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1971 December Council Proceedings Regular Session, December 6, 1971 CITY COUNCIL OFFICIAL Regular Session, December 6, 1971. Council met at 7:30 P.M. (C.S.T.) Pre s e n t - Mayor Couchman, Councilmen Bitter, Meyers, Molden. hauer, Pregler. City Manager Gil. bert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING called for the purpose of acting upon such busioess as may proper- ly come before the meeting- Communication of F u h r man Realty, advising that Rims Realty Inc., has retained them to sell their land and huildings adjoining City Hall property to the south at 1225 and 1246 Central Ave. known as the Trenkle property, suggesting a low-cost solution to a joint law en- forcement center need. presented and read. Councilman Pregler moved that the communication be referred to the Citizens Committee. Seconded by Mayor Couchman. car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldhauer, Pregler. Nays - None. Communication of Dubuque Ad- visory Commission recommending that the Citizens Committee for law Enforcement be assigned to also study the feasibility of Fuhrman's proposal to remodel two existing buildings into a law enforcement center due to time, also at the mo- ment the group is the most expert on the subject matter, and also the group is composed of both County and City representatives, presented and read. Councilman Pregler moved that the communication be I referred to the Citizen's Commit- tee. Seconded hy Mayor Couchroan. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler- Nays - None. Councilman Bitter moved that the rules be suspended in order too let anyone present address the Council if they so desire. Seconded 477 by Councilman Moldenhauer. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Mr. Fuhrman addressed the Council relative to their proposal on the sale of property to the south of the City Hall suggesting the pos- sibility of multiple uses of the buildings for either additional of- fice space for the City or law uses. Mr. William Woodward suggested the sharing of feasibility costs. Communication of Attorney Hal Reynolds, representiog Healy Me- chanical Contractors 1nc., remind- ing the Council of an unpaid bal- ance still owing Healy Mechanical in the construction of the Cedar Street Lift Station, presented and read. Councilman Meyers moved that the communication he re- ceived and filed after the City Manager advised the Council that the matter is still under considera- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Alfred E. Hughes, representing the Dubuque Packing Co., expressing a desire to purchase Lot 3 in River Front Sub. No.4, south of Fengler street over- pass, containing 51,400 square feet at a price of $10,280. Councilman Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Attorney Alfred E. Hughes ad- dressed the Council relative to the proposed purchase of sale of the land for the Dubuque Paeklng Company. Communication of Mayors In- dustrial Committee recommendiog sale of Lot 3 of River Front Sub. No.4 to the Dubuque Packing Co., 1.18 acres, at 20! per square foot, in the amount of $10,280., and submitting a binder check in the amount of $2000., presented and 1;!il!~~~~11 ;1 11~!~i.1111 Regular Session, December 6, 1971 478 Regular Session, December 6, 1971 read. Councilman Pregler moved that are being redeveloped and that the communication be re1lerr- replatted, subject to the provisions ed to the City Manager for negotia- of the Subdivision Regulations. tion and proper proceedings. Se- The concern about this type of conded by Councll~an Meyers. Car- regulation is its limitation in the TIed by the followmg vote: older areas where large deficiencies . Yeas - .Mayor Couchman, Coun- exist at the present time, locludiog cllmen Bliter, Meyers, Molden- relatively small school playgrounds, hauer, Pregler. as compared with twelve acre sites Nays - None. that are usually purchased in the . . newly developlog areas. In trying Co~mumcaho~ . of Low;Rent to remove this limitation, the Com Housmg CommISSIOn submlitmg mission considered the use of the minutes of their meeting of No- Zonlog Ordinance to meet, basical- vember 16,.1971, presented and ly, the same objectives and re- read. Councllman Meyers moved lating it to the creation of new that the commumcahon be recClved houslog units and the minimum ~d filed. Se~onded by Councilman land area necessary for each a BItter. CarrIed by the followmg those dwelliog units. This method vote: seems to make the effort more ge- Yeas - Mayor Couchman, Coun- nerally applicable throughout the cilmen Bitter, Meyers, Molden- community. hauer, Pregler. At the first work session on the Nays - None. proposed Zoning Ordioance, held Communication of U.s. Environ- ~~ the Commis~ion and .Council, mental Protection Agency advislog Jomtl~, thIs subJe~t was dlScussed. that the City water supply has Council memb.ers mdicated gene.ral been selected nationally for certi- agree~ent. Wlth .the co~sslQn fication for use on interstate car- on thIs pomt. It 18 the opmlOn of riers presented and read. Mayor the Commission that the best ad- Couchman moved that the com- vice tha~ they can submit to the munication be received and filed Council, at this time, is to conti. and referred to the Water Depart- nue to develop the proposed Z?n- ment. Seconded by Councilman mg Ordmance towards adopt~on Moldenhauer. Carried by the fol- a.nd to handle open-space dedlca- lowlog vote: ~\:'en o'~di~~~C:anner proposed by Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- I will be present at the meetlog hauer, Pregler. on December 6th to explain the Nays - None Commission's recommendation 10 . more detail. December 6, 1971 Respectfully submitted, Honorable Mayor and City Planning and Zoning Council Members Commission The City Planning and Zoning Don Gilson Commission has reviewed the re- City Planner commendation of the Dubuque Ad visory Commission that the Coun- Mayor Couchman moved that cil adopt an Ordioance amendlog the report be received and re- the Subdivision Regulations to re- ferred back to the Manager for quire dedication of park space in further discussion with the Com- new subdivisions. mission and the Council. Second- The ohjective of this proposal ed by Counc~an Pregler. Carried would be to shift the responsibility by the followïng vote: of providing neighborhood park fa- Yeas - Mayor Couchman, Coun- cilities lIrom belog a general obli- cilmen Bitter, Meyers, Molden- gation of the community to the hauer, Pregler. developer of land withlo the com- Nays - None. munity. Because of the jurisdiction of the Subdivision Regulations this Councilman Pregler moved that could only apply to newly develop- a target date of January 10, 1972 log areas within (he community be set with the Plannlog & Zoning that are being platted, or 10 areas Commission. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. November 29, 1971 To the Honorable Mayor and City Council I am returnlog to you the letter of Mrs. E. M. Nicholson which you referred to the City Manager for report. As a report, I am enclosing John White's letter to the Council and a copy of his letter to Mrs. Nicholson. I believe that these letters explain the excavation per- mit charge made by the City. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Mrs. E. M. Nicholson, expressing thanks for assistance rendered relative to her complaint as to the excavation in the alley to the rear of 1633 Elm Street, by being responsive and helpful, presented and read. Coun- cilman Pregler moved that the com- munication be received and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. November 22, 1971 To the Honorable Mayor and City Council I berewith submit the reports of the City Treasurer, City Auditor and Water Superintendent for the month of October 1971, also list of claims for October 1971, and Health Department for October. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. ~ . 479 Seconded by Councilman Meyers, Carried by the folowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of list of claims for month of October 1971, pre- sented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyer, Molden- hauer, Pregler. Nays-None. December 3, 1971 To the Honorable Mayor and City Council Several months ago you referred to your staff a petition for the im- provement of Cody Field at the end of Cody Drive. The land had been given to the City by the de- veloper Mr. Dick Henschel. The field has not been improved and, consequently, I report to you on the situation. 1. The field has been inspected by the staff and it is believed that the plot should not be developed because of the slope of the land and because it is located close to a school site. 2. We have met with Mr. Hen- schel and an arrangement has been discussed whereby Cody Fïeld would be exchanged for other land. We have not yet selected the exchange pro- perty. 3. We have talked to the school superintendent and Mr. Hen- schel about the use of a por- tion of the school site as a play area. Their permission can be obtained. We could level and seed a plot for re- creation purposes. I will try to complete the pro- perty arrangements within the next week or so. I do not expect that the school site play area can be improved until next spring. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and ill~~II~~1111 480 Regular Session, December 6, 1971 filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler. Nays - None. December 2, 1971 To the Honorable Mayor and Members of the City Council This is to advise that I have ap- proved the following policy and bond, and desire to have your ap- proval of same. COMPREHENSIVE LIABILITY Fondell & Sons, Inc., Hartford Ac- cident & Indemnity Co. T V LIABILITY BOND Dubuque TV-FM Cable Company, A Division of H & B Communi- cations Corporation, The Travel- ers Indemnity Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of fillog of the policy and bond subject to approval of the City Attorney. Seconded by Coun- cilman Meyers. Carried by the fol- lowlog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. December 3,1971 To the Honorable Mayor and City Council 1 am returning to you the peti- tion of Richard Kelly and others requesting the improvement of street lighting on Bennett Street. The area has been inspected and it is recommended that the street lightlog be adjusted as follows: 1. Replace fixture at intersection of North Algona and Bennett with 175 watt Mercury Vapor fixture. 2. Add new 175 watt Mercury Vapor fixture to existing pole on property line between 1991 and 1975 Bennett Street. 3. Relocate existing fixture on pole on property line between 1889 and 1879 Bennett Street, and replace with a 175 watt Mercury Vapor fixture. 4. Replace fixture on property lioe between 1775 and 1765 Bennett Street with a 175 watt Mercury Vapor fixture. Respectfully, Gilbert D. Chavenelle City Manager Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. December 2, 1971 Hon. Mayor and City Council On December 8, 1971, Mrs. AI- vena Chalder filed claim against the City of Dubuque, Iowa claim- ing nijuries and damage suffered as the result of an alleged fall on 16th day of November, 1970 on the public sidewalk between 8th and 9th Streets on the east side of Bluff Street abutting the parking ramp on Bluff Street, and that as the re- sult of said fall the said Mrs. Chalder suffered sprained and bruises of both hands and scraped her nose and forehead and also a bad abrasion to the right knee and which abrasion to the right knee subsequently developed into neuro- dermotis and requiring further treahnent and care over a pro- longed period of time; that she in- curred hospital bills at Iowa City in the amount of $107.00, she in- curred doctor bills 10 the amount of $93.00 and locurred bills total- ling $138.43 for medications, drugs and bandages and that, in addition thereto, she suffered loss of wages in the amount of $709.09; that the said AIvena Chadler through her attorney have made an offer of settlement 10 the amount of $2,000.00 and it is the recommenda- tion of the City Attorney that said offer of settlement be accepted, and that the City Auditor be in- structed to draw warrant payable to Alvena Chalder and transmit the same to the City Attorney for de- livery upon receipt of duly exe- cuted releases. photographs of the area in ques- tion are attached hereto for your information, and original claim hereto files is attached hereto. Respectfully submitted, R.N. Russo City Attorney Regular Session, December 6, 1971 Councilman Bitter moved approv- al of the recommendation. Second- ed by Councilman Moldenhauer. Carried by the followlog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nayo-None. Communication of City Attorney submitting a statement relative to the application of Mr. Huber and Mr. Meehan, for an easement to gain access to the Eagle Point Park Road and that while he had infor- mation about the possibility of ex- change of property in the area same never reached the level of an offer and further attention to this matter would be to no avail, pre- sented and read. Councilman Preg- ler moved that the communication 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. Communication of City Attorney advising of a correction of a defec- tive condition of a sidewalk at W. 9th Street abutting American Trust & Savings Bank parking lot which resulted in a fall by Sr. Christine Boesch, of which the City Attorney was advised and presented same at the Council meeting of June 28, 1971, presented and read. Coun- cilman Bitter moved that the com- munication be received and filed. Seconded by Councilmen Pregler. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Naye-None. Notice of claim of Greg Stephen Hutchinson in the amount of $13.70 for car damage received in leaving the Locust Street parking ramp on November 18, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer. Pregler. Nays-None. 481 Notice of claim of Vernon Pau- ley, in the amount of $131.13 for car damage incurred as the re- sult of striking a protrnding curb on the northeast side of English Lane on November 11, 1971, pre- sented and read. Councilman Pregler moved that the notice of claim be referred to the City Soli- citor for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of Claim of Linda Rae Doser of Dickeyville, Wis. in the amount of $109.75 for personal in- juries received in a fall on the steps in the 8th Street Parking Ramp on September 27, 1971, pre- sented and read. Councilman Preg- ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Se- conded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of Claim of Shirley A- Lang, in the amount of $86.95, for car damage incurred while driving over E. 7th Street railroad cross- ing on November 12, 1971, pre- sented and read. Councilman Preg- ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Se- conded by Councilman Meyers. Car- ried by the followlog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of Claim of Oscar G. Huebsch, in the amount of $148.00 for personal property loss and la- bor incurred as the result of a sanitary sewer back-up on Novem- ber 23, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Meyers. Carried by the follow- log vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. 482 Regular Session, December 6, 1971 tn "'i, OnH.."". unle.. "'e ",niext """,,",I,e n,qul,e" Regular Session, December 6, 1971 483 Notice of Claim of Mrs. Jo- seph Hager of Bellevue, Iowa, in an undetermined amount, for per- sonal injuries received in a fall on a defective sidewalk on W. 16th street between Central and Iowa on November 13, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Meyers. Carried by I the followlog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. ORDINANCE NO. 61.71 AN ORDINANC5 PROHIBITING UNFAIR PRACTICES AS TO ACCOMODATIONS OR SERVICES, PROHIBITING UNFAIR EM- PLOYMENT PRACTICES, PRO. HIBITING UNFAIR HOUSING PRACTICES AND PROHIBITING THAT AIDING OR ABETTING OF SUCH UNFAIR PRACTICES, presented and read. Dr. Virgil Cruz, Pat Dinan, Mrs. Jane Jamison, AI Moran and Rose Maruyama all spoke in favor the proposed ordinance. Mr. Joseph Williams of 220 Cardüf St. raised a question as to secrecy of meet- ings. Councilman Meyers moved that the readlog just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Councilman Meyers moved that the rule reqniring reading of an Ordinance on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. mOY be; -bur need not ~, of the Comml..lon. The "'oil fill v"oncle, omo,," fo, "'e ,emoln<le' of 1he fe,m. Section '04. Meeting,. rul... quOf'- um. 4. To hold he"'ng, upon ony "'m- ptolnt mode o.oln,t 0 ,.,'an. on em- ploye"~ on employment ogency, °' 0 lobo, o"oni"Hon, °' "'e employee, a' membe" "'","of, 0 ,uPOena wlt- ne..e, 000 compel thel, otiendonce ot ,uch he"in". to odmlnl,i... ooth, 000 to" the ",tlmony of ony p",on un<lOf' ooth, om! to compel ,uch POf'- in- - --- -. . ....---..- ......- "ono" ot POf"on' of ony p,,- tlcul" me, med, colo,. '"x, n"lonal o,igln, Of' ..,;glon i, unwe.",me, oblectlonobl" not "cep,"b.,. °' not "',ielied. 2. Thl' ...,tlon "'oil not opply to, o. Any bono fide ,ellgiou, In'H- i- b. 'f';:' ,entol 0' lea'ln; to t'~n~;: ent Indivlduo" of Ie.. thon ,ix ,oem, within 0 ,Ingle hou,'ng "commodation If the DcCU- If) 00 ... , ~ ~õ ~c~ ~i 1~~ "~" ~¡ ~ ~~8 ~m. ~~ ~~ .~ . ~:¡:¡~E .=" "-ü ~~:¡"":":"-;~~~t":", e~ ~~ ~~~j¡~ ~ ~~;:,2Ü *c ~~ ~~g~U ~~ iE.~'" ,¡:'-' ~~c, ,::~ð;~i 0 ~;j ::¡":",~~E ;¡ ~~ S3üm ; ¡:: Go ..., <.Ô ¡¡ ..0 S " " " Q of .~ 03 00 ,,; '" ..: . ~E~~Eèi~gl~ 2if~'¡~~~¡:~"~ M~..1!~Jj~"~€£ ~¥~~~,,~.~'= 1!g;;.~S~2jj~~ :1i~~~ci"~£:~~ ~~~m~~~=~ ~.8Ë"ë~t:¡~~ E~.~.~Ë¡¡¡2..: ~i~r~~~1Ui ... ... ... ... ..¡ ~ ], " ¡<: '" ë " '<is . ~ H ~~ jJ ~~..e r- o. :!! !: ~¡:~ ~~ ~~ ~!~ õl~~:~ . 2. - . ~õ~ .a ¿2Sß~~~~~: ~ Eo"~£ . ~~~~~ :; .. gO c ;~~¡¡aI ~ ~t~>~ .. ~~:~~ ; j;¡¡~~¡¡ M ~.r~t ¡¡ ~~~H ~ ~m~~"' ¡¡~H > 0 :¡á~s ~~ig ~"õ~ ~õ¿8 H~~ ~~H 'ê~~~ ~~t~ ;;1: ... 486 Regular Session, December 6, 1971 Regular Session, December 6, 1971 487 Councilman Meyers moved final adoption of the Ordinance. Se- conded by Mayor Couchman. Car- ried by the followiog vote: Yeas - Mayor Couchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Dubuque Ass'n of the Blind requesting permission to conduct their annual candy sale during February and March of 1972, also requesting the Mayor to issue a proclamation that February be designated as the Dubuque As- sociation of the Blind month, pre- sented and read. Mayor Couchman moved approval of the petition and referred same to the City Manager for implementation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun I cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. ' Petition of Peoples Natural Gas requesting pennission to excavate at 1465 Sycamore Street to shut off leakiog service lioe, presented and read. Councilman Bitter moved ap- proval of the petition. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of U.S. Navy Recruiting Branch Station requesting permis- sion to conduct an asembly, plus permission to block off vehicular traffic on 6th Street from the al- ley between Locust and Maio to Main from 10:00 A.M. to 11:00 A.M. on December 22, 1971, at 225 W. 6th Street in recognition of open- ing new quarters, presented and read. Councilman Pregler moved approval of the petition to be re- ferred to the City Manager. Se- conded by Councilman Molden- haeur. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Oscar Lundgren and James A. Wallace requesting per- mission to address the Council to change ordioance permitting high rise apartment construction in ur- ban renewal, also to question Rev. Rhomberg and Gent Wittenberg on their operations, also to public departments and commissions in- cluding boards, presented and read. Councilman Pregler moved that the commllnication be re- ceived and filed and referred to the meeting of December 20th. Seconded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Florence Herburger requesting a $50. refund on the unexpired portion of cigarette li- cense No. 194, as she has discon- tinued business on 11-15-71, pre- sented and read. Councilman Me- yers moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. So- conded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Loras F. Schiltz re- questing a $50. refund on the un- expired portion of cigarette license No. 294, as he has discontinued busioess on 11-24-71, presented and read. Councilmen Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Attorney Arnold J. VanEtten, representing Andrew & Gust Karigan, requesting deposit refund for proposed land purchase 10 the Urban Renewal area, said proposed sale was not carried out, and after five months have elapsed no refund or explanation has been made by Urban Renewal, present- ed and read. Councilman Bitter moved that the communication be received and filed and referred to the Council meeting of December 20th. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 351.71 Resolution forTransfer of Dead Fund. WHEREAS, there is now in the hands of the treasurer the sum of $12,555.59, credited to the J.F.K. Fire Station fund, and WHEREAS, said sum of money was raised for the purpose of Fire Station Construction, and WHEREAS, the purpose for which said sum of money was raised has ceased to exist, NOW, THEREFORE, be it re- solved by the City Council of Du- buque County, Iowa, that the said sum of $12,555.59 be and the same is hereby transferred from the J.F.K. Fïre Station fund to the Fïre Equipment fund and the City Auditor is directed to correct his books accordiogly and to notify the treasurer of this transfer, ac- companying the notification with a copy of this resolution and the record of its adoption. (Presidiog Officer( Gaylord M. Couchman, Mayor. (Secretarial Officer) Leo F. From- melt, City Clerk. ' The above and foregoing resolu- tion was adopted by the City Coun- cil of Dubuque, Dubuque County, Iowa, at a regular meeting of the same on the 6th day of December A.D. 1971 The vote thereon beiog as follows: Ayes - Gaylord M. Couchman, Mayor, Joseph J. Bitter, Donald R. Meyers, Wayne A. Moldenhauer, Water A. Pregler, Councilmen. Nays-None. Presiding Officer) Gaylord M. Couchman, Mayor. (Secretarial Officer) 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, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 352.71 RESOLUTION AND APPLICATION FOR APPROVAL OF THE PERMANENT TRANS- FER OF FUNDS WHEREAS, there is now in the hands of the treasurer the sum of $3,280.00, credited to the GENE- RAL (Land Sales) fund, and WHEREAS, it is desired to trans- fer $3,280.00 from the GENERAL (Land Sales) Fund to the PROJECT EXPENDITURES (Urban Renewal) Iowa R-15 Fund, for the following reasons: Cash payment due to the Project. and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa; and WHEREAS, there is sufficient money in the GENERAL (Land Sales) fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of Du- buque County, Iowa, subject to the approval of the State Comptroller, that said sum of $3,280.00 be, and the same is hereby transferred from the GENERAL (Land Sales) funds to the PROJECT EXPENDI- TURES (Urban Renewal) Iowa R- 15 fund, and the Auditor (Secre- tarial officer) is directed to correct his books accordingly and to noti- fy the treasurer of this transfer, accompanyiog the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Ayes - Gaylord M. Couchman, Mayor, Joseph J. Bitter, Donald R. Meyers, Wayne A. Moldenhauer, Walter A. Pregler, Councilmen. Nays-None. Gaylord M. Couchman (Presiding officer) Leo F. Frommelt (Secretarial officer) I hereby certify the above to be a true and correct copy of resolu- tion passed by the City Council on the 6th day of December, A.D. 1971. Leo F. Frommelt (Secretarial officer) APPROVAL The above application and re- solution having been filed with the State Appeal Board, the trans- fer requested is approved this 9 day of December, 1971. Mayor Couchman moved adop- tion of the resolution. Seconded by 488 Regular Session, December 6, 1971 Councilman Pregler. Carried by the following vote. Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Communication of Board of Dock Commissioners submitting a resolu- tion honoring Vincent J. Kaiser as a member of the Board, recently resigned, and requesting a similar resolution from the City Council, presented and read. Councilman Pregler moved that the communica- tion be recevied and filed and re- ferred to the City Solicitor. Second- ed by Councilman Moldenhauer. Carried by the following vote: yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays- None. DOCK BOARD RESOLUTION NO. 11-24-71 WHEREAS, Vincent J. Kaiser has been a member of the Dock Commission in and for the City of Dubuque, Iowa since the 10th day of February, 1964; and I WHEREAS, said Vincent J. Kaiser has devoted his time and given unstintingly of his energies in the development of the river front of the City of Dubuque for industrial, commerical and recrea- tional purposes; and WHEREAS, the said Vincent J. Kaiser by his acts and deeds as a Dock Commissioner has rendered services to the City of Dubuque and its inhabitants in acocrdance with the highest standards and de- gree of public service; and WHEREAS, by reason of the private affairs of the said Vincent J. Kaiser, he found it necessary to resign from said Dock Commis- sion. NOW THEREFORE BE IT RE- SOLVED BY THE BOARD OF DOCK COMMISSIONERS OF THE CITY OF DUBUQUE, IOWA: Section 1. That the resignation of Vincent J. Kaiser from his office of Commisssioner of the Board of Dock Commissioners in and for the City of Dubuque, Iowa should be marked and be observed by the adoption of this Resolution as a distinct honor and a vote of esteem from his fellow Commissioners, as ^',..~ well as being an expression of thanks for his valued services. Section 2. That this Resolution be made a part of the perroanent records of the Dock Commission of the City of Dubuque, Iowa and that a copy of this Resolution be trans- mitted to the City Council of the City of Dubuque, Iowa with a re- quest that same be entered upon the permanent records of the City of Dubuque, Iowa. Passed, approved and adopted this 24 day of November, 1971. Joe R. Voelker Chairroan F. J. Schreiber Commissioners Attest: F. J. Schreiber Councilman Pregler moved that the resolution be received and filed and made a matter of record. Sec- onded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 353-71 ACCEPTING DELIVERY OF DEEDS FOR THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R- 15, certain parcels of real estate by purchase; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That delivery of 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. Regular Session, December 6, 1971 Grantor, Philip R. Renier and Betty Renier, Deed dated October 9, 1971, Recored in Book 207, Page 241. Property Description, The South One-Third of Lot 63 in the City of Dubuque, Iowa, according to the United States Commissioners' Plat of the Survey of said Town. (Parcel 12-11). Section 2. That the recording of the respective deeds of conveyance of title in the office of the Re- corder 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 Resolution in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved, and adopted this 6th day of December, 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 Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. November 11, 1971 To the Honorable Mayor and City Council This is to advise you that the ,construction of the West Third Street and Parkway Storm Sewer- 1971, 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 Tschiggfrie Excavating of Du- buque, Iowa, and the City of Du- buque Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman 489 Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None FINAL ESTIMATE RESOLUTION No. 354-71 WHEREAS, the contract for the construction of: WEST THIRD STREET and PARKWAY STORM SEWER-1971 has been completed and the City Engineer has submit- ted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $7,686.62 That none of the cost thereof shall be assessable upon private property and $7,686.62 shall be paid from the Storm Sewer Sub- division Extension Fund of the City of Dubuque. Passed, adopted and approved this 6th day of December 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 Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (A Resolution Accepting Improve. ment) RESOLUTION No. 355.71 WHEREAS, the contract for the construction of: WEST TlßRD STREET and PARKWAY STORM SEWER-1971 has been completed and the City Manager has ex- amined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and 490 Regular Session, December 6, 1971 specifications and recommends its acceptance, now therefore, BE IT RESOLVED by the City Council of Dubuque, that the rec- ommendation of the City Manager be approved and that said improve- ment 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 Storm Sewer Sub- division Extension Fund upon the above described improvement in amount equal to the amount of his contract, less any retained percent- age provided for therein. Passed, and approved this 6th day of December, 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 Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. November 11, 1971 To the Honorable Mayor and City Council This is to advise you that the construction of the Oeth Court Storm Sewer System Extension- 1971, 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 Tschiggfrie Excavatiog of Du- buque, Iowa, and the City of Du- buque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the followiog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. ,",,'it- FINAL ESTIMATE RESOLUTION No. 356-71 WHEREAS, the contract for the construction of: OETH COURT STORM SEWER SYSTEM EXTEN- SION-1971 has been completed and the City Engineer has submit- ted his final estimate showiog the cost thereof includiog the cost of estimates, notices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $6,356.65. That none of the cost thereof shall be assessable upon private property and $6,356.65 shall be paid from the Storm Sewer Sub- division Extension Fund of the City of Dubuque. Passed, adopted and approved this 6th day of December, 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, Molden- hauer, Pregler. Nays-None. (A Resolution Accepting Improve. ment) RESOLUTION No. 357.71 WHEREAS, the contract for the construction of: OETH COURT STORM SEWER SYSTEM EXTEN- SION-1971 has been completed and the City Manager has ex- amined the work and filed his cer- tificate statiog that the same has been completed accordiog 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. Regular Session, December 6, 1971 491 BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Storm Sewer Subdivision Extension Fund upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, and approved this 6th day December, 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 followiog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 358.71 RESOLUTION APPROVING OF- FICIAL BUDGET REPORT OF MUNICIPALITY FOR MUNICIPAL STREETS AND PARKING FOR 1972. WHEREAS, an official budget re- port of the City of Dubuque for Municipal Streets and Parking for the year beginning January 1, 1972 and ending December 31, 1972, has been duly prepared in accordance with Chapter 312.13 Road Use Tax Fund, Code of Iowa 1971, and sub- mitted to this Council for approval, and WHEREAS, this Council has ex- amined the "Official Budget Report of the City of Dubuque, Iowa for Municipal Streets Parking from January 1, 1972 to December 31, 1972" wherein the Distribution of receipts and expenditures are shown. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Official Budget Report of the City of Dubuque for Mu- nicipal Streets and Parkiog for the year beginning January 1, 1972 and ending December 31, 1972 be and the same is hereby approved. Passed, adopted and approved this 6th day of December 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 Meyers. Carried by the folowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. November 29, 1971 To the Honorable Mayor and City Council Construction of the City of Du. buque, 1971 Concrete With Integral Curb, Project No. I and work in- cidental thereto in and for the City of Dubuque, Iowa has been com- pleted in accordance with plans, specifications and the contract by and between the Flynn Construc- tion Company of Dubuque, Iowa and the City of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the folowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. FINAL ESTIMATE RESOLUTION 359.71 WHEREAS, the contract for the CITY OF DUBUQUE, 1971 CON- CRETE PAVING WITH INTEGRAL CURB, PROJECT NO.1 has been completed and the City Engineer has submitted final estimate show- ing the cost thereof including the cost of estimates, notices, iospec- tion, and preparing the assesment and plat, now therefore, 492 Regular Session, December 6, 1971 Regular Session, December 6, 1971 493 BE 1T RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $21,162.29. That NONE of the cost thereof shall be assessable upon private property and $1,351.82 shan be paid from the LIBRARY Fund and $19,810.47 from Road Use Tax Ft¡nd of the City of Dubuque. Passed, adopted and approved this 6th day of December 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo FI Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the folowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (A Resolution Accepting Improvement) RESOLUTION NO. 360.71 WHEREAS, the contract for the City of Dubuque, 1971 Concrete Paving with Integral Curb, Proj- ect No.1, has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ac- ceptance, 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 Library Fund & Road Use Tax Fund 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 c,"," this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Section 2. The Mayor is hereby authorized and directed to execute said Amendatory Contract in two counterparts on behalf of the Lo- cal Public Agency, and the City Clerk is hereby authorized and di- rected to impress and attest the official seal of the Local Public Agency On each such counterpart, and to forward such counterparts to the Department of Housing and Urhan Development, for execution on behalf of the Government, to- gether with such other documents relative to the approval and exe- cution of such counterparts as may be required by the Govern- ment. Passed, approved and adopted this 6th day of December, 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 Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 361.71 Approving and providing for the execution of Third Amenda- tory Contract Amending Con. tract No. Iowa R.15 (LG) by and between the City of Dubuque, Iowa and the United States of America. WHEREAS, under date of July 26, 1967, the City of Dubuque (herein called the "Local Public Agency") and the United States of American (herein caned the "Government") entered into a Loan and Capital Grant Contract No. Iowa R-15 (LG) for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, an application sub- mitted by the Local Public Agency with the Government for a revised Relocation Grant was approved under date of June 25, 1971, and for which approval the Local Pub- lic Agency and the Government entered into a Second Amendatory Contract under date of September 16, 1971; and WHEREAS, the said revised Re- location Grant necessitates an ad- ditional Project lnspection Fee which is the subject matter of the Third Amendatory Contract; now therefore, BE IT RESOLVED by the Couo- cil of the City of Dubuque, Iowa. Section I. The pending proposed Third Amendatory Contract (here- in caned the "Amendatory con- tract"), amending Contract No. Iowa R-15 (LG) (as heretofore amended), by and between the Lo- cal Public Agency and the Gov- ernment, is hereby in all respects approved. Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the foliowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 362-71 Fixing the Date of Public Hear- ing for an Urban Renewal Plan Change for the Downtown Ur- ban Renewal Project, Iowa R-15. WHEREAS under date of July 26, 1967, the 'City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract, Contract No. Iowa R-15 (LG), as amended to date, for the undertaking of the Downtown Urban Renewal Project, Project No. Iowa R-15 (herein caned the "Project"): and WHEREAS, pursuant to said contract, as amended, the City of Dubuque is carrying out the Proj- ect in conformance with the ap- proved Urban Renewal Plan for the Project; and WHEREAS, it is proposed to be in the best interest of both the Project and the City of Dubuque to effectuate a plan change to the approved Urban Renewal Plan for the Project; and WHEREAS, the proposed plan change is of the nature which reo quires a public hearing as set forth in Section 403.5 of the 1966 Code of Iowa, as amended to date, and in conformance with the appropri- ate policies and regulations of the United States Department of Hous- ing and Urban Development; nOW therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section I. That a public hearing on a proposed plan change to the approved Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15, will be held at 7:30 P.M. on December 20, 1971, in City Council Chambers, City Han, 13th and Iowa, Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of public hearing in the form and style of "Exhibit A" attached here- to and made a part hereof. Passed, approved, and adopted this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk LEGAL NOTICE OF HEARING Proposed Urban Renewal Plan Change Downtown Urban Re. newal Project. Notice is hereby given that a public hearing will be conducted by the City of Dubuque on a pro- posed Urban Renewal Plan change. Said hearing will be held in City Council Chambers, City Han, Du- buque, Iowa, at 7:30 P.M. on the 20th day of December, 1971. An property owners within the Project Area as hereinafter set forth shan take notice that the proposed plan change is in connec- tion with the Downtown Urban Re- newal Project, Iowa R-15, which includes that area bounded as fol- lows: 4th Street on the south, Locust Street on the west, 9th Street on the north, and Central Avenue on the east. and surrounding areas to match and balance the current industrial, commercial, academic and eco- nomic growth of the Dubuque Met- ropolitan area. Passed, approved, and adopted this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen 494 Regular Session, December 6, 1971 The purpose of this hearing is to consider a proposal to amend the approved Urban Renewal Plan to permit multifamily residential use as an additional use in Redevelop- ment Area 5. Said Development Area 5 is bounded by Fïfth, L0- cust, Sixth and the Service Road running north and south located between Locust and Main Street. Any person or organization de- siring to be heard will be so giv- en the opportunity at the hearing. Materials and further informa- tion is available for inspection at the office of the Director of Ur- ban Renewal, Suite 10-B Fischer Building, Dubuque, Iowa, between 8:00 AM. and 5:00 P.M. except Saturdays, Sundays and Holidays. Telephone inquiries may be made at the Urban Renewal Office 588- 0017. ' 2t. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution as amended. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION No. 363.71 ENDORSING THE FIVE FLAGS CENTER DEVELOPMENT WHEREAS, a non-profit organi- zation known as the Dubuque Five Flags Center Fund has been orga- nized for the purpose of raising funds for the purchase and restora- tion of the Orpheum Theater and for the purchase of certain addi- tional land adjacent to the Or- pheum Theater for construction thereon of a madero, year-round public assembly facility for civic, cultural, recreation, entertaimnent, convention, exhibition and other community uses; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Fïve Flags Center Project is looked upon with favor by the City Council of the City of Dubuque and is recom- mend to the entire community as worthy of its support to provide a facility which would enhance the cultural and citizen participa- tion potential of the community Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution as amended. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for public inmprovements and hearing upon proposed plans and specifications, form of contract and cost improvements for construction of City of Dubuque Water Main Extension Project No.1, Contract 1 Section 1, Rockdale Road Water Maio Extension and Contract 1, Section 2, Southern Avenue water main extension, presented and read. No written objectors were filed and no oral objectors were pres- ent in the Conucil Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays (Necenlty for Improvement) RESOLUTION No. 314-71 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 follow- ing: Regular Session, December 6, 1971 1. An estimate of the cost of the proposed improvement for the City of Dubuque 1971 Water Main Ex- tension Project No.1 Contract 1-. Section 1 - Rockdale Road Water Main Extension Contract 1-Sec- tion2 - 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 welfare to make the hereinmentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob- jections 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 makiog 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. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 6th day of December, 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 final adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. 495 (Ordering Construction) RESOLUTION No. 364.71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a Resolu- tion of Necessity No. 314-71 which was duly passed by this Council for the City of Dubuque 1971 Water Extension Project No.1 Contract 1-Section 1-Rockdale Road Wa- ter Main Extension Contract 1- Section 2-Southern Avenue Water Maio Extension be and are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. AI! the work shal! 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 improvement be paid from the Water Works General Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided for in the man- ner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shal! be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 6th day of December, 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 Meyers. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of the receipt of proposals 1IIIIIIi~lil, Ii 496 Regular Session, December 6, 1971 Regular Session, December 6, 1971 497 for the construction of City of Du- buque water main extension proj- ect No.1, Rockdale Road and Southern Avenue, presented and read. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. December 3, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M., Thursday, December 2, 1971 for the City of Dubuque 1971 Water Main Extension Project No. 1, Contract 1, Section 1- Rockdale Road, Contract 1, Section 2- Southern Avenue. The lowest bid entered was entered by the M. F. Goerdt Construction Company of Dubuque, Iowa. Their bid was 3.96% over the estimate for Sec- tion 1-Rockdale Road. The lowest bid entered was entered by the Economy Excavating Company of Lansing, Iowa for Section 2- Southern Avenue. Their bid was 9.43% under the estimate. I recommend the contract for Contract 1, Section 1 - Rockdale Road be awarded to the M. F. Goerdt Construction Company. 1 recommend the contract for Contract 1, Section 2---Southern Avenue be awarded to the Eco- nomy Excavating Company. Respectfully submitted, Gilbert D Chavenelle City Manager Councilman Pregler moved that the recommendation be received and Fïled. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Awa.rding contract) RESOLUTION NO. 365.71 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1971 Water Main Extension Project No. 1, Contract 1, Section 1, Rockdale JI<." Road Water Main Extension pur- suant to Resolution No. 315-71 and notice to bidders published in a newspaper published in said City on November 8 1971 and Novem- ber 15, 1971; and WHEREAS, said sealed propos- als were opened and read on De- cember 2, 1971, and it has been determined that the bid of M. F. Goerdt Construction Company of Dubuque, Iowa in the amount of $184,148.75 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to M. F. Goerdt Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R- Meyers Joseph J. Bitter Councilmen notice to bidders published in a newspaper published in said City on November 8, 1971 and Novem- ber 15, 1971; and WHEREAS said sealed propos- als were ope;'ed and read on De- cember 2, 1971, and it has been determined that the bid of Econ- omy Excavating Company of Lans- ing, Iowa in the amount of $20,578.50 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Economy Excavating Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 6th day of December, 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 Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ado»- 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. (Awarding Contract) RESOLUTION NO. 366-71 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1971 Water Main Extension Project No. 1, Contract 1, Section 2, Southern Avenue Water Main Extension pur- suant to Resolution No. 315-71 and November 23, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has received your cor- respondence asking for a review of the zoning for the Hillcrest Apartment property located at John F. Kennedy Road and the proposed Hillcrest Road. During the past eight years this entire West side of our community, and particularly the areas adjacent to Kennedy Road, have been viewed, reviewed, studied and earefully planned by the Planning and Zon- ing Commission and City Councils. The Planning and Zoning Commis- sion, working for the Councils, have constantly had this area un- der review and have given special attention to overall neighborhood plans. The City Planning staff and Commissioners recommended to the Council the present zoning be- cause it is consistent with a mas- ter plan for the area and is also consistent with good standards for neighborhood planning. The Coun- cil, acting in good faith and hon- esty at a public hearing, then re- zoned this property only a few years ago (1968-1969). Our recommendation came to you, the Council, after very care- ful study and with due regard to the comprehensive plan for the whole area. Our group has the added benefit of continuity of long service by the Commissioners so that decisions are hased on knowl- edge of past experiences and his- tory of the development of com- plete subdivisions and areas. With this background, and with an abun- dance of time spent during the past two years reviewing the plan- ning maps to present the City Council with a new city map, we are still certain that our previous judgment was valid and consistent with the principles of good city planning. Each Commissioner states that he finds a review of the zoning of this property would serve no pur- pose at this time and that their previous recommendation should be your guide. Sincerely yours, CITY PLANNING AND ZONING COMM1SS10N George Deininger, Chm. Thomas Flynn, Jr. Richard Friedman Frank J. Glab Lester Streinz William A. Knapp Donald Sanders P.s. Recently there was an un- informed implication that a Plan- ning and Zoning Commissioner should not serve on the City Board of Adjustment at the same time that he serves on the Commission, 498 Regular Session, December 6, 1971 Regular Session, December 6, 1971 499 This is a very correct appointment by the City Council and has been I so in Dubuque for as long as most older men in City government can remember. Other communities also have exercised this same wisdom and good judgment. The County Zoning Ordinance requires that one member of the County Zoning Commission also serve on the County Zoning Board of Adjust- ment. There is no conflict of In- terest, but, rather, a better com- munication and service is estab- lished by one or two members. Councilman Pregler 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. Communication of At tor n e y Francis J. O'Connor, representing property owners in or adjacent to Powers property, who requested rezoning and reconsideration of the Powers farm property to be changed back to Single Family classification, beiog authorized by the property owners to withdraw the petition, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Couch- man. carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. December 2, 1971 Hon. Mayor and City Council You will recall that at the meet- ing of 15th day of November, 1971 of the City Council of Dubuque, Iowa, a petition by numerous ob- jector-petitioners in the area of Tyler Road petitioned the City Council for rezoniog of the real estate commonly described as "Powers property" from the multi- ple residence district classification baek to single family residence dis- tric classification. The petition was prompted by the objections of the property owners 10 question object- ing to the improvement of a por- tion of the "Powers property" by a planned unit development. Your honorable body referred that matter to the City Planning and Zoning Commission. Thereafter, at a hearing before the Board of Adjustroent it ap- peared that the contending parties had tentatively reached an agree- ment but it was at the suggestion of the City Attorney that in order to protect the interest of the City that any agreement that they might make which would be the basis of the withdrawal of the objections by the objectors would be pre- mised that none of the contending parties for a period of ten years would petition the City Council for the opening of Pasadena Avenue to extend and connect to what is known as Tyler Stret and has now been described as Lot 3 of Lot 1 of Lot 1 of "Powers Place." It appears to the writer that the matters in contention among all the parties hereto have been resolved to the satisfaction of the Board of Adjustment of the City of Du- buque, 10wa. The City Attorney has assisted in the preparation of the agreement for all of the contending parties to execute and same has been ex- ecuted and is returned herewith for recording with the City Clerk as part of the permanent records of the City of Dubuque, Iowa, and I am also enclosing herewith a letter from Mr. Francis O'Connor representing all of the objectors withdrawing objections and peti- tion for the rezoning of said prop- erty which was done at the meeting of November 15, 1971. Accordingly, it appears that this matter has been amicably resolved by the contending parties without any further involvement of the City of Dubuque, Iowa, or any of its agencies. Respectfulty submitted, R. N. Russo City Attorney AGREEMENT WHEREAS, the undersigned PHILIP A. POWERS and MARTHA F. POWERS, hereinafter called "Fïrst Parties", are the owners of a substantial tract of land gener- ally described as follows: Lot 1 of Sub. of Lot 1 of Lot 1 of "Powers Place", in the City of Dubuque, Iowa, and WHEREAS, the undersigned, ALAN ISRAEL, hereinafter called "Second Party", has purchased a parcel of real estate from First Party and proposes to erect a planned unit development on said acquired real estate described as follows: Lot 2 of Sub. of Lot 1 of Lot 1 of "Powers Place", in the City of Dubuque, Iowa, and WHEREAS, the undersigned, MR. and MRS. KARL JUSTMANN, MR. and MRS. FRANK R. O'CON- NOR, MR. and MRS. J. JAMES VASKE, MR. and MRS. NORMAN FOREMAN, MR. and MRS. MIL- TON A. BOYES, and MR. and MRS. ROBERT H. JASPER, hereinafter called "Third Parties", by their at- torney, Francis J. O'Connor, are the owners of the property abut- tiog said Powers property and the planned unit development property and have expressed objection to the zoning of said area purchased by Second Party from Single Fam- ily Residence District Classifica- tion to Multiple Residence District Classification; and Third Parties have entered their formal objection and request to the City Council of the City of Dubuque, Iowa, request- ing that said area be zoned back to Single Family Residence District Classification and, thereafter, the undersigned Third Parties hereto have voiced their objections to said development before the Board of Adjustment of the City of Du- buque, Iowa, and WHEREAS, all of the parties hereto desire to compromise and settle their differences and to that end agree as follows: IT 18 THEREFORE MUTUALLY AGREED, by and between the par- ties hereto as follows: The Fïrst Parties, Second Party and Third Parties for their heirs, successors, assigns and representa- tives do bind themselves and do hereby agree that for a period of ten (10) years from date hereof none of the undersigned nor all or them shall in any way petition or ask the City Council of the City of Dubuque, Iowa, to open for ve- hicular traffic that portion of a street not open to the public and presently known and described as follows: Lot 3 of Sub. of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuque, Iowa, according to the recorded plate thereof. It is the intention of these par- ties to reconcile and adjust their differences so that the presently platted Pasedena Avenue shall not for said ten (10) year period be ex- tended to Tyler Road. Mr. and Mrs. Karl Justroann Mr. and Mrs. Frank R. O'Connor Mr. and Mrs. J. James Vaske Mr. and Mrs. Norman Foreman Mr. and Mrs. Milton A. Boyes Mr. and Mrs. Robert H. Jasper By Francis J. O'Connor, Their Attorney Philip A. Powers Martha F. Powers First Parties Alan Israel Second Party COUNTY OF DUBUQUE ) ) ss: STATE OF IOWA) On this 30th day of November, 1971, before me, a Notary Public in and for the State of Iowa, per- sonally appeared Philip A. Powers and Martha F. Powers, to me known to be the identical persons named in and who executed the foregoing instrument and acknowl- edged that they executed the same as their voluntary act and deed. Leo A. McCarthy Notary Public In and for the State of Iowa STATE OF IOWA) ) ss: COUNTY OF DUBUQUE ) On this 30th day of November, 1971, before me, a Notary Public in and for the State of Iowa, per- sonally appeared Alan Israel, to me known to be the identical per- son named in and who executed the foregoing instrument and ac- knowlerged that he executed the same as his voluntary act and deed. Leo A. McCarthy Notary Public In and for the State of Iowa STATE OF IOWA) ) ss: COUNTY OF DUBUQUE ) On this 30th day of November, 1971, before me, a Notary Public in and for the State of Iowa, per- sonally appeared Francis J. O'Con- nor to me known to be the identi- cal person named in and who exe- cuted the foregoing instrument and acknowledged that he execut- 500 Regular Session, December 6, 1971 Regular Session, December 6, 1971 501 ed the same as his voluntary act and deed. Eileen T. Koster Notary Public In and for the State of Iowa Councilman Meyers moved that the agreement be received and made a matter of record. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Attorney Leo A. McCarthy, submitting plat of Lot 1 and Lot 2 of Sub. of Lot 1 of Lot 1 of Powers Place and Plat of Subdivision of Lot 1 of Lot 1 of Powers Place. presented and read. Councilman Pregler moved that the communication 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. Attorney McCarthy addressed the Council that all agreements re- lated to the Powers property are in writing. The Board of Adjust- ment and the Building Department are in accord. Lot 3 of Powers Place is given to the City. Side- walks will be put in by developer next to their property. RESOLUTION NO. 367.71 Resolution Vacating Plat of Lot 1 and Lot 2 of the Subdivision of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuque, Iowa. WHEREAS, there was filed with the offices of the Recorder of Du- buque County, Iowa, on October 20, 1971, in Book of Plats #35, page 202, a plat known as the Subdivi- sion of Lot 1 and Lot 2 of the Sub. of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuque, Iowa, by Philip A. Powers and Martha F. Powers, the owners of such prop- erty; and, WHEREAS, upon said plat ap- pear streets to be known as Hill- crest Road and Tyler Road, to- gether with certain public utility easements which the owners by said plat dedicated to the public forever; and the owners wish to vacate such plat with the consent of the City of Dubuque, 10wa, be- fore the sale of any property therein, pursuant to the provisions of Section 409.18, Code of Iowa (1971); NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat known as the Subdivision of Lot 1 and Lot 2 of the Sub. of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuque, Iowa be and the same is hereby vacated. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute the certificate attached to said va- cation of plat. Section 3. That the City Clerk be and he is hereby authorized and directed to file a certified copy of said vacation plat in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen a plat of "Powers Place," and sub- stitute, in its place, an accessway for pedestrians. Residents of the area have requested such a change so that traffic can be minimized through the residential area in which they live. In reviewing the request the Commission found that Tyler Road and the proposed extension is clas- sified as a local street and is in- tended to serve as access to indi- vidual properties and not to col- lect or more large amounts of traf- fic. That the connection would most likely increase traffic substantially and permit the road to become a collector street. That the primary objective in making the connection on the pro- posed plat had been to accommo- date pedestrian access to Hoover School from "Powers Place." That pedestrian access could be accommodated without developing vehicular access. In view of its findings the Com- mission recommends that the new plat, as referred to, be approved. Respectfully submitted, CITY PLANNfNG AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the communication 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. RESOLUTION NO. 368-71 Resolution Approving the Plat of Subdivision of Lot 1 of Lot 1 in the City of Dubuque, Iowa "Powers Place:' Whereas, there has 'been filed with the City Clerk a plat of the Subdivision to be known as the Subdivision of Lot 1 of Lot 1 of "Powers Place" in the City of Du- buque, Iowa, by Philip A. Powers and Martha F. Powers; and Whereas, upon said plat appear streets to be known as Hillcrest Road and Pasadena Drive and Lot 3 of Sub. of Lot 1 of Lot 1 of "Pow- ers Place," together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and 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. December 3, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal to vacate the plat of Lot 1 and Lot 2 of Sub. of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuque, Iowa, and approve in its place a plat of Lot 1 of Lot 1 of "Powers Place" in the City of Du- buque, Iowa. The significant change proposed is the elimination of a connect be- tween Tyler Road, which exists as a part of the Mettel-Link Subdi- vision, and a proposed street 10 WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same confornlS to statutes and ordinances relat- ing thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Hillcrest Road and Pasadena Drive and Lot 3 of Sub. of Lot 1 of Lot 1 of "Powers Place" to- gether with the easements for pub- lic utilities as the same appear up- on said plat, be and the same are hereby accepted; Section 2. That the plat of The Subdivision of Lot 1 of Lot 1 of "Powers Place" in the City of Du- buque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, eexcute their written ac- ceptance hereto attached agree- ing: a. To reduce all streets to grade and to construct curb and gutter and to hard surface Hillcrest Road and Pasadena Drive with bitumi- nous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat: c. To install water mains and water service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbasins 10 accordance with plans submitted with the plat; .e To install concrete sidewalks as required by Ordinances, and where directed by the City En- gineer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved 502 Regular Session, December 6, 1971 by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintian the foregoing improvements for a period of four (4) years from the date of their acceptance by the City of Du- buque, Iowa; h. To provide the foregoing con- struction and maintenance at the sale expense of the Owners, Phil- ip A. Powers and Martha F. Pow- ers, as owner; i. To construct said improve- ments, except sidewalks, prior to December 1, 1973, and to construct the sidewalks prior to December 1, 1975; and further provided that said Philip A. Powers and Martha F. Powers, as owner of said Subdivi- sion, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may be ac- ceptable to the City Manager. Section 3. That in the event Philip A. Powers and Martha F. Powers, shall fail to execute the acceptance and furnish the secur- ity provided for in Section 2 here- of within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 6th day of December, A.D., 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 368-71 We, the undersigued Philip A. Powers and Martha F. Powers, hav- ing read the terms and conditions of the foregoing Resolution No. 368-71 and beiog familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Regular Session, December 6, 1971 503 Dated at Dubuque, Iowa, this 9th day of December, 1971. Philip A. Powers Martha F. Powers Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 370-71 WHERES, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the fallowing applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Gerald E. Miller, Jr., 2417 Rhom- berg Avenue. Benevolent & Protective Order of Elks 297, 7th & Locust Street. Shirley Mihalakis, 574 East 16th Street. Passed, adopted and approved this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyer Joseph J. Bitter Councilmen TO: Leo F. Frommelt City Clerk This is to certify that the se- curity provided by the foregoing RESOLUTION NO. 368-71 has been furnished by the owners. Dated at Dubuque, Iowa, this 28th day of December, 1971. Gilbert D. Chavenelle City Manager 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. 369.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived 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 Gerald E. Miller, Jr., 2417 Rhom- berg Avenue. Benevolent & Protective Order of Elks 297, 7th & Locut Street. Shirley Mihalakis, 574 East 16th Street. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 6th day of December, 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 Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter,' Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 371.71 WHEREAS, applications for li- permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the.. lOW A.. LIQUOR.. CONTROL ACT-CHAPTER l~s amended Attest: Leo F. Frommelt City Clerk by the 67th General Assembly, 1967. CLASS "C" COMMERICAL ESTABLISHMENT Gerald E. Miller, Jr., 2417 Rhom- berg Avenue. Benevolent & Protective Order of Elks 297, 7th & Locust Street. Shirley Mihalakis, 574 East 16th Street. Richard J. Hantelmann, 920 Main Street Passed, adopted and approved this 6th day of December, 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 Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 372.71 WHEREAS, applications for Li- quor 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 ordi- nances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dobuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERICAL ESTABLISHMENT Gerald E. Miller, Jr., 2417 Rhom- berg Avenue. Benevolent & Protective Order of Elks 297, 7th & Locust Street. Shirley Mihalakis, 574 East 16th Street. Richard J. Hantelmann, 902 Main Street. 504 Regular Session, December 6, 1971 Special Session, December 20, 1971 505 Passed, adopted and approved this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None Communication of Paul Zientek of Cudahy, Wis. expressing thanks to the Police and Fire Department who participated in his rescue from the Holiday Inn swimming pool on October 2, 1971, presented and read. Councilman Moldenhau- er moved that the communication be received and filed and copies be sent to the Police and Fire De- partroents. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 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 Approved ....................................1972 CITY COUNCIL Adopted ......................................1972 OFFICIAL .............."...............................-.......... Special Session, December 20, 1971. Council met at 7:30 P.M. (c.S.T.J Present - Mayor Couchman, Councilmen Bitter, Meyers, Mol. denhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con. ducting a public hearing on levy of special assessment and inten. tion of the Council to issue bonds to pay for construction of Peru Road.Davis Avenue Sanitary Sewer and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Mayor Couchman presented the following names for appoinhnent to the Human Rights Commission and Advisory Commission: Ruth Seharoau, Sister Barhara Kutchera, Patrick R. Quinn to the Human Rights Commission for three year terms from January 1, 1972; Sam- uel Singleton to the Human Rights Commission to replace AI. Moran unexpired term to January 1, 1973; Robert Luthro to The Advisory Commission to fill unexpired term of Eugene Hingt- gen to June 1, 1972. Councilman Moldenhauer moved approval of the appointments. Seconded by Councilman Meyers. Carried by the followiog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. """"""""""""-""""""""""'-""""'" -................................"....................... Councilmen Attest """"""""ëitÿ..c¡;;;¡;............. RESOLUTION NO. 373-71 WHEREAS, the City Council of the City of Dubuque, Iowa has adopted a revised and amended Ordinance known as the human Rights Ordinance; and WHEREAS, three members have been appointed whose terms ex- pired January 1, 1970 and suc- cessors have been appointed and three of said Commissioners will have their terms expiring on De- cember 31, 1971 and three shall serve until January 1, 1972; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the appointment of three Commissioners appointed January 1, 1970. said appointment having heretofore been made, be and the same is hereby ratified and confirmed and said respective terms shall be for a period of three years from date of appointment. Section 2. That the appointment of three Commissioners appointed January 1, 1971, said appointment having heretofore been made, be and the same is hereby ratified and confirmed and said respective terms shall be for a period of three years from date of appoint- ment. Section 3. That the following named are appointed and shall serve for a period of three years from January 1, 1972; Ruth Scharnau Sister Barbara Kutehera Patrick R. Quinn Passed, approved and adopted this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Counicilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certif'1ed to by the Publisher, of legal notice of hearing on proposed urban re- newal plan change Downtown Ur- ban Renewal project, presentecl and read. Councilman Meyers moved that the proof of publica- tion be received and filed. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. 506 Special Session, December 20, 1971 Communication of Ecumenical Housing Inc. requesting a change in the Urban Renewal plan that would allow the property at 6th & Locust Street to be the site for the Hi-Rise apartment bnilding for low- iocome elderly residents of the City, presented and read. Council- man Bitter moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition Elvira Kelley et al (approx. 600 siguatures) in support of the Ecumenical Housing project for the elderly because it fills a dramatic and documented need, presented and read. Councilman Bitter moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Dub u que Downtown Ass'n. stating that their Board of Directors at a December 7th meeting endorsed the change in the Urban Renewal plan which will permit multiple family hous- log for occupancy by low and moderate income elderly, at Sixth & Locust 10 the Downtown Urban Renewal area, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Oscar Lund- gren and James A. Wallace, brought forward from meeting of December 6th requesting to be heard on Downtown high-rise apartment structure in Urban Re- newal also expressing concern re- garding boards and commissions, presented and read. Councilman Bitter moved that the communica- tion be received and filed. Second- ed by Councilman Pregler. Carried by the following vote: ,.." Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Tom Dough- erty et ox of 2620 Chaney Road opposing any amendment to change the original urban renewal plan and that the land be sold to a busi- ness that will help remove the tax- payer's burden, presented and read. Councilman Bitter moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the followiog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None- Communication of C. O. Meyer of 1865 Vizaleea Drive, being opposed to the high rise apartment build- ing for the elderly as proposed by Ecumenical Housing, it being an amalgamation of Church and State, and being against the principle of private enterprise, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the followiog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Digman Real- ty Service Inc. requesting that the decision regarding the proposed alternation of the duly established land-use plan of the property at 66th & Locust be deferred until the newly elected Councilmen have been seated, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the followiog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Mrs. E. M. Nicholson of 815 Laurel St. being in opposition to the proposed amendment to the Urban Renewal plan to permit residential use at Sixth and Locust because the over- whelming majority of the elderly, Special Session, December 20, 1971 nationally as well as locally own their own homes and streets and buildings in all commercial areas are customarily deserted at night and therefore they are deserted and dangerous, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Arthur M. Boardman objecting to low rent housing in the downtown area is not appropriate and the area should be developed to its maxi- mum commercial use, presented and read. Councilman Bitter moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. December 17, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the mat- ter of including housing as a per- mitted use in the Central Business District. Concurrently, a proposal for a specific housing project for property at the southwest corner of Sixth and Locust was consid- ered. A staff report that was pre- sented to the Commission on these two questions is attached. It has been the opinion of the Commission that housing can be an appropriate use 10 the Central Business District and it has been provided for. as a part of a planned unit development, in the proposed zoning ordinance. It was further the opinion of the Commission that the specific site in question would be one of the appropriate sites for housing provided that an acceptable plan is submitted. The proposal to amend the Ur. ban Renewal Plan to permit multi- ple family residences as an addi- tional use for redevelopment area 5 of the downtown Urban Renewal Project would be consistent with 507 the findings of the Commission. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Moldenhauer moved that the rues be suspended in order to let anyone present address the Council if they so desire. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Many citizens addressed the Council, being for and against, re- garding Ecumenical plan to con- struct a high rise apartment in the Urban Renewal area, after which time Councilman Pregler moved that the rules be reimposed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 374-71 Approving A Change to the Ur. ban Renewal Plan for the Down-- town Urban Renewal Project, I_a R.15. WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the United States Department of Housing and Urban Development and the City of Dubuque, Iowa, pursuant to a Loan and Capital Grant Contract, Contract No. Iowa R-15 (LG), are undertaking and carrying out the Downtown Urban Renewal Project, Iowa R-15 (herein call "Project"); and, WHEREAS, under date of May 18, 1967, tbe City Council of the City of Dubuque, based upon de- tailed studies, supplementary ma- terial and data and recommenda- tions, duly reviewed and adopted Resolution No. 123-67 approving 508 Special Session, December 20, 1971 Special Session, December 20, 1971 509 an Urban Renewal Plan (herein called "Plan") for the Project; and, WHEREAS, the Plan prescribed among other things certain land uses for the various redevelop- ment areas delineated in the Plan; and WHEREAS under date of March 15, 1971, the' City Council of the City of Dubuque adopted Resolu- tion No. 79-71 which changed that portion of the Project area iden- tified in the Plan as "Redevelop- ment Area 5" from a "Central Bus- iness District Retail Area" to a "Commercial Service Area"; and WHEREAS, it is proposed that "Multiple Family Residences" be included as an additional use per- mitted in said Redevelopment Area 5; and WHEREAS, the Dubuque Plan- ning and Zoning Commission has found that the said "Multiple Fam- ily Residences" is an appropriate use in the Central Business Dis- trict (zoning district encompassing said "Redevelopment Area 5"); and further, that the said use for the specific area, "Redevelopment Area 5", would be consistent with the general plan for the develop- ment of the City of Dubuque as a whole; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That it is hereby found and determined that the Plan Change to the Urban Renew- al Plan, as herebefore amended and adopted, for the Downtown Urban Renewal Project, Iowa R-15, pernùtting "Multiple Family Resi- dences" as an an additional use for that portion of the said Proj- ect area designated "Redevelop- ment Area 5" is in the best inter- est of the said Project and City of Dubuque; and further, that the Plan Change conforms to the gen- eral plan for the development of the City of Dubuque, as a whole. Section 2. That the Plan Change to the Urban Renewal Plan as set forth 10 Section 1 hereinabove, having been duly reviewed and considered, si hereby approved, and the City Clerk be and he is directed to file a copy of the said Plan Change with the minutes of this meeting. Passed, approved, and adopted this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the documents pertaining to a proposed Fïxed- 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 they may be revised as necessary to comply with the requirements of the Department of Housing and Urban Development, are hereby approved. Section 2. That the Fïxed-Price Competition method of offering certain land for sale for redevel- opment by private developers is the appropriate method of making the land available for redevelop- ment. 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 Manag- er and the Director of Urban Re- newal be and are hereby author- ized and directed to proceed with the proposed disposal of the par- cel set forth in the attached docu- ments in accordance with the pro- posed disposal procedure and all other applicable requirements. Section 5. That the City Clerk be and he is hereby authorized and directed to publish "Invitation for Proposals" for the sale of certain parcel of real estate, in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 20th day of December, 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, Pregler. Nays-Councilman Moldenhauer. RESOLUTION NO. 375.71 Approving the Fixed-Price Com- petition Method for Offering Certain Land in the Downtown Urban Renewal Project, Iowa R.15, for Redvelopment by Pri. vote Developers. 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- log 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 of 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- log land, relocating site occupants, removing structures and other im- provements, and constructing and reconstructing site improvements and public facilities; and WHEREAS, the Urhan Renewal Plan provides for the sale of cer. tain land for redevelopment by private developers; and WHEREAS, the Fixed-Price Com- petition method permits the sale of land on criteria and factors oth. er than price and in the best in- terests of the Urban Renewal Proj- cet and the City of Dubuque, now therefore 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 Southeast corner of Sixth and Locust Streets. The parcel is identified as follows: Parcel No. 8-9, Approximate Square Feet, 12,540" ("subject to final survey), Use, Commercial and/or Multiple Family Resi- dences. Full information, iostructions, and bid documents needed to pre- pare proposals may be obtained by depositing $10.00 with the Depart- ment of Urban Renewal, Suite lO- B, Fïscher 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 January 28, 1972, 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. A good faith deposit is not re- qluired with this proposal submis- sion if the redeveloper is a non- profit corporation, a limited divi- dend corporation or a cooperative. 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. Leo F. Frommelt City Clerk 21. 12/28, 114 Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. 111111~lill ' Communication of Attorney Ar- nold J. VanEtten, in behalf of An- drew D. & Gust Karlgan, making inquiry as to repayment of a de- 510 Special Session, December 20, 1971 Special Session, December 20, 1971 511 posit amount for land in the Ur- ban Renewal area located north of Karigan's restaurant in the Urban Renewal area, on which the Karl- gan's have changed their purchase plan, presented and read. Coun- cilman Pregler moved that the communication be referred to the City Manager for review and to come hack with a recommendation. Seconded by Councilman Bitter. 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 De- cember 14, 1971, presented and read. Councilman Meyers moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. December 10, 1971 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of the 1971 Code of Iowa, Chapter 365, the Civil Service Com- mission conducted written exami- nations on November 22, 1971, and oral examinations on December 8, 1971, for the position of Assistant Chief-Division Chief, on the Fïre Department. The following named Fïre per- sonnel have passed both the writ- ten and oral exallÛnations and are hereby certified: Name Avg. Avg. Written Oral Mehrl, Robert A. ........89.7% 91% Winter, Carl J. ............86.3% 70% Badger, William P. ....74.9% 84% Cherrier, William E. ..74.9% 75% Respectfully submitted, LeRoy H. Giles Chairman Louis F. Fautsch Gerard B. Noonan Civil Service Commission Attest: Leo F. Frommelt Cierk Subscribed and sworn to before me this 15th day of December 1971. Communication of General Driv- ers and Helpers Union advising that the City employees represent- ed by them, local 421, have voted to accept the City proposal cov- ering wages for 1972, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Printed Council proceedings for the months of August and Septem- ber 1971 presented for approval. Councilman Meyers moved that the Council proceedings for the months of August and September 1971 be approved as printed. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. December 9, 1971 Hon. Mayor and City Council On October 26, 1971, Mrs- Ma- thilda M. Klein filed claim against the City of Dubuque alleging in- juries on October 13, 1971 as the result of a fall at 16th and Jack- son Street 10 the City of Dubuque, Iowa and that thereafter said claim was referred to this writer who made an investigation of said claim and learned that the claim- ant suffered a fracture of a finger on the left hand, damage to cloth- ing, glasses and a ring, and in ad- dition, the loss of one week's work, totalling $180.50. Claimant has made an offer of settlement in the amount of $180.50 and it is the recommenda- tion of the City Attorney that said offer of settlement be accepted and that the City Auditor be in- structed to draw a warrant pay- able to Mrs. Mathilda M. Klein in the amount of $180.50 and trans- mit the same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. December 14, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasurer, Health Department and a list of claims for the month of November 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the reports be received and filed. Seconded by Councilman Meyers. 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 Statement of Receipts and Disbursements, also list of claims for November 1971, presented and read. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. December 14, 1971 Hon. Mayor & City Council On October 29, 1971, Loriel L. Parker of 1635 Catherine Street, this city, filed claim against the City of Dubuque, Iowa for dam- ages in the estimated amount of $92.00 which alleged damages re- sulted on October 17, 1971 as the result of a back up of sewer. This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this office of no liability on the part of the City and in view of the foregoing it is the recommendation of the City Attorney that the claim of Loriel L. Parker be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. December 15, 1971 Honorable Mayor and City Council Letter of Vernon Gavio, Presi- dent Laborers Local 659, was ad- dressed to the City Council re- questing that the City Council give attention to the fact that two em- ployees had not received payment from H & R Wrecking Company. Said communication was re- ferred to the City Attorney and I beg to advise that the respective employees have been paid in full. Original communication is re- turned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the followiog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. December 20, 1971 Hon. Mayor and City Council On February 17, 1971, Mrs. Flory Brinskelly of 928 Central Avenue, Dubuque, Iowa, through her attorney, served notice of claim for personal injury in the amount of $5,000.00 and alleging in said notice that on February 512 Special Session, December 20, 1971 Special Session, December 20, 1971 Pregler. Carried by the followiog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Moldenhauer moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nay~None. 12, 1971 she fell and fractured her pelvis as the result of slipping on an allegedly long existing patch of ice at or near the west- erly curb of Bissell Lane in Du- buque, Iowa. This matter was referred to the City Attorney who has made an investigation of said matter, re- viewed the medical bills and doc- tors reports and claimant has made an offer of settlement of this claim in the amount of $500.00 and it is the recommenda- tion of the City Attorney that said offer of settlement be accept- ed and that the City Auditor be instructed to draw a warrant pay- able to Mrs. Flory Brinskelly in the amount of $500.00 and trans- mit the same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney P.S. This claim was denied by the City Attorney for a reason, though unstated, which is no longer pre- vailing. Councilman Bitter moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nay~None. December 20, 1971 Hon. Mayor and City Council On SeptClnber 21, 1971, Erwin Vierkant of 1370 Kaufman, this city, filed claim against the City of Dubuque claiming damages in the amount of $500.00 allegedly resulting from golf balls off the Bunker Hill Golf Course striking the aluminum sidiog of his house and patio cover. This matter was referred to the pertinent City Agency who has af- fected a settlement satisfactory to all parties, and it is therefore the recommendation that the claim of Erwin Vierkant be denied. Original claim is returned here- with- Respectfully suhmitted, R. N. Russo City Attorney 1<"'- Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the followiog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nay~None. Notice of claim of All State 10 the amount of $401.24, for car damages paid their insured, Rob- ert Slaatz, for an accident which occurred on November 5, 1971, due to a hole in the street, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of Suit of Agnes M- Ter. ry, in the amount of $10,000 for personal injuries received in a fall on an iey sidewalk at 658 W. Third Street on February 23, 1970, presented and read- Councilman Pregler moved that the notice of suit be referred to the City At- torney for investigation and re- port. Seconded by Councilman Mol- denhauer. Carried by the follow- log vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler- Nays-None. Communication of Dub u que County Democratic Club urgiog ratification of revised city pre- cinct map and advising the citizens thereof, Councilman Pregler moved that the comunication be received and filed. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 62-71 An Ordinance establishing p.... cincts, designating polling places and concerning the conduct of elections within the City of Du- buque, Iowa, presented and read. Councilman Moldenhauer moved that the readiog just had be con. sidered the first reading of the Or. dioance. Seconded by Councilman AN PREC ING THE WITHI IOWA 513 ,Ixln (361n' Leo",.tlve DI"'lct. 2. The Sec,"" P'oclncl "'." con- ,ist 01 "" te,,"",v bounded by . line ., follow" 514 Special Session, December 20, 1971 Special Session, December 20, 1971 515 r:~;, view along "en p'a" r"J~e' ~"",.,. 13. Tho Thl,teenth """,net ,hall con,'" of that 'enltoN 00,",,'" by a line a, follow" 14. The Fo","enth Pm'nct "'all con",t of tha' "nltoN b""",,, by a line a, follOw" ,." 17. The "'vent..nth P",,'nct ""'" con,'" of tha' 'e",IoN bo'nded by a line a, tollow" 18. The Elght"nth P""'nct "'a" con"" of tha' "nltoN 00,",,'" by a line a, follOw" IIIII!I 516 Special Session, ""~,, - ,~~i;o", c",,'" to = >0'"'0"'0. Section 10. EFFECTIVE DATE. Thl' O,dl",oce ,t,,11 b=~ effective on Decembe, 31, 1971. Pa,,"', ap",,"'. oe' a'oPt'" "'" "'" dey 01 Decemb.., 1971~ Gayl"'" M. Co",hman Maw Walt.. A. P"ol.. Way" A. Moldenh"" Do",1d R. Meye" Joreph J. Blft.. Councilmen nua": The Poltlng Place "" "'e EI""'" P",dn" "'all be at Lincoln SCho~, 1101 We" FIf'" Sf",t. ,. Tbe Polflng Place I" "'e Ninth P"Cin" "'all be al Lincoln S,hOCI, 1101 10. ATTEST, Leo F~ F"mmelt CIIy 01", Publl""" offl,'ally In The TeI...aph- Hmld New",... "'" 31,t 'ay of D"emb.., 1971. Leo F. ",ommelf City 01..,. 3w",.12/31/71; 117,1/14/72 Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Dubuque County Chapter March of Dimes request- ing permission to conduct a Walk- 17. The Polling Pia,. "" - ",.- Seven- teen'" P",'n" """ be at Dubuque Senl" High S,"oPi. 1800 Cla"'e D,'ve. 18. The Polli"" Place I" "'e Elph- '..n'h P"dn" "'all be al """" S,"ool, 25" Penn.vlvanla Ayenue. 19. The Polling Place to, "'e NIne- teen'" P"cinc! "'alf be at KennedY S,"ool, 213S Woodland Avenue. ". The P,IIlng Place to, "'e Twenti- eth P,ecln" ,hall be al Hemp"ea' HI"" S,"ool, 311S P"""Ylvanla A- nue. December 20, 1971 517 A-Than on April 15, 1972. Coun- cilman Pregler moved approval of the petition and referred to the City Manager for implementation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Lyle J. Whalen re- questing permission to construct a self-service car wash at 1277 Elm Street, entering on Elm street and exit through the alley at the rear, presented and read. Councilman Pregler moved that the petition be referred to the Manager and staff for investigation and report. 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 Florence Herburger requesting a refund of $250 on the unexpired portion of Liquor License No. C-1554, as she has dis- continued business on November 15, 1971, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. 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 of levy of Special Assessment and inten- tion of the City to issue bonds to pay for assessed cost of construct- ing the Peru Road-Davis Street Sanitary sewer from R. R. tracks east to Lot 2 of George Nigg's Subdivision, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman 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. 518 Special Session, December 20, 1971 Special Session, December 20, 1971 519 Statement of City Clerk certify- I ing that notices of levy were mailed by certified mail on No- vember 17, 1971 to property own- ers of record and subject to as- sessment to pay for cost of con- structing the Peru Road-Davis Street sanitary sewer, presented and read. Councilman Meyers moved that the statement 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. Statement of Bernard E. Necas. a member of the Engineering De- partment, certifying that notices of levy were posted in the assess- able area of Peru Road, Davis street sanitary sewer on Decem- ber 14, 1971, presented and read. Councilman Meyers moved that the statement be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Couchman, COull- I cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTIONS NO. 376-71 Schedule of Assessments RESOLVED by the City Council of the City of Dubuque, fowa; that to pay for construction of Peru Road-Davis Street Sanitary Sewer 1970 from the Railroad Tracks east to Lot 2 of George Nigg's Subdivision by Tschiggfrie Exca- vating, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. Schedule of Assessments PERU ROAD. DAVIS AVENUE SANITARY SEWER Donald J. & Eleanor J. Dug- gan, Lot 138, Belmont Addition, ......................."... 457.08 Donald J. & Eleanor J. Dug- gan, Lot 139, Belmont Addition ............................ 457.08 Steve E. & Sandra J. Bahl, Lot 141, Belmont Addi- tion ......................... 932.45 ...,.'" Richard & Charlotte M. Tigges, Lot 140, Belmont Addition ............................ 457.08 Frank L. & Eleanor Bow- den, Lot 2, Bowden Place 511.93 C. B. Trewin fic- (cant. Rehfeldt), Lot W.13'-7, Fïscher Subdivision ........ 118.84 C. B. Trewin Inc. (cant. Rehfeldt) Lot 8, Fïscher Subdivision ........................ 365.67 C. B. Trewin fic. (cont. Rehfeldt), Lot 9, Fïscher Subdivision ........................ 365.67 C. B. Trewin Inc. (cant. Rehfeldt, Lot 10, Fischer Subdivision ........................ 365.67 Anthony L. Besler, Lot 1, George Nigg's Subdivi- sion ....................................2,571.90 Mettel Realty & fiv. Co. (cont. Bryson), Lot 72, O'Neill's Riverview Sub. 365.67 Mettel Realty & Inv. Co. (cant. Bryson), Lot 73, O'Neill's Riverview Sub. 378.46 Mettel Realty & fiv. Co. (cant. Bryson), Lot W.2'- 2-74, O'Neill's Riverview Sub. .................................... 18.28 Arthur J. & Stella L. Reu- ter, Lot E. 1'-2-74, O'Neill's Riverview Sub. 9.15 Arthur J. & Stella L. Reu- ter, Lot 1-74, O'Neill's Riverview Sub. ................ 351.04 Arthur J. & Stella L. Reu- ter, Lot 2-75, O'Neill's Riverview Sub. ................ 137.12 John & Rosemary Sanner, Lot 1-75, O'Neill's River- view Sub. .......................... 319.96 John & Rosemary Sanner, Lot 2-76, O'Neill's River- view Sub. .......................... 201.12 Harold W. & Dorothy M. Burgess, Lot 1-76, O'Neill's Riverview Sub. ................ 255.97 Harold W. & Dorothy M. Burgess, Lot 1-77, O'Neill's Riverview Sub. ................ 265.11 Harry F. & Geraldine Van- denberg, Lot 2-77, O'Neill's Riverview Sub. ....."......... 191.97 Harry F. & Geraldine Van- denberg, Lot 1-78, O'Neill's Riverview Sub. ................ 329.10 Robert L. & Patricia A. Prine, Lot 2-78, O'Neill's Riverview Sub. ................ 127.98 Robert L. & Patricia A. Prine, Lot 1-79, O'Neill's Riverview Sub. ................ 393.09 Leo P. & Mathilda M. Ma- nahl, Lot 2-79, O'Neill's Riverview Sub. .............". 63.99 Leo P. & Mathilda M. Ma- nahl, Lot 80, O'Neill's Riverview Sub. ................ 457.08 Phyllis Jones, Lot 104, O'Neill's Riverview Sub. 457.08 Phyllis Jones, Lot 103, O'Neill's Riverview Sub. 457.08 Phyllis Jones, Lot W.7'-102, O'Neill's Riverview Sub. 63.99 Walter P. & Geneve M. Block, Lot N.70'-170, Bel- mont Addition .................. 274.25 Walter P. & Geneve M. Block, Lot N.70'-170, Bel- mont Addition ........ ... 639.91 12,360.77 'Outside City Limits-City Share ..................................4,909.07 Total ............................17,269.84 Out.ide City Limits-City Share Vincent H. & Emma H. Timpe. Lot 11, Fïscher Subdivision ........................ 365.67 Vincent H. & Emma H. Timpe, Lot 12, Fïscher Subdivision """""""""""" 365.67 Dubuque County, Lot 1, Fischer Subdivision ........ 365.67 Nicholas J. Kopp (cant. W. Albert). Lot 2, Fischer Subdivision ........................ 365.67 Arnold & Lucille Maus, Lot 1, Bowden Place .............. 653.63 Emil P. & Armella Meyer, Lot 108, O'Neill's River- view Sub. .......................... 571.35 Phyllis Jones, Lot 107, O'Neill's Riverview Sub. 457.08 Phyllis Jones, Lot 106, O'Neill's Riverview Sub. 457.08 Dick Jr. & Carol A. Tiet- gen, Lot 105, O'Neill's Riverview Sub. ................ 457.08 Robert H. & Helen J. Web- ster, Lot 102-Ex-W. 7', O'Neill's Riverview Sub. 393.08 Robert H. & Helen J. Web- ster Lot W- 'h-101, O'Neill's Riverview Sub. 228.54 Robert H. & Helen J. Web- ster, W. 10' 101, O'Neill's Riverview Sub. 91.42 Robert H. & Helen J. Web- ster, E. 15' 101, O'Neill's Riverview Sub. 137.13 $4,909.07 1,795.2 Lin.ft. 8" VT Pipe @ 5.25 ............................$9,424.80 5.61 Lin.ft. Manhole Side- wall @ 22.00 .................. 1,223.42 5 No. of Manhole Bases @ 50.00 .......................... 250.00 5 No. of Manhole Ring & Covers @ 60.00 ............ 300.00 24 No. of 6"x8" VT Pipe Wye @ 10.00 ................ 240.00 528.6 Ton '14" Rolled Stone Base @ 3.00 ...... 1,585.80 405.00 Lin.ft. Storm Sew- er Ditch Renovation @ 2.00 .................................. 3,940.0 Sq.yd. Seeding @ 0.15 .................................. 230.0 Sq.yd. Sodding @ 0.90 .................................. 2,166.15 Sq.yd. Seal Coat @ 0.45 250.00 240.00 900.00 591.00 207.00 974.77 $15,696.79 Eng. 9.54% ................ 1,459.68 5%-52 days .............. 113.37 $17,269.84 Passed, adopted and approved this 20th day of December 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph A. Bitter Councilmen Attest: Leo F. Frommelt 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. Proof of Publication, certified to by the Publisher, of notice of public hearing to authorize the is- suance of sewer bonds in the amount of $12,360.77 for the pur- pose of paying cost of Peru Road - Davis Street sanitary sewer from the railroad tracks east to Lot 2 of George Nigg's subdivi- sion, presented and read. Councilman Pregler moved that the proof of publication be reo ceived and filed. Seconded by 520 Special Session, December 20, 1971 Special Session, December 20, 1971 521 Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 377.71 Resolution providing for the is. suance of Sewer Improvement bonds for the purpose of pro- viding for the payment of the assessed cost of THE PERU. DAVIS STREET SANITARY SEWER-1970. Whereas the contract hereto- fore entered into by the City of Dubuque, Iowa, for the improve- ments hereinafter described has been completed and the City Man- ager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has deter- mined that $12,360.77 Dollars of the cost thereof shall be assessed against the property subject to as- sessment therefore; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to is- sue bonds for the purpose of pro- viding for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the Peru Road - Davis Street Sanitary Sewer - 197o-from the railroad tracks east to Lot 2 of George Nigg's Subdivision, there shall be issued sewer improvement bonds in the amount of $12,000.00 in an- ticipation of the deferred payment of assessments levied for such im- provClllent. 2. Such bonds shall be called sewer improvement bonds; and shall bear the date of January 20, 1972; and shall be numbered con- secutively; and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Series Bond Denomination No. No. Maturity 1 1896-1898 $500.00 April 1, 1972 2 1899-1901 $500.00 April 1, 1973 3 1902-1904 $500.00 April 1, 1974 4 1905-1907 $500.00 April 1, 1975 5 1908-1909 $500.00 April 1, 1976 6 1910-1911 $500.00 April 1, 1977 7 1912-1913 $500.00 April 1, 1978 8 1914-1915 $500.00 April 1, 1979 9 1916-1917 $500.00 April 1, 1980 10 1918-1919, $500.00 April 1, 1981 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semiannually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. payable by the abutting and adja- cent property along said improve- ments and is made by law a lien on all of said property. It is pay- able only out of the Special As- sessment Fund 1288 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irre- vocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 20th day of December, 1971. Series No. Mayor CITY OF DUBUQUE Sewer Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the hear- er hereof, the sum of five hundred dollars with interest thereon at the rate of seven per cent per annum, payable semi-annually, on the pre- sentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque. in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the twentieth day of December, 1971 being Resolution No. 377-71. This Bond is one of a series of 24 bonds, all for $500.00 numbered from 1896 through 1919, all of like tenor and date, and issued for the purpose of providing for the pay- ment of the cost of the Peru Road- Davis Street Sanitary Sewer-1970 -from the railroad tracks east to Lot 2 of George Nigg's Subdivi- sion, as described in said Reso- lution, in said City, which cost is .......................................................... (SEAL) City Clerk (Form of Coupon) On the .......... day of ...................., the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of .............. Dollars, in the office of the City Treasurer in the City of Dubuque, being .......... months' in- terest due that date on its ............ Bond No. """"" dated .................................... Mayor """"""""""'" City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structed to cause said bonds to be prepared and when so pre- pared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that pur- pose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1288 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to can these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by reg- ular United States mail addressed to the last known address of the purchaser. Passed, adopted and approved this twentieth day of December, 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 Meyers. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice to contractors of receipt of propos- als for the construction of John F. Kennedy Road sanitary sewer from Spring Valley Road north- east side, 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. December 16, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 A.M. C.S.T., Thursday, 522 Special Session, December 20, 1971 December 16, 1971 for the John F. Kennedy Road Sanitary Sewer from Spring Valley Road, North, East Side. The lowest bid was entered by TschÏggfrie Escavating of Du- buque, Iowa. Their bid was 1.21 above Engineer's esitmate. I recommend that the contract for the improvement be awarded to the Tschiggfrie Escavating. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved to concur in the Manager's recom- mendation. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Awarding Contract) RESOLUTION NO. 378-71 WHEREAS, sealed proposals have been submitted by contrac- tors for the John F. Kennedy Road Sanitary Sewer, from Spring Val- ley Road, North-East Side pur- suant to Resolution No. 330-71 and notice to bidders published in a newspaper published in said City on November 19, 1971 and Novem- ber 26, 1971; and WHEREAS, said sealed propos- als were opened and read on De- cember 16, 1971, and it has been determined that the bid of Tschiggfrie Escavating of Du- buque, Iowa in the amount of $5,991.10 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tschiggfrie Excavating and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the contractors bond the City Treas- urer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 20th day of December, 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 Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. December 8, 1971 To the Honorable Mayor and Members of the City Council Councilors-Elect On December 7th Mayor Couch- man, Councilman Meyers, Dock Commissioner Voelker, Mr. Roarig, Mr. White and myself visited Colonel Bunch, District Engineer at Rock Island. The purpose of the meeting was to discuss the trans- fer of Phase ill (the southern por- tion) to the City for operation and maintenance purposes. Please re- fer to the attached copy of Colonel Bunch's letter dated November 22nd. The Colonel requested that the mayor concur in the December 22nd transfer date and send a con- firming letter to the Colonel to arrive at Rock Island by Decem- ber 12th. The mayor has written and sent such a letter, a copy of which is attached. It was also requested that the City Council pass a resolution ac- cepting the Phase ill work and establishing December 22nd as the date on which the City will assume the responsibility for operation and maintenance of the work. As evidence of authority for assuming this obligation I am enclosing a copy of "Assurances" approved by council resolution passed April 3, 1967. Please note paragraph "c" covering the City maintenance ob- ligation. A resolution covering this trans- action will be drafted and present- Special Session, December 20, 1971 523 ed for your consideration at the meeting of December 20th. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 379.71 Resolution authorizing end ap- proving the transfer to the City of operation and maintenance responsibility of Stage III, Fed. eral Levee Works, Local Flood Protection Project, Mississippi River, Dubuque, Iowa. WHEREAS, the U. S. Army Corps of Engineers, Rock Island District, has caused to be con- structed levee works designated as Stage ill, Local Flood Protection Project, Mississippi River, Du- buque, Iowa as indicated on of- ficial drawing and plans of the U. S. Army Corps of Engineers, drawing number DLP-3 dated July 3, 1967; and WHEREAS, the construction of Stage III has been completed and such work has been inspected by City Engioeering Staff in the com- pany of the Area Engineer, Mr. R. E. Gustafson, and such work found to be satisfactory; and WHEREAS, on April 3, 1967 the City gave assurance to the U. S. Army Corps of Engineers in which it was stipulated that the City would maintain and operate all works after completion; and WHEREAS, it has been recom- mended by the District Engineer with the concurrence of the Mayor of the City of Dubuque, Iowa, that maintenance and operation re- sponsibilities be transferred to the City of Dubuque, Iowa on Decem- ber 22, 1971. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa. Section 1. That on December 22, 1971 the City of Dubuque, Iowa will assume responsibility for the maintenance and operation of the Local Flood Protection Works, Stage ill, Mississippi River, Du- buque, Iowa. Section 2. That such mainte- nance and operation shall be in accord with "Operation and Main- tenance Manual for Completed Flood Protective Works, Dubuque, Iowa," U. S. Army Engineer Dis- trict, Rock Island, dated Septem- ber 1971. Section 3. That the Mayor and City Clerk be and they are here- by authorized and directed to exe- cute such papers and documents as may be necessary for the trans- fer of responsibility to the City. Section 4. That the City Clerk be and he is hereby authorized and directed to forward a certi- fied copy of this resolution to the City Manager for transmittal to the office of the District Engi- neer, U. S. Anny Corps of Engi. neers, Rock Island, lllinois. Passed, adopted and approved this 20th day of December, 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 Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 380-71 Authorizing the Condemnation of Certain Parcels of Real E.. tate in the Downtown Urban Re- newal Project Iowa R.15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to such contract and to implement the Urban Renewal Plan for the Project Area deems it necessary and in the public in- terest that the property herein- 524 Special Session, December 20, 1971 Special Session, December 20, 1971 525 after described be acquired; now therefore BE IT RESOLVED BY THE COUNClL OF THE CITY OF DU- BUQUE, IOWA Section 1. That the following de- scribed real estate owned by the persons indicated, be and the same should be acquired to implement the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15. Owner: Josephine Schroeder, Fran- cis J. O'Connor and Lucille E. Has- ler, Administrators of the Estate of Mary Hasler, Clarence J. From- melt, Bernice E. Frommelt, John A. Frommelt, Andrew G. From- felt, William B. Frommelt, Anth- ony J. Frommelt Property Description: That part of Lot 2 Block 5 in "DUBUQUE DOWNTOWN PLAZA" in the City of Dubuque, Iowa, according to the plat thereof, in Book of Plats No. 34, page 237, et. seq., of the rec- ords of Dubuque County, Iowa which was fonnerly known as and legally described as the northerly (north) 1 foot of the southerly (south) 22 feet of City Lot 240 in the City of Dubuque, Iowa, accord- ing to the United States Commis- sioners' Map thereof. (part of Parcel 10-7) Section 2. That the Director of the Department of Urban Renewal for the City of Dubuque, Iowa, be and he is hereby directed to cause condemnation proceedings be insti- tuted as is provided by law to ac- quire said real estate hereiobefore described, and the said Director of the Department of Urban Re- newal is hereby authorized to do any and all things necessary and requisite to such condemnation proceedings. Passed, approved and adopted this 20th day of December, 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 ad- option of the resolution. Seconded by Councilman Meyers. Carried by the fallowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. The vote thereon was as follows: Ayes Gaylord M. Couchman Mayor Joseph J. Bitter Donald R. Meyers Wayne A. Moldenhauer Walter A. Pregler Councilmen RESOLUTION NO. 381-71 RESOLUTION AND APPLICA- TION FOR TRANSFER OF EMERGENCY FUND WHEREAS, there now is in the hands of the treasurer of Dubu- que, Dubuque County, Iowa, the sum of $93,292.81, credited to the Emergency Fund thereof; and WHEREAS, an emergency has arisen which requires the expen- diture of $93,292.81, said emergen- cy being of the following char- acter: To meet the actual and necessary expenditures in the Pub- lic Safety Fund as requested in our Emergency Levy Resolution of November 2, 1970; and WHEREAS, the revenue in the Public Safety Fund is insuffic- ient to meet its estimated actual and necessary expenses for the current fiscal year and the emer- gency referred to; therefore, be it RESOLVED by the City Council of Dubuque, Dubuque County, Iowa, that $93,292.81 of the funds in the Emergency Fund be trans- ferred permanently to the Public Safety Fund of said municipality; subject to the approval of the State Comptroller when such ap- proval is requested by a two-thirds vote of the governing body of said municipality, to be expanded in accordance with the provisions of Section 24.6, Code of Iowa. The City Auditor of said munici- pality, upon receipt of approval by the State Comptroller, is directed to correct his books accordingly and to notify the treasurer of the transfer, accompanying the notifi- cation with a copy of this resolu- tion and the record of its adop- tion. (Presiding Officer) Gaylord M. Couchman, Mayor (Secretarial Officer) Leo F. Frommelt, Ctiy Clerk The foregoing resolution was ad- opted by the City Council of Du- buque, Dubuque County, Iowa at a special meeting of the same on the 20th day of December, A.D. 1971- Nays-None. APPROVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved this 23 day of December, 1971. Maurice E. Baringer Chairman State Appeal Board By Francis R. Larew Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the followiog vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. December 10, 1971 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1971 Concrete Curb and Gutter Project No.1 has been completed in accordance with the City of Dubuque plans and specifications with the excep- tion of shaping the slopes and seediog same or sodding where called for in the specifications. Any driveway approaches will also be dressed to owners satisfaction next spring. An appropriate amount to cover these items will be withheld from the contractors payment until these items are completed. On these conditions, I recom- mend the acceptance of the above named project. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. FINAL ESTIMATE RESOLUTION NO. 382.71 WHEREAS, the contract for the CITY OF DUBUQUE 1971 CON- CRETE CURB AND GUTTER PRO- JECT NO.1 l.Asbury Road from the W.PL. of Lot 1-1-1 of Asbury Park, west to the Corporation Limits. 2. Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street-Widening at inter- section of Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the alley west of Central Av- enue. 5. Hamilton Street extension from the E.P.L. of Kerper Blvd. to the E.P.L. of Lot 1-2-1 of Block 5 River Front Sub. No.3. 6. Locust Street from the N.P.L. of Fourth Street to S.P.L. of Fifth Street-east side only. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE 1T RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $148,329.70. That $4,416.48 of the cost there-- of shall be assessable upon pri- vate property and $143,913.22 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 20th day of December, 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 Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. IIII 526 Special Session, December 20, 1971 Special Session, December 20, 1971 (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 383.71 WHEREAS, the contract for the CITY OF DUBUQUE 1971 CON- CRETE CUBB AND GUTTER PRO- JECT NO.1 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park, west to the Corporation Limits. 2. Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street-Widening at inter- section of Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the alley west of Central Av- enue. 5. Hamilton Street extension from the E.P.L. of Kerper Blvd. to the E.P.L. of Lot 1-2-1 of Block 5 River Front Sub. No.3. 6. Locust Street from the N.P.L. of Fourth Street to S.P.L. of Fifth Street-east side only. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall up- on receipt of such plat and sched- ule publish the notice of the Coun- cil's intention to levy special as- sessments therefore, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Wayne A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Hamilton Street Extension from the E.P.L. of Kerper Boulevard to the E.P.L. of Lot 1-2-1 of Block 5 of lliver Front Sub. No.3. Loras Blvd. from W.P.L. of Wal- nut Street to the E.P.L. of Univer- sity Avenue. Eagle Poiot Park-Roadway Eighth Street Service Drive from W.P.L. of Central Ave. to the alley west of Central Avenue. has been completed and the City Engineer has submitted his final estimate showing the cost there- of including the cost of estimates, notices, inspection, and preparing the assessments 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 $233,334.88. That $119,575.57 .of the cost thereof shall be assessable upon private property and $93,877.47 shall be paid from the Road Use Tax Fund from the $13,033.75- Stats Refund-Central Ave., from the $6,866.09-Park Board Fund of the City of Dubuque. Passed, adopted and approved this 20th day of December, 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 Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. December 16, 1971 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1971 Asphalt Pav- ing Project No.1, except Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park to the westerly corporation limits, has been com- pleted in accordance with the City's plans and specifications. I, therefore, recommend the ac- ceptance of the City of Dubuque 1971 Asphalt Paviog Project No.1, except Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park to the westerly corporation limits. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Bitter moved to concur 10 the Manager's recom- mendation. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. FINAL ESTIMATE RESOLUTION NO. 384-71 WHEREAS, the contract for the City of Dubuque 1971 Asphalt Paviog Project No.1, except As- bury Road from the W.P.L. of Lot 1-1-1 of Asbury Park to the West- erly Corporation Limits, remaining Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. Attest: Leo F. Frommelt, City Clerk Councilman Bitter 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 Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 385-71 WHEREAS, the contract for the City of Dubuque 1971 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1, except Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park to the Westerly Cor- 527 poration Limits, remaining Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. Hamilton Street Extension from the E.P.L. of Kerper Boulevard to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No.3. Loras Blvd. from W.P.L. of Wal- nut Street to the E.P.L. of Uni- versity Avenue. Eagle Point Park Roadway - Eighth Street Service Drive from W.P.L. of Central Ave. to the alley west of Central Avenue has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assesments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk 528 Special Session, December 20, 1971 Special Session, December 20, 1971 529 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- hauer, Pregler. Nays-None. RESOLUTION NO. 386-71 WHEREAS, Romac Inc. and the City of Dubuque, Iowa have agreed concerning the terms of Grant of Easement by Romac, Inc. to the City of Dubuque, Iowa for the lo- cation, maintainance and installa- tion of a Civil Defense Warning Siren; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the agreement between Romac, Inc. and City of Dubuque, Iowa agreeing on the terms of Grant of Easement to City of Dubuque, Iowa for the in- stallation, and maintenance of a Civil Defense Warning Siren be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized to execute said Grant of Easement Agreement for and on behalf of the City of Du- buque, Iowa. Passed, approved and adopted this 20th day of December, 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 Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 387.71 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, 10wa, be granted a permit to sell ,;Oc" - Cigarettes and Cigarette Papers witWn said City. William J. Baum, 3165 Central Avenue (Transfer from 1121 Uni- versity effective December 27, 1971) John J. Glynn, 1121 University Avenue (Effective January I, 1972) BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen John C. Neumeister, 729 Lincoln Avenue Passed, adopted and approved this 20th day of December, 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. 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. 389.71 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 John J. Glynn, 1121 University Avenue William J. Baum, 3165 Central Avenue Mrs. Lorraine Gordon, 2327 Cen- tral Avenue CLASS"C" BEER PERMIT William J. Lynn, 424 West Locust Street Donald E. Wertz, 1545 S. Grand- view Avenue Harold Welter. 534 Rhomberg Ave- nue Leverne Felderman, 1889 Jackson Street Osco Drugs, 703 Main Street John C. Neumeister, 729 LincoIn Avenue BE IT FURTHER RESOLVED THAT THE BONDS filed by such appUcants be and the same are hereby approved. RESOLUTION NO. 388-71 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 Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMITS John J. Glynn, 1121 University Avenue William J. Baum, 3165 Central Avenue Mrs. Lorraine Gordon, 2327 Cen- tral Avenue CLASS "C" BEER PERMITS William J. Lynn, 424 West Locust Street Donald E. Wertz, 1545 S. Grand- view Avenue Harold Welter, 534 Rhomberg Ave- nue Laverne Felderman, 1889 Jackson Street Osco Drugs, 703 Main Street Passed, adopted and approved tWs 20th day of December, 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 Counchman. Carried by the following vote: Yea. - Mayor Couchman, Coun- cilmen Bitter, Meyer., Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 390-71 WHEREAS, applications for Liquor Permits have been submit- ted 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 Dubuq\le, Iowa, that the following applications be granted and llcenses Issued \lpon the compUance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 123--as amended by the 67th General Assembly. CLASS "C" COMMERCIAL ESTABLISHMENT John J. Glynn, 1121 University Avenue CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Mrs Lorraine Gordon, 2327 Cen- t¡al Avenue John R. Hirsch, 206 West 3rd Street Disabled American Veterans Club, 2600 Dodge Plaza 20 Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F, FrOID11JÐ1t Clerk Councilman Bitter maved ado!>- tlon of the resolution. Sel!onded by 530 of the Councilmen and deems the present salary of $1,200.00 per year for each Councilman to be inadequate, and WHEREAS, the City Council deems it appropriate and proper to increase the salary for each Councilman to the sum of $2,000.00 per year. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, as follows: Section 1. That from and after January 1, 1974, the salary of each of the Councilmen of the City of Dubuque, Iowa, be and the same is hereby fixed and set in the amount of $2,000.00 per year and same shall be payable com- mencing January 1, 1974. Section 2. That the City Man- ager be and he is hereby ordered and directed to make such bud- getary provisions 10 order that the salaries of the Councilmen may be increased accordingly and be pay- able accordingly commencing Jan- uary 1, 1974. PASSED, ADOPTED AND AP- PROVED this 20th day of Decem- ber, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Special Session, December 20, 1971 Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Mr. Gene P. Thompson present- ed the Council with photos of streets in his area, which is a com- paratively new subdivision show- ing the condition of the' street and also drainage failure. Councilman Bitter moved to re- fer the matter to the City Man- ager and staff for investigation and report. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- I cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. There being no further business Councilman Bitter moved to ad- journ. Seconded by Mayor Couch- man. Carried by the followiog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Leo F. Frommelt City Clerk Special Session, December 20, 1971 Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 391-71 WHEREAS, applications for liq- 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 is- sued to the followiog named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John J. Glynn, 1121 University Avenue CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Mrs. Lorraine G. Gordon, 2327 Cen- tral Avenue John R. IDrseh, 206 West 3rd Street Disabled American Veterans Club, 2600 Dodge Plaza 20 Passed, adopted and approved this 20th day of December, 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 followiog vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 392.71 WHEREAS, the City Council of the City of Dubuque, Iowa has con- sidered the present salary of each 531 Attest: Leo F. Frommelt City Clerk Councilman Pregler 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. Communication of Gene P. Thompson of 3464 Meggan Drive objecting to the poor quality of work which is accepted by the City from the local subdividers in the eonstruction of streets, curb and gutter, sewers etc., presented and read. Councilman Moldenhauer moved that the rules be suspended in or- der to let anyone address the Coun- cil if they so desire. Seconded by Approved ..........................:.........1972 Adopted ......................................1972 Councilmen Attest: City Clerk