obtained by depositing $10.00 with the De- partment of Urban Renewal, Suite I(}.B, Fischer Building, Dubuque, Iowa, for each set of Documents. Each such deposit shall be refund- ed if the Documents are returned in good condition within 30 days after bid opening. All proposals must be received at the office of the City Clerk, City Hall, 13th Street and Central Avenue, Dubuque, Iowa, no later than 10:00 A.M. CST on December 10, 1971, at which time all bids will be publicly opened and read in Council Chambers. Each proposal must be accom- panied by a good faith deposit in the form of a certified check or bank draft payable to the City of Dubuque, or a satisfactory bid bond, in an amount equal to 10% of the amount of the offer. Additional information concern- ing the City of Dubuque's Land Marketing Program for the Urban Renewal Project may be obtained from Gent M. Wittenberg, Director of Urban Renewal. 2 t. 11-1~26 Leo F. Frommelt, City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Special Session, November 15, 1971 Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. November 9, 1971 To the Honorable Mayor and City Council This is to advise you that con- struction of contract Main Street Pedestrlanway Pha.. I Electrica,1 Contract and work incidental there- to in and for the City of Dubuque, Iowa has been completed in ac- cordance with plans, specifications and the contract by and between Westphal and Company, Inc. of Dubuque, Iowa and the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. FINAL ESTIMATE RESOLUTION NO. 333-71 WHEREAS, the contract for the MAIN STREET PEDESTRIAN- WAY, PHASE 1, SECTION 2, ELECTRICAL has been completed I and the City Engineer has submit- ted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $92,531.44- That NONE of the cost thereof shall be assessable upon private property and $92,531.44 shall be paid from the UBBAN RENEWAL- ROAD USE TAX Funds of the City of Dubuque. Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 461 Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen, Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (A Resolution Accepting Improv. ment) RESOLUTION NO. 334-71 WHEREAS, the contract for the construction of Main Street Pedes- trianway Phase 1, Section 2 Elec- trical Contract has been completed and the City Manager has examin- ed the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, hy 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. 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 Urban Renewal- Road Use Tax Funds 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 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Conn- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. November 15, 1971 Honorable Mayor and Members of City Council On March 8, 1971 Charles Mosh- er of Barton-Aschman Associates and representatives of the City 462 Special Session, November 15, 1971 Engineer's Office and Department of Urban Renewal presented to I City Council in considerable detail ' the design concepts and plans for Phase I! of Town Clock plaza which represents that portion of the Main Street Pedestrianway ex- tending south from Town Clock Square to Fifth Street. The same material was present- ed the following day, March 9, to the Dubuque Planning and Zoning Commission, and a copy of their Resolution 71-2 determining that this improvement is an appropriate use both as to design and location is attached hereto for inclusion in the minutes of the City Council meeting of November 15. The Dubuque Advisory Commis- sion, the Business Development Committee of the Dubuque Area Chamber of Commerce and the Downtown Association also shared I on March 9 in a special presenta- tion of this downtown improve- ment item. Since March 8 an Amendatory Application for Loan and Capital Grant for the Downtown Urban Re- newal Project to secure additional funds to carry out this portion of Town Clock Plaza as well as addi- tional funds for certain other proj- ect activities has been prepared and submitted to the Federal gov- ernment. In turn the application has been reviewed and approved by the Department of Housing and Urban Development and a letter authorizing the City of Dubuque to incur expenses in conformity wit hthis approval is anticipated daily. A formal contract amend- ment can be expected prior to the I end of the year. In order to facilitate an early spring start on this project, we request council's authority to for- mally proceed now with the ad- vertising for the work. It may be that some of the construction items can be undertaken during the win- ter months, and that items of a specialized nature can be ordered for immediate fabrication for early delivery and installation. The plans are substantially iden- tical to those reviewed last March, and now as then, the plans do not include the final treatment of the Main Street and Fifth Street area. This special design will be forth- coming when more is known about "",.,... the proposed Five Flags Center project- This intersection is as im- portant as and comparable in scope to Fountain Square at Ninth Street. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved ap- proval of the request. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 71-2 Reviewing the propoød MIIln Street PocIestrlanway In con- _lion with the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of Febru- ary 4, 1970, the Planning and Zon- ing Commission of the City of Du- buque, Iowa, adopted Resolution No. 70-1 wherein it was found and determined that the Main Street Pedestrianway for the Downtown Urban Renewal Project, Iowa R-15, was an appropriate use both as to design and location; and WHEREAS, at the February 4, 1970, meeting the Planning and Zoning Commission of the City of Dubuque, Iowa, reviewed and com. mented upon the construction de- sign plan for that portion of the Main Street Pedestrianway, known as Phase I extending from 9th Street to a point approximately 54 feet south of 7th Street; and WHEREAS, there has been sub- mitted to the Planning and Zoning Commission of the City of Dubu- que, Iowa, a construction design plan for that portion of the Main Stree Pedestrianway known as Phase II extending from 5th Street to a point approximately 54 feet sout hof 7th Street; now therefore BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF DUBUQUE, IOWA: Section I. That based upon an analysis and review of the con. struction design plan, it Is hereby found and determined that Phase I! of the Main Street Pedestrian- way extending from 5th Street to a point approximately 54 feet south of 7th Street is in accordance with the findings of Resolution No. 70-1 adopted February 4, 1970. Special Session, November 15, 1971 463 Passed, approved and adopted (2) An estimate of the cost of this the 9th day of March, 1971. the improvement for the Richard P. Friedman TOWN CLOCK PLAZA-PHASE I! Secretary pro tem DOWNTOWN URBAN RENEWAL Planning and Zoning Commission. PR°!ECT IOWA R-15 of the City of Dubuque, Iowa III ~;~iJN ofI~=.J:wa Councilman Pregler moved that CONTRACT the resolution be received and IN the area of the proposed made a matter of record. Seconded right-of-way of Main Street from by Mayor Couchman. Corned by the south limit of construction of the following vote: MAIN PEDESTRIANWAY PHASE Yeas - Mayor Couchman, Coun- I to the north curb of Fifth Street cilmen Bitter, Meyers, Moldenhau. and also the proposed right-of-way er, Pregler. of Sixth Street from east Locust Nays-None. Street to the west curb line of Iowa Street. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for pur. pose of constructing Directories (Alternate) is also included. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment. they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from such funds of the City as may legally be used for such purposes. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of November, 1971. Approved and placed on file for final action. APPROVED: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen RESOLUTION NO. 335-71 Preliminary approval of plans, specifications, form of contract and all other documents for the con- struction of TOWN CLOCK PLA. ZA-PHASE II, DOWNTOWN UR- BAN RENEWAL PROJECT IOWA R-15, SECTION 1 GENERAL CON- TRACT, in the area of the pro- posed right-of-way of Main Street from the south limit of construc- tion of MAIN STREET PEDES- TRIANWAY PHASE 1, to the north curb line of Fifth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for pur- pose of conatructing Directories (alternate) is also included, at an estimated cost of $312,625.00 pre- sented and read. Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays - None. (Necoaity for Improvement) RESOLUTION NO. 336-71 WHEREAS, proposed plans, specifications, and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improve- ment ATTEST: Leo F. Frommelt, City Clerk 464 Special Session, November 15, 1971 Councilman Bitter moved ap- proval of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Fixing Dote of Hearing) RESOLUTION NO. 337-71 WHEREAS, the City Council of the City of Dubuque, Iowa, has giv. en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the TOWN CLOCK PLAZA-PHASE n DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION I-GENERAL CONTRACT in the area of the proposed right- of-way of Main Street from the south limit of construction of MAIN STREET PEDESTRfANWAY PHASE I to the north curb of Fifth Street and also the proposed right-of-way of Sisth Street from east Locust Street to the west curb line of Iowa Street. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for purpose of constructing Di- rectories (Alternate) is also includ- I ed. BE IT TIlEREFORE RESOLVED that on the 17th day of January, 1972, a public hearing will be at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the propos- ed plans and specifications, form of contract and cost of said im- provement, and the City Clerk be and he is hereby directed to cause a notice of time and place of such hearing to be published in some newspaper published in the City of' Dubuque, Iowa, which shall be not less than ten (10) days prior to the day fixed for its considera- tion, and the City Clerk be and he is hereby directed to have publish- ed the notice of pendency for said imProvement, and the City Clerk is hereby directed to advertise for proposals to the contractors for the construction of the above men- tioned improvement. Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 338-71 Preliminary approval of plans, specüications, form of contract, plans and all other documents for the construction of TOWN CLOCK PLAZA PHASE ll, DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15, SECTION Il-ELEC- TRICAL CONTRACT, in the area of the proposed right-of-way of Main street from the south limit of construction of MAIN STREEI' PEDESTRfANWAY PHASE 1 to the north curb line of Füth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small segllU'nt of tbe sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for pur- pose of constructing Directories (Alternate) is also included, at an estimated amount of $62,466.65, presented and read. Councilman Pregler moved ad- option of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (N_Ilty for I..........,-nt) RESOLUTION NO. 339-71 WHEREAS, proposed plans, specüicatioDS, and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, Ílnd are now on file in the office of the City Clerk showing among other things the following: Special Session, November 15, 1971 (1) The plan of such improve- ment (2) An estimate of the cost of the improvement for the TOWN CLOCK PLAZA-PHASE II DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION ll-ELECTRICAL CONTRACT IN the area of the proposed right-of-way of Main Street from the south limit of construction of MAIN STREET PEDESTRIANWAY PHASE I to the north curb line of Fifth Street and also the pro- posed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Streets. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for purpose of con- structing Directories (Alternate) is also included. BE IT THEREFORE RESOLVED that the City Council' on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of t!Ìis proposed reso- lution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from such funds of the City as may legally be used for such purposes. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of November, 1971. Approved and placed on file for action. APPROVED: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F- Frommelt, City Clerk 465 Councilman Pregler moved ap- proval of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Fixing Dete of Hearing) RESOLUTION NO 340-71 WHEREAS, the City Council of the City of Dubuque, Iowa, has giv- en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public Inspection for the TOWN CLOCK PLAZA-PHASE II DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION II - ELECTRICAL CONTRACT in the area of the proposed right- of-way of Main Street from the south limit of construction of MAIN STREET PEDESTRIANWAY PHASE 1 to the north curb line of Fifth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small seg- ment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for purpose of constructing Directories (Alternate) is also included. BE IT THEREFORE RESOLVED that on the 17th day of January, 1972, a public hearing will be at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and he is hereby directed to cause a notice of time and place of such. hearing to be published in some nCW!lpaper publiahed ÍJ the City of Dubuque, Iowa, which shall be not less than ten (10) days prior to the day fixed for its considera- tion, and the City Clerk be and he Is hereby directed to have pub- lished the notice of pendency for said improvement, and the City Clerk is hereby directed to adver. tise for proposals to the eontract- !illlli~.111 466 Special Session, November 15, 1971 ors for the construction of the above mentioned improvement. Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Pregler moved that the City Manager and City Solicit- or be directed to draw a document in support of the Five Flags Civic Center Concept. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 341.71 WHEREAS, applications for Beer Permits have been submitted to this council for approval and the same have been examined: NOW TIIEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT John A. Schoen, 8th & Main Street Raphael W. Grant, 3050 Asbury Street Russell E. Myers, 1618 Central Av- enue Clara L. Johnson, 1543 Central Av- enue Richard J. Hantelmann, 902 Main Street Passed, adopted and approved ""'" .. this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 342.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of thia Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT fIE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to tbe following named applicants a Beer Permit. CLASS "B" BEER PERMIT John A. Schoen, 8th & Main Street Raphael W. Grant, 3050 Asbury Street Russell E. Myers, 1618 Central Av- enue Clara L. Johnson, 1543 Central Avenue Richard J. Hantelmann, 902 Main Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved- Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Special Session, November 15, 1971 481 Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 343-71 WHEREAS, applications for Liquor Permits have been sub- mitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 123-as amend- ed by the 67th General Assembty, 1967. CLASS "c" COMMERCIAL ESTABLISHMENT John A. Schoen, 8th & Main Street Clara L. Johnson, 1543 Central Av- enue Raphael W. Grant, 3050 Asbury Street Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmên Bitter, Meyers, Moldenhau- er. Pregler. Nays-None. RESOLUTION NO. 344-71 WHEREAS, applications for Liquor permits 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 TBEREFORE BE IT RE- SOLVED by the City Council of Dubuque. Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. . CLASS "c" COMMERCIAL ESTABLISHMENT John A. Schoen, 8th & Main Street Clara L. Johnson, 1543 Central Avenue Raphael W. Grant, 3050 Asbury Street Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A, Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Mouchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. At 10:40 P.M. Councilman Preg- ler moved to go into executive session to discuss personalities. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. The Council reconvened in reg- ular session at 10:46 P.M. with an announcement that personalities were discussed as a result of the resignation of the Assistant City Solicitor. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau- er, Pregler. Nays-None. Leo F. Frommelt City Clerk 468 Special Session, November 15, 1971 Approved ,.....................................1972 Adopted ........................................1972 ..............................-............................. ............................-............................... """"""""-"'c;;~~;;n;;;;;;-""""""""" .............................., Attest: """ciïŸ"'ëierk Special Session, November 22, 1971 CITY COUNCIL (OFFICIAL) Special Seøion, Novamber 22, 1971. Council met at 7:30 P.M. (C.S.T.) Present - Councilmen Bitter, Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chayenelle. Ab_~ayor Couchman (out of City). Councilman Meyers moved that Councilman Pregler be elected Presiding Officer Pro Tem in the absence of Mayor Couchman. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas-Councilmen Bitter, Mey- ers, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. Presiding Officer Pro Tem Preg- ler read the calI and stated that service thereof had been duly made and this meeting is calIed for the purpose to authorize the sale, issuance and delivery of proj. oct notes in tlM aggregate amount of $1,588,000. and the execution of requisition agreement In con- nection with the Downtown Urban Renewal Project Iowa R.15, and acting upon such other business as may properly come before a regular meeting of the Council. Proof of Publication, certified to by the Publisher, of Notice of Sale of Project Notes in the amount of $1,588,000. (Fifth Series 1971) being issued to finance Urban Re. newal Project Iowa R-15, present- ed and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Bitter, Mey- ers, Moldenhauer, Pregler. Nays-None. Absent-Mayor Couchman. 469 RESOLUTION NO. 34S.71 Authorizing tlM sale, Issuance and delivery of project notes In the aggregete principal amount of $1,588,000 and the execution of Requisition Agreement No. 5-1971 In connection with the Downtown Urban Renewal Proj- ect, Project No. Iowa R.15 WHEREAS, City of Dubuque (herein called the "Local Issuing Agency") has entered into one or more contracts (which, together with any supplements thereto or amendments or waivers of any provisions thereof, are herein called the "Contract") with the United States of America (herein calIed the "Government) provid- ing for a loan by the Government to the Local Issuing Ageney for financing the urban renewal, low- rent housing or redevelopment project (s) described in the Con- tract and herein called the "Proj- ect"; and WHEREAS, pursuant to adver- tisement for the receipt of pro- poaals for the purchase of the Fifth Series 1971 of Project Notes (herein sometimes called "New Project Notes") of the Local Js. suing Agency aggregating $1,588,- 000, which appeared in a Notice of Sale published on November 3, 1971, and November 10, 1971, in the Telegraph Herald in the City of Dubuque, Iowa, and in The Daily Bond Buyer in the City of New York, New York, proposals for the purchase of the New Proj- ect Notes in the form approved by the Local Issuing Agency were received, opened, and canvassed at the time and place mentioned in said advertisement, to wit: at Council Chambers, City Hall, 13th and Iowa in the City of Dubuque, Iowa 52001 at one o'clock P.M. E.S.T., on November 16, 1971, which proposals are as follows: Name of Bidder, The First Na- tional Bank of Chicago; Interest Rate, 2.64% ; Principal Amount, $1,588,000; Premium, $91.00. Name of Bidder, The First Na- tional Bank of Boston, Lehman Bros., Inc.; Interest Rate, 2.65%; Principal Amount, $1,588,000; Pre. mium, $34.00. Name of Bidder, Bank of Amer- ica N.T. & S.A. Bankers Trust Company; Interest Rate 2.88%; Principal Amount, $1,588,000; Pre- mium, $28.00. 470 Special Session, November 22, 1971 Name of Bidder, Morgan Guar- anty Trust Company of New York, Salamon Brothers; Interest Rate, 2.67%; Principal Amount, $1,588,- 000; Premium, $18.00. Name of Bidder, Continental illinois National Bank and Trust Company of Chicago; Interest Rate, 2.71%; Principal Amount $1,588,- 000; Premium, $26.00. Name of Bidder, First National City Bank. Name of Bidder, The First Bos- ton Corporation. Name of Bidder, Mellon Nation. aI Bank and Trust Company. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. The aforesaid publica- tion of the Notice of Sale and the form and contents thereof as so publiahed are hereby, in all re- spects; approved, ratified and con- firmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the development of the Project, or to refund, renew or extend its outstanding Notes issued in connection therewith, the Local Issuing Agency hereby d.,. termines to borrow the sum of One Million Five Hundred Eighty Eight Thousand Dollars (1,588,000) and issue its negotiable Project Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and ap- proves the form of each proposal hereinafter in this Section 3 enu- merated for the purchase of the designated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Principal Amount, $1,588,000; Interest Rate, 2.64%; Purchaser, The First National Bank of Chi- cago. Sectiòn 4. Each Note shall be dated December 14, 1971, shall be payable as to both principal and interest to bearer, on March 10, 1972, and, pursuant to each pro- posal for the purchase of said Notes hereinabove accepted, shall bear the rate of interest per an- num, payable at maturity; shall bear the numbers and be in the "'" denominations; and shall be pay- able as to both principal and in- terest at the incorporated bank having trust powers or incorporat. ed trust company, as follows: Purchaser, The First National Bank of Chicago; Numbers, 1-5, 6-21, 22-32, 33, 34-36; Denomina- tions, $100,000, $50,000, $25,000, $10,000, $1,000; Interest Rate, 2.64%; Payable At, The First Na- tional Bank of Chicago. None of such Notes shall be valid until after the bank or trust com- pany at which it is payable shall have signed the agreement, ap- pearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signa- ture of the Mayor and City Trea- surer of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency im- pressed, imprinted or reproduced thereon and attested by the City Clerk, and said officers are her.,. by authorized and directed to cause said Notes to be properly executed. Section 5. Each such Note shall be in substantially the form of HUD-9010, which is incorporated herein by reference, and shall be secured by an agreement entitled "Requisition Agreement No. 5- 1971" (herein called the "Requisi- tion Agreement"), in substantially the form of HUD-9003. which is incorporated herein by reference, to be entered into between the Local Issuing Agency and the Gov- ernment. Section 6. The Requisition Agre.,. ment shall be executed in the name of the Local Issuing Agency by the manual or facsimile signa- ture of the Mayor of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency and shall have ed or reproduced thereon and at- tested by the City Clerk, and said officers are hereby authorized and directed to cause the Requisition Agreement to be properly execut- ed. Section 7. For the punctnal pay- ment of the principal of and in- terest on the New Project Notes, the Local Issuing Agency hereby expressly and irrevocably prom- Special Session, November 22, 1971 ises to pay any sums which may be received from the Government pursuant to the Requisition Agree- ment relating to such series of Project Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Is- suing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contributions, funds and amounts authorized or required by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obliga- tions" "Advance Notes" or "per- mane~t Notes") as issued in con- nection with the Project are here- by irrevocably pledged to secure the payment of the principal of and interest to maturity on the New Project Notes. Such pledge and the lien created thereby shall cease and terminate when monies or investment securities convert- ible into cash not later than the maturity date of the New Project Notes, sufficient and for the pur- pose of paying the principal and interest to maturity on such Notes, are deposited with the paying agent or agents for such Notes. Section 8. The proceeds derived from the sale of the New Project Notes, together with such amount of other funds of the Local Issuing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in accordance \ñth the provisions of the Requisition Agreement. Section 9. The City Treasurer is hereby authorized and directed to send promptly a letter to each paying agent for the New Project Notes in substantially the form of HUD-9004, which is incorporat- ed herein by reference, and to transmit therewith (a) the New Project Notes for which the ad- dressee is the paying agent for delivery and payment and (b) a signature certificate and receipt, in accordance with the terms of said letter, and to take such other actions as may be required to com- plete the delivery transaction in accordance with the terms of the letter to the paying agent. Passed, approved, and adopted this 22nd day of November, 1971. 471 Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter City Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Presiding Officer Pro Tem Progler, Councilmen Bitter, Mey- ers, Moldenhauer. Nays-None. Absent-Mayor Couchman. Presiding Officer Pro Tem Preg- ler moved suspension of the rules in order to let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Bitter, Mey- esr, Moldenhauer. Nays-None. Absent-Mayor Couchman. Attorney Hal Reynolds addressed the Council relative to an unpaid amount of $8000. due Healy Me- chanical Contractors Inc. for con- struction of Cedar Street Lift Sta- tion. Evidently there must be some misunderstanding as to payment of the halance with the Engineering Department. Mr. Reynolds has asked that it be resolved one way or another. Councilman Meyers moved that the matter be referred to the City Manager and Staff. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Presiding OfficerProTem Pregler, Councilmen Bitter, Mey- ers. Moldenhauer. Nays-None. Absent-Mayor Couchman. There being no further business Presiding Officer Pro Tem Pregler moved to adjourn. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Bitter, Mey- ers, Moldenhauer. Nays-None. Absent-Mayor Couchman. Leo Frommelt City Clerk 472 Special Session, November 22, 1971 Special 1971. Council mot at 5:00 P.M. (C.s.T.). P_ent - Councilmen Bitter, Meyen, Pregler. City Manager GII. bert D. Chav_lIe. Absent-Mayor Couchman, Coun- cilman Moldenaver (out of City). Councilman Pregler moved that Councilman Bitter be elected to serve as Presiding Officer Pro Tem in the absence of Mayor Couchman. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Councilmen Bitter, Mey- ers, Pregler. Nays-None. Absen~Mayor Couchman, Coun- cilman Moldenhauer. Presiding Officer Pro Tem Bit- ter read the call and stated that service thereof had been duty made and this meeting is called for the purpose of approving va.. loua busineu licenses and acting upon such other business as may properly come before a regular meeting of the Council. RESOLUTION NO. 346-71 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, he granted a permit to sell Cigarettes and Cigarette Papers within said City. Gerald Kirchberg, (Transfer from 3165 Central Avenue effective Nov. 25. 1971), 3203 Jackson Street Thompson's Food Markets, Inc., 1256 Iowa Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 24th day of November, 1971. Joseph J. Bitter Presiding Officer Pro Tem Walter A. Pregler Donald IL Meyers Councilmen Special Session, November 24, 1971 Approved ......................................1972 CITY COUNCIL (OFFICIAL) SonIon, November 24, Adopted ........................................1972 ............................................................ ............................................................ """""""""""""""""""""""""""""" Councilmen Attest: """ëiÏŸ"'ëi~~k"""""""""""'" Attest: Leo F. FrommeIt City Clerk 473 Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Presiding Officer Pro Tem Bitter, Councilmen Meyers, Preg- ler. Nays-None. Absent-Mayor Couchman, Coun- cilman Moldenhauer. RESOLUTION NO. 347.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Duhuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Gerald Kirchberg, (Transfer from 3165 Central Avenue effective November 25, 1971), 3203 Jack- son Street CLASS "c" BEER PERMIT Thompson's Food Markets, Inc., 1256 Iowa Street Hartig Drug Company, 700 Main Street, Town Clock Plaza Hartig Drug Company, 22nd & Cen. tral Avenue Hartig Drug Company, 2255 J. F. Kennedy Road Hartig Drug Company, 97 Locust Street Passed, adopted and approved this 24th day of November, 1971. Joseph J. Bitter Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Presiding Officer Pro Tem Bitter, Councilman Meyers, Preg- ler. Nays-None. Absen~Mayor Couchman, Coun- cilman Moldenhauer. 474 Special Session, November 24, 1971 RESOLUTION NO. 348.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit.' CLASS "B" BEER PERMIT Gerald Kirchberg, (Transfer from 3165 Central Avenue effective November 25, 1971) 3203 Jack- son Street CLASS "c" BEER PERMIT Thompson's Food Markets, Inc., 1256 Iowa Street Hartig Drug Company, 700 Main Street. Town Clock Plaza Hartig Drug Company, 22nd & Central Avenue Hartig Drug Company, 2255 J. F- Kennedy Road Hartig Drug Company. 97 Locust Street BE IT FURTBER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 24th day of November, 1971. Joseph J. Bitter Presiding Officer Pro Tem Walter A Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Presiding Officer Pro Tem Bitter, Councilmen Meyers, Preg- ler. Nays-None. Absent-Mayor Couchman, Coun- cilman Moldenhauer. RESOLUTION NO. 349.71 WHEREAS, applications forLiq- uor permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE RE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 67th General Assembly, 1967. CLASS "c" COMMERCIAL ESTABLISHMENT Gerald Kirchberg, (Transfer from 3165 Central Avenue effective November 25, 1971), 3203 Jack- son Street Passed, adopted and approved this 24th day of November, 1971. Joseph J. Bitter Presiding Officer Pro Tem Walter A.' Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Presiding Officer Pro Tem Bitter, Councilmen Meyers, Preg- ler. Nays-None. Absent-Mayor Couchman, Coun. cilman Moldenhauer. RESOLUTION NO. 350-71 WHEREAS, applications forLiq- uor permits 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 permit. CLASS "c" COMMERCIAL ESTABLISHMENT Gerald Kirchberg, (Transfer from 3165 Central Avenue effective November 25, 1971), 3203 Jack- son Street Special Session, November 24, 1971 Passed, adopted and approved this 24th day of November, 1971. Joseph J. Bitter Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen 475 Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Presiding Officer Pro Tem Bitter, Councilmen Meyers, preg. ler. Nays-None. Absent-Mayor Couchman, Coun- cilman Moldenhauer. There being no further business Councilman Pregler moved to ad- journ. Seconded by Presiding Of- ficer Pro Tem Bitter. Carried by the following vote: Yeas-Presiding Officer Pro Tem Bitter, Councilmen Meyers, Preg- ler. Nays-None. Absent-Mayor Couchman, Coun- cilman Moldenhauer. Leo F. 'Frommelt City Clerk Approved ......................................1972 Adopted ........................................1972 """""""""""""""""""""""""""""" Councilmen Attest: """ëiÏŸ"Ci~~k"""""""""""'"