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1972 January Council Proceedings Regular Session, January 3, 1972 CITY COUNCIL OFFICIAL Regular Session, January 3, 1972. Council met at 7:30 P.M. (C.S.T.) 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 is the REGULAR MONTHLY MEETING AND ALSO THE FIRST MEETING OF THE FISCAL YEAR 1972, is called for the purpose of acting upon such business as may prop- erly come before the meeting. Retiring Councilmen Couchman and Meyers expressed appreciation to their colleagues on the Council for their understanding and coop- eration during their four years of community service. City Clerk Frommelt adminis- ~~~eJu;~~a~~".~~ ~\~~ t~. ;h~: I elected to serve as Councilmen for the regular term to December 31, 1975 commencing the second secu- lar day of January 1972. Councilman Bitter moved that Councilman Wayne A Moldenhau- er be elected to serve as Mayor for the emmng fiscal year of 1972. Seconded by Councilman Just- mann. Carried by the following vote: Yeas-Councilmen Bitter, Just- mann, Moldenhauer, Pre g 1 e r, Thoms. Nays-None. City Clerk Frommelt adminis- tered the oath of office to Mayor I Wayne A. Moldenhauer who took his place in the Mayor's chair at the Council table. Councilman Bitter moved that the City Solicitor be instructed to draft a resolution of appreciation for services rendered by former Councilmen Couchman and Mey- ers. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays-None. RESOLUTION NO. 1-72 Providing for the Appointment of a City Manager, City Clerk, I and City Solicitor for the City of Dubuque, Iowa: Providing Their Salaries and Fixing Their Bonds. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the following officers be appointed, subject however, to the right of the Council to declare such offices vacant or remove the officers therefrom at the pleasure of the Council with or without cause, and to be paid the compen- sation provided in the budget ap- proved October 26, 1971, as amend- ed, and that the City Manager pro- vide a $5,000 bond and the CIty Solicitor provide a $1,000 bond at their own expense, and that the City Clerk be covered under the Blanket Honesty Bond. CIty Manager, Gilbert D. Chavenelle City Clerk, Leo F. Frommelt City Solicitor, R. N. Russo Passed, adopted and approved this 3rd day of January, 1971. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt CIty Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. January 3, 1972 To the Honorable Mayor and Members of the City Council As City Manager I wish to ad- vise your Honorable Body that all officers and employees who I have power to appoint and are under my supervision, direction and con- trol, and whose appointments con- tinue at the pleasure of the Man- ager and who are now serving in their respective capacities shall be paid salaries in accordance with the detailed distribution of pro- posed expenditures for 1972 which the Council establishes at the time of the budget hearing and adop- tion, and in accordance with pages 21, 22 and 23 of the "City of Du- buque 1971 Wage and Salary Plan" 2 Regular Session, January 3, 1972 as modified by the tabulation "City Wage Proposal by Salary Grades," copies of which are attached bere- to. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved con- currence and approval of the Man- ager's recommendation. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 2-72 WHEREAS, William C. Conzett I has resigned bis office of Assist- ant City Attorney effective Janu- ary 1, 1972. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That James Gene Schilling, attorney-at-law, of Du- buque, Iowa be and he is hereby appointed Assistant City Attorney of the City of Dubuque, Iowa at an annual salary of $6200.00, com- mencing January 2, 1972. Passed, approved and adopted this 3rd day of January, 1972. Wayne A. Moldenbauer Mayor Walter A Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by tbe following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thomas. Nays-None. RESOLUTION NO. 3.72 BE IT RESOLVED by the CIty Council of the City of Dubuque, Iowa: That the Telegraph Herald, a daily newspaper of general circu. lation, be appointed the official newspaper of the City. passed, adopted and approved this 3rd day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Resolution Naming Depositories RESOLUTION NO. 4-72 BE IT RESOLVED by the City Council of City of Dubuque, Du- buque County, Iowa: That we do hereby designate the following banks to be depositories of the City of Dubuque funds in amounts not to exceed the amount named opposite each of said designated depositories and the City Tceasurer is hereby authorized to deposit the City of Dubuque funds in amounts not to exceed in the aggregate the amounts named for said banks as follows, to-wit: American Trust " Savings Bank, Dubuque, Iowa, Maximum Depos- it in effect under prior resolu- tion ($5,000,000.00), Maximum Deposit under this resolution $5,000,000.00. Dubuque Bank & Tcust Company, Dubuque, Iowa, Maximum Depos- it in effect under prior resolu- tion ($5,000,000.00), Maximum Deposit under this resolution $5,000,000.00. First National Bank of Dubuque, Dubuque, Iowa, Maximum De- posit in effect under prior reS<>- lution ($5,000,000.00), Maximum Deposit under this resolution $5,000,000.00. Key City Bank " Trust Company, Dubuque, Iowa, Maximum Depos- it in effect under prior resolu- tion ($5,000,000.00), Maximum Deposit under this resolution $5,000,000.00. The vote on the resolution is as follows: Ayes: Wayne A. Moldenhauer Mayor Joseph J. Bitter C. Robert Justmann Walter A. Pregler Al1an T. Thoms Councilmen Regular Session, January 3, 1972 Dated at Dubuque, Iowa, this Councilmen Bit t e r, Justmann, 3rd day of January, 1972. Pregler, Thoms. Leo F. Frommelt Nays-None. City Clerk ORDINANCE NO. 1.72 The amount authorized by this An Ordinance Allocating and resolution is hereby approved. Making Appropriations of Tax Maurice E. Baringer Le"ies and Other Sources of Treasurer of State Revenue to the Expenditures of . The att,ach~d Resolution Nam- g:::u:::,e~n;e~~n F~fi~e:: In!!, DepoSItOrIeS replac~s the resa- Beginning January I, 1972 and lution whIch you .had In ou~ fIle Ending December 31, 1972 and dated 1-4-71, Maunce E. BarrInger, Authorizing Certain Trensfen Treasurer of State. of Funds, presented and reed. . Councilman Pre~ler moved adop- Mayor Moldenhauer moved that bon of the resolutIOn. Seco~ded by the reading just had be the first Mayor M?ldenhauer. Carned by reading of the Ordinance. Second- the folloWIng vote: ed by Councilman Bitter. Carried Yea~ - M~yor Moldenhauer, by the following vote: CounCIlmen BIt t e r, Justmann, Yeas - Mayor Moldenhauer, Pregler, Thoms. Councilmen Bit t e r Justmann Nays-None. Pregler, Thoms.' , January 3, 1972 Nays-None. To the Honorable Mayor and Mayor Moldenhauer moved that Members of the City Council the rule requiring an Ordinance to An Ordinance has been prepared be read on three separate days be allocating and making appropria- waived. Seconded by Councilman tions of tax levies and other Bitter. Carried by the fallowing sources of revenue for expendi- vote: tures of the City Government of Yeas - Mayor Moldenhauer, the City of Dubuque, Iowa for the Councilmen Bit t e r, Justmann, year beginning January 1, 1972 Pregler, Thoms. and ending December 31, 1972 Nays-None. and authorizing certain transfers of funds. This Ordinance is in accord with the budget expenditures adopted by the City Council on October 26, 1971. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, "'" CITY OF DUBUQUE BUDGET ALLOCATION cumbm. L,:.v,X,'o ç= R:'v~~"e ~~::"œ' !~~O,. . 2.101 213,305 "',600 709"" 1.<05 "'~'" 15,000 --- 'm'I, '1"!~¡; J!;:::: 2.667 250...., 38,898 '.286 "".137 11,000 1.553 157.66' 20,000 29.2202.966,5682,706,044 165""1 8.508 863.m '.01' '.226 936~'" 3,'" 10.000 .293 29,747 7 660,711 164,74$ Tox, 775.66' 259.'" 8,400 Tolal --. 47."'7 ',796.764 ',409,'" 348.643 '.555,29< . locI,de, $32,163 State Re,lecem." " F""o M"",.. aod C"dl" Tex - Incl,d.. $210.... T"",'" ,",", LI.", P"fI F"'" FUND 3 Regular Session, January 3, 1972 s""'... 2. Ge....., MI..."...... December 21 1971 '.venu... Ge."" ml"oll,...", ,.v- ' ¡~:iJ! ~~t ~~!~~':J'~~!{{:J¡ ~¡ ~~bt~~u~e<;t:;o~f~ge City ~~¡"07"\\,t;~ ~::'::'.~ff'¡'uJ:.f~.:J; of Dubuque Conference Board: ::::w.".u"'",, F. tho "m. ""I" RE: Protest of assessment of real estate on Swift Agri- cultural Chemical Corp. property located on River. front Sub. #1, described as Bldgs. on Leased Land. Land owned by City. On May 18, 1970, a protest of assessment on the above described real estate was presented to the CIty Board of Review by Harry Smith, Tax Agent representing Swift Agricultural Chemical Corp. The property was assessed as fol- lows: Actual Value (100%) Bldgs. ..................................$ 994,514 Mch. & Equip. ..................$ 298,333 (assessed as real estate) 4 d,y of J,.u""" "". P,..",. ,dop"" ,,'" ,pp,ov'" UPO" fI."'o"""" Ihi. ',d dev of J,"U"", 1972. A. Moldenh'.., OR A.P,en'" T. Thom. -. ._n,,1 Ju.lmaM J..eph J. Bitt.. COIINCILME'N ATTEST, Leo F. "ommo" CIIV CI..k. Pub".h'" officially ,. The Tol...aph- Ho"ld Now.pap.. Ihl. 1th day of J,""MY. '972. Loo F. "ommo" CIIV CI..k It.l/1 Mayor Moldenhauer moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Dubuque Edu- cation Ass'n. extending an invita- tion to a legislative forum on Jan- uary 15th at Hempstead High School to familiarize legislators with wishes of the community's or- ganizations, presented and read. Councilman Pregler moved that the communication be referred to the Mayor for investigation and re- port. Seconded by Councilman Juslmann. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Regular Session, January 3, 1972 5 The Swift Agricultural Chemi- cals Corp. agents accepted this of- fer and as City Assessor I would like to commend City Solicitor Ro- molo Russo in negotiating such a settlement and would recommend to the City of Dubuque Conference Board that said settlement for the year 1970 be approved. Respectfully submitted, James J. Gregory City Assessor Dubuque, Iowa Councilman Bitter moved that the communication be received I and filed and made a matter of record. Seconded by Mayor Mol- denhauer. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Total ..................................$1,292,847 Assessed Value (27%) Bldgs. ..................................$ 263,519 Mch. & Equip. ..................$ 80,550 (assessed as real estate) Total ..................................$ 849,069 The City Board of Review denied the petition and the decision was appealed to District Court. Before going into Court, City Solicitor R. N. Russo and I consulted with Thomas Valentine, a professional appraiser with the J. M. Clemin. shaw Co. Appraisal Firm, as to what the fair market value would be at the present time. Mter view. ing the property and using the three approaches to value-cost, market and incomo>-to arrive at a fair market value, we conferred with Mr. Russo and he presented the Swift Companies agents with the following recommendation. That the buildings and machinery and equipment be assessed as foi- lows: Actual Value (100%) Bldgs. ................................$ 550,000 Mch. & Equip. ..................$ 50,000 (assessed as real estate) December 28, 1971 To the Honorable Mayor and City Council, This is to advise that I have ap- proved the fallowing bonds and policies, and desire to have your approval on same. PUBLIC OFFICIAL BOND Gilbert D. Chavenelle, Merchant Mutual Bonding Company Gerald Hird, The Ohio Casualty Insurance Co. COMPREHENSIVE LIABILITY Fischer and Company, Inc., Etal, Bituminous Casualty Corpora. tion Fondell & Sons Inc., Hartford Ac- cident & Indemnity Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved for filing approval subject to approval of the City Solicitor. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of City Solicitor Russo submitting an opinion, Sec- tion 368A.22 Interest in contracts -when not applicable-concerning the status of Councilman Thoms in relation to application of change of land use in Urhan Renewal for Ecumenical Housing Inc., present- Total Assessed Value (27%) Bldgs. ................................$ Mch. & Equip. ..................$ (assessed as real estate) 600,000 148,500 13,500 Total 162,000 ed and read. Councilman Justmann moved to receive and file the re- POrt. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Councilman Bitter moved that the Mayor be requested to go though the County Attorney for an Attorney General's opinion on the conflict of interest issue rela- tive to Councilman Thoms. Second- ed by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Thoms. Nays-Councilman Pregler. COUNCIL RECESSED AT 9:08 P.M.-RECONVENED 9:14 P.M. December 23, 1971 Hon. Mayor and City Council On or about November 23, 1971. Greg Stephen Hutchinson of 1511 North Algona, this city filed claim against the City of Duhuque claim. ing damages in the amount of $13.70 and alleging said damages occurred to his motor vehicle on November 18, 1971 as the result of a faulty night deposit box and barrier arm at the Locust Street exit of the Locust Street Parking Ramp in this city. This matter Was referred to the appropriate City Agency who made an investigation thereof and re- ported 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 said claim be denied. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap. proval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. December 29, 1971 Hon. Mayor & City Council On July 19, 1971, William F. Al- lendorf and Darlene E. Allendorf, husband and wife, through their onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. Notiee of Claim of Lewis IL Brown, in an undetermined amount, for personal injuries re- ceived in a fall on steps at 650 University Ave. on December 27, 1971, presented and read. Council- man Pregler moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Notice of Suit of Frank Oswald vs. Union CIgar Store and the City in the amount of $16,940.50 for personal injuries received as the result of a fall on an ice covered walk at 336 Main Street on Febru- ary 5, 1971, presented and read. Councilman Pregler moved that the notice of suit be referred to the CIty Solicitor for investigation and report. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Atttorney that the City Auditor be instructed to draw a warrant payable to Ethel L. Hutter in the amount of $1,000.00 and transmit the same to the City Attorney for delivery upon receipt of Dismissal of this action with prejudice, evi- dence of payment of court costs and appropriate releases. Copy of Original Notice with Pe- tition attached is herewith en- closed. Respectfully submitted, R. N. Russo CIty Attorney Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. ORDINANCE NO. 2.72 I An Ordinance Amending Ordi. nance No. 33-49 known as the "TreHic Code of Dubuque, Iowa" as amended by repealing Section 16.21 which prohibited the Park. ing of Vehicle. ~n the Hours of 12 Midnight and 6:00 A.M. upon streets es are cleaned by sweeping or flushing, present. ed and read. Mayor Moldenhauer moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Just- mann. Carried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. 6 Regular Session, January 3, 1972 Regular Session, January 3, 1972 7 attorneys, filed notice of claim for damages against the City of Du- buque alleging said damages oc- curred on June 24, 1971 as the re- sult of a sewer backup on prem- ises owned by them at 125 West 9th Street, this city, and kuown as the Iowa Inn, and further claim- ing said sewer backup caused dam- ages in an unspecified amount to the furnace, boiler and pumps. This matter was referred to the appropriate City Agency who made an invesitgation thereof and re- ported by letter of no liability on the part of the City and in view of the foregoing, it is the recom- mendation of the City Attorney that the claim of William F. Al- lendorf and Darlene Allendorf be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. December 28, 1971 Honorable Mayor and CIty Council In July 3, 1971, Mrs. Gertrude M. Loibl of 2208 Rhomberg Ave- nue, this city, filed claim against the City of Dubuque, Iowa in an unspecified amount and alleging that she suffered a broken nose and bruises on June 15, 1971 as the result of a fall on steps to the Eagle Building at Eagle Point Park in the CIty of Dubuque, Iowa. This matter was referred to the appropriate agency of the CIty of Dubuque who made an investiga- tion thereof and reported by let- ter to this office of no liability on the part of the City of Dubuque and in view of the foregoing, it is the recommendation of the City Attorney that the claim of Mrs. Gertrude M. Loibl be denied. Original claim is attached here- to. Respectfully submitted, 1L N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- January 3, 1972 Honorable Mayor & City Council On the 10th day of February, 1971, Ethel L. Hutter filed an ac- tion against the City of Dubuque, Iowa, and Richard W. Driver, ajk/a IL W. Driver, Driver Invest- ment Co., Inc., ajk/a Driver In- vestment Co., Inc., d/b/a Lady of Lourdes Convalescent Home, Pam- ela Dow Fessler, Trustee of the Eva M. Hodges Trust, Ivan S. Dow and Evelyn H. Dow as defendants, claiming damages in the amount of $60,000.00. This matter was re- ferred to the City Attorney who interposed appropriate pleadings and same was being readied for trial and defendants made an offer of settlement in the amount of $7,000.00 of which sum the amount the City of Dubuque will contrib- ute was the sum of $1,000.00. It is the recommendation of the City Mayor Moldenhauer moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. 11. 1/7 Mayor Moldenhauer moved fin- al adoption of the Ordinanee. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. ORDINANCE NO. 3-72 An Ordinance Amending Ordl. nance No. 44-49, known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sec- tion B of Schedule III and by en. acting a new Section B to Sched. ule III in lieu thereof deslgnat. ing certain intersections as stop intersections and drivers of ve. hicles shell stop before entering ..id intersections from direc- tions Indicated, presented end reed. Mayor Moldenhauer moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Just- mann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Mayor Moldenhauer moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Justmaim. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. NaYS-None. mann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Mayor Moldenhauer moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. 8 Regular Session, January 3, 1972 1. 2. J. ,. 5, 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. "h'IMton s"",t" 18. ood Fongle" 19. ,"" Llneoln Avo- p~~;';', ,pp"ved ood adopt,d !hI, "d dov of J,no"", 1972. W"n, A. Mold"""'u" M,yo' W"", A. ""gl" AlI,n T. Thom, C. Robe,t Ju,'m,nn Jo"ph J. Bm" Coundlmen ATTEST, Leo F. F"mm'" CIIY CI"k Publl,h,d olfkl,lIy In The T"e- g"ph-H",'d New'p,,'," "", 7'" d'y of "no"y 1971. Leo F. ",omm," City CI"k 1I.m Mayor Moldenhauer moved fin- al adoption of the Ordinance. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. ORDINANCE NO. 4-72 An Ordinance Amending Ordi. NANCE NO. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new section u. u. to Schedule II thereof to provide that Hillcrest Road from the South Property Line of Asbury Road to the East Property Line of Carter Road and from the West Property Line of John F. Kennedy Road to the East Property Line of Keyway and from the West Prop. erty L,ine of Keyway to its West- erly Terminus be established and designated as a through street, presented and read. Mayor Moldenhauer moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Just- --T. NOW THEREFOR'E BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF OUBUQUE. IOWA, section 1. Th,t O,dln,n" No, 33--4, known" "'e "T"lfle Code of Du- buque, low," " ,mended. be ,,'" the "m, " hmby ,m,""ed by ,nect- 'M , new Section u.u. 10 Schedul, II " "'"ow" "SCHEDULE II. u.u. y ,nd ou,", ""el." P",ed, ,..,oved ,"" ,dopted "'" 3>d d,y of J,.."". 1972. W,y", A. Mold,nh"" M'yo' W"", A. P"gl" AlI,n T. Ti C. Rob", Jo"ph J. L, 11.1/7 Mayor Moldenhauer moved fin- al adoption of the Ordinance. Sec- onded by Councilman Juslmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann Pregler, Thoms. Nays-None. Petition of Mettel Realty & In- vestment Co. requesting rezoning of S. 115 of O. L. 432 S'h of M. 1/5 of O. L. 432, N'h 'of S.M. 115 of O. L. 432, M. 1/5 of O. L. 432 ~ i iO, Regular Session, January 3, 1972 from Multiple to Business classifi- cation, property located at 14th & White Street, presented and read. Councilman Bitter moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Petition of Dubuque Musicians Protective Ass'n requesting con- sideration in the funding of pro- viding musical entertainment for citizens to cover increased costs for concerts in parks, parades etc., presented and read. Councilman Bitter moved that the petition be referred to the first Council meet- I ing in February. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Petition of Dr. Samuel J. Sulli- van D. C. requesting rezoning of Lot 1 of W'h of Lot 2 of 2 of 3 of 1 in Highland Farm Addn. from Single Family to Multiple Family Residence District Classification, located at 3290 Asbury Road, pre- sented and read. Councilman Preg- ler moved that the petition be re- ferred to the Planning" Zoning Commission. Seconded by Council- I man Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Petition of John J. Herbst re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 102, as he has discon- tinued business on 12-1-71, present- ed and read. Councilman Bitter moved that the refund be granted and the Auditor issue proper war- rant. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 5-72 WHEREAS, Vincent J. Kaiser has been a member of the Dock 9 Commission in and for the City of Dubuque, Iowa since the 10th day of February, 1964; and WHEREAS, said Vincent J. Kais- er has devoted his time and given unstintingly of his energies in the development of the river front of the City of Dubuque for industrial, commercial and recreational pur- poses; and WHEREAS, the said Vincent J. Kaiser by his acts and deeds as a Dock Commissioner has ren- dered services to the City of Du- buque and its inhabitants in ac- cordance with the highest stand- ards and degree 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 CIty Council of the CIty of Dubuque, Iowa: Section I. That the resignation of Vincent J. Kaiser from his of- fice of Commissioner 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 es- teem from his fellow Commiasion- erg and the City Council of the City of Dubuque, Iowa, as well as being an expression of thanks for his valued services. Section 2. That this Resolution be made a part of the permanent records of the City Council of the City of Dubuque, Iowa and that a copy of this Resolution be trans- mitted to the Dock Commiasion of the City of Dubuque, Iowa with a request that same be entered upon the permanent records of the Dock Commission of the CIty of Du- buque, Iowa. Passed, approved and adopted this 3rd day of January, 1972. Wayne A Moldenhaner Mayor Walter A. Pregler Allan T. Thoms Joseph J. Bitter C. Robert Justmann Couneilmen Attest: Leo F. Frommelt CIty Clerk Passed, approved and adopted this 3rd day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen another or different meaning or intent, shall be construed, are used, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Contract shall have the re- spective meanings ascribed thereto in the Contract. SECTION 2. The Contrsct en- tered into between the Local Public Agency and the Government for, the above identified Project is hereby declared to be a part of this Resolution and all applicable provisions thereof were expressly set forth in full herein. SECTION 3. In order to evidence payments made by the Government on account of the Project Tempo. rary Loan pursuant to the Contrsct with respect to the Project and to refund, renew extend or substitute for any Note by this Resolution authorized to be issued (or any such Note by any other resolution authorized to be issued and which I is outstanding, or on deposit for de- livery pending payment therefor, as of the date this Resolution be- comes effective), there are hereby authorized to be issued, from time to time, Project Loan Notes of the Local Public Agency in an aggre- gate principal amount outstanding at anyone time (whether autho- rized by this Resolution or any other resolution authOrizing the is- suance of Project Loan Notes) not in excess of the amount of the Project Temporary Loan available under the Contract. SECTION 4. The City Manager is ' hereby authorized to file with the Government from time to time as funds are required, requisitions, to- gether with the necessary support- ing documents, requesting pay- ments to be made on account of the Project Temporary Loan avail- able under the Contract, and the proper officers of the Local Pub- lic Agency shall prepare, execute and deliver to the Government Notes hereinafter authorized and shall accept payment therefor from the Government in the form of f:~ 0~~\1:rA~~~~~,i~:3dsu% ~: I fieers are authorized to do and perform all other things and acts 10 Regular Session, January 3, 1972 Regular Session, January 3, 1972 Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 6-72 Approving and Providing for the Execution of the Fourth Amend- atory Controct Amending Co... tract No. lowo R.JS (LG) by ond between the City of Dubuque, lowe one! the United States of America. WHEREAS, under date of July 26, 1967, the City of Dubuque I (herein called the "Local Public Agency") and the United States of ' America (herein called the "Gov- ernment") entered into a Loan and Capital Grant Contract No. Iowa R.15 (LG) for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, an application sub- mitted by the Local Public Agency with the Government for a revised Temporary Loan and Project Capi. tal Grant was approved under date of November 24, 1971, and which approval necessitates an amend- ment to the said Loan and Capital Grant Contract now therefore, BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa. Section I. The pending proposed Fourth Amendatory Contract (herein called the "Amendatory Contract"), 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. Section 2. The Mayor is hereby authorized and directed to execute said Amendatory Contract in two counterparts on behalf of the Local Public Agency, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Public Agency on each such counterpart, and to for- ward such counterparts to the De- psrtment of Housing and Urhan Development, for execution on be- half of the Government, together with such other documents rela- tive to the approval and execution of such counterparts as may be re- quired by the Government. 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 Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 7.72 Authorizing the Issuance of P,roiect Loon Notes ,in Connec. tion with Urben Renewel proJ. ect Iowa R.15. WHEREAS, the City of Du- buque (herein called the "Local Public Agency") is duly author. ized and proposes to undertake and carry out a certain urhan re- newal or redevelopment project (Iowa R-15) of the character au- thorized by law with financial aid by the United States of America (herein called the "Government"), in the form of a Project Tempo. rary Loan under Title I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), which may be made by the Government to the Local Public Agency with re- spect to said Project in accord- ance with a certain Loan and Grant Contract (herein called the 'Contract"), by and between the Local Public Agency and the Gov- ernment; and WHEREAS, in order to enable the Local Public Agency to obtain such financial aid, it is necessary for the Local Public Agency to authorize and, from time to time, issue certain obligations in the form of Project Loan Notes, as hereinsfter provided: now there- fore. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. Whenever the fol- lowing terms, or any of them, are used in this Resolution the same, unless the context shall indicate required to be done or performed in order to obtain such payments. Cash proceeds from the issuance of all Project Loan Notes shall be deposited and disbursed only in accordance with the provisions of the Contract. SECTION 5. Each Project Loan Note shall bear interest and be psy- able in the form and manner pre- scribed by the Contract and this Resolution; shall be signed in the name of the Local Public Agency by the Mayor; and sball have the official seal of the Local Public Agency impressed thereon and at- tested by the City Clerk; and shall otherwise be in substantially the form of HUD-9107 inCOrporated herein by reference. SECTION 6. This Resolution shall supersede all previous reso- lutions authorizing Project Tem- porary Loan Notes, and the Project Loan Notes authorized by this Res- olution shall be exchanged for any Project Temporary Loan Notes heretofore issued pursuant to any previous resolution. Passed, approved and adopted this 3rd day of January, 1972. Wayne A. Moldenhauer Mayor Walter A Pregler Allan T. Thoms C. Robert Justmann 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 Moldenhauer, Councilmen Bit t e r, Justmann; Pregler, Thoms. Nays-None. RESOLUTION NO. 8-72 A resolution approving sale of Lot 3 Riverfront Sub. No.4 to Du. buque Packing Co. and directing Clerk to publish notice of sale, presented and read. Councilman Justmann moved that the resolution be referred to the next meeting. Seconded by Councthnan Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. NaYS-None. 11 Regular Session, January 3, 1972 Regular Session, January 3, 1972 Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen 13 12. December 31, 1971 Mayor Moldenhauer moved adop- To the Honorable Mayor tion of ~he resolution. Se~onded d City Council by CouncI!man Pregler. Corned by an . '. the folloWIng vote: This 18. to adVIse you that the Yeas - Mayor Moldenhauer, construction of. contract 1970 Councilmen Bit t e r, Justmann, Downtown Tcaffic SIgnal and Pregler Thoms Street Lighting Pr?ject and work Nay"':-None. . incidental thereto In and for the City of Dubuque, Iowa has been fA Resolution Accepting completed in accordance with Improvement) plans, specificàtions and the con- RESOLUTION NO. 12-72 tract by and between Paulson WHEREAS, the contract for the Electric Company of Dubuque, 1970 Downtown Traffic Signal and Iowa and the City of Dubuque, Street Lighting Projeet. Locust Iowa. Street Fourth Street, Fifth Street, Respectfully submitted, Ninth' Street has been completed Gilbert D. Chavenelle and the City Manager has exam- CIty Manager ined the work and fí!ed his certir¡.. Mayor Moldenhauer moved that cate stating that the same has been the communication be received and completed according to the terms fí!ed. Seconded by Councilman of the contract, plans and specüi- Pregler. Carried by the following cations and recommends its accept- vote: ance, now therefore, Yeas - Mayor Moldenhauer, BE IT RESOLVED, by tbe City Cooncilmen Bit t e r, Justmann, Council of the City of Dubuque, Pregler, Thoms. that the recommendation of the Nays-None. City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Tceasurer be and he is hereby directed to pay to the contractor from the Road Use Tax Fund" Utilities 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 this 3rd day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen December 30, 1971 T() tbe Honorable Mayor and City Council The construction of the Crissy Drive Storm Sewer, Kaufmann Avenue-575' North and w()rk in- cidental thereto in and for the City of Dubuque, Iowa has been completed in accordance with plans, specifications and contract by the Flynn Company, Inc. of Du- buque, Iowa. A small section of sidewalk has settled since the construction was properly completed by Flynn. The sum of $400.00 will be withheld from funds due Flynn until this area can be repaired in the spring, 1972. We recommend the project I be provisionally accepted at this time subject to the satisfactory re- pair of said sidewalk in the spring. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. FINAL ESTIMATE RESOLUTION NO. 9.72 wHEREAS, the contract for the construction of Crissy Drive Storm Sewer - from Kaufmann Avenue, I 1>71> feet north has been completed and the City Engineer has submit- tde his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council ()f the City of Dubuque, That the cost of said improve- ment is hereby determined to be $19,103.91>. That none of the cost thereof shall be assessable upon private property and $19,103.95 shall be paid from the Storm Sewer Bond Issue Fund of the City of Dubuque. Passed, adopted and appmved this 3rd day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-N()ne. fA Resolution Accepting Improvement) RESOLUTION NO. 10-72 WHEREAs, the contract for the construction of Crissy Drive Storm Sewer - from Kaufmann Avenue, 575 feet north has been completed and the City Manager has exam- ined the work and filed his cer- tüicaœ stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its aceeptance, n()w therefore, BE IT RESOLVED, by tbe City Council of the CIty of Dubuque, that the recommendation of the CIty Manager be approved and that sald improvement be and the same is hereby aceepted. BE IT FURTHER RESOLVED, that the City Treasurer be and be is hereby directed to pay to the contractor from the 1970 Storm Sewer B()ud issue upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 3rd day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen FINAL ESTIMATE RESOLUTION NO. 11.72 W1IEREAS, the contract for the construction of: 1970 Downtown Tcaffic Signal and Street Lighting Project. Locust Street, Fourth Street, Fifth Street, NInth Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $73,461>.48. That none of the cost thereof shall be assessable upon private property and $73,465.48 shall be paid from the Road Use Tax Fund " Utilities Fund of the CIty of Du- buque. Passed, adopted and approved this 3rd day of January, 1972. Wayne A Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Moldenhauer moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Attest: Leo F. Frommelt City Clerk C()uncilman Pregler moved adop- tion ()f the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. November 9, 1971 To the Honorable Mayor and City Council This is to advise you that the construction of contract Main Street Pedestrianway Phase I Gen- Attest: Leo F. Frommelt City Clerk (A Resolution Accepting Improvement) RESOLUTION NO. 14-72 WHEREAS, the contract for the Main Street Pedestrianway, Phase 1, Section I-Genersl Contract has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord. ing to the terms of the contract, plans and specifications and rec. ommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the CIty Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Urban Renew- al, Road Use Tax, Street and Pub- lic Safety Funds upon the above described improvement in amount equal to the amount of his con. tract. Passed, adopted and approved this 3rd day of January, 1972. Wayne A. Moldenhauer Mayor Walter A Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen 14 Regular Session, January 3, 1972 eral Contract and work incidental thereto in and for the City of Du- buque, Iowa has been completed in accordance with plans, specifi- cations and the contract by and between the M. F. Goerdt Con- struction Company of Dubuque, Iowa and the City of Dubuque, 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 following vote: Yeas ~ Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. FINAL ESTIMATE RESOLUTION NO. 13-72 WHEREAS, the contract for the Main Street Pedestrianway, Phase I, Section 1, General Contract, has been completed and the City En- gineer has submitted his final es- timate showing tbe cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $627,284.58. That none of the cost thereof shall be assessable upon private property and $627,284.58 shall be paid from the Urban Renewal, Road Use Tax, Street and Public Safety Funds of the City of Du- buque. Passed, adopted and approved this 3rd day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Al1an T. Thoms C. Robert Justmann 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 Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. 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 Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 15-72 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Holiday Oil Distr., Inc., Kennedy Pennsylvania Ave. Brian Vincent, 3303 Asbury Street Leonard Oil Company, 1387 Dodge Street Regular Session, January 3, 1972 BE IT FURTHER RESOLVED RESOLUTION NO. 17.72 that the bonds filed with the ap- WHEREAs, applications for Beer plication be approved. Permits were filed by the within Passed, adopted and approved nam~d applicants and they have this 3rd day of January, 1972. receIved the approval of this Coun- Wayne A. Moldenhauer cil, and Mayor WHEREAs, the premises to be Walter A. Pregler ?ccupied by such applicants were Allan T Thoms Inspected and found to comply C Robert Justmann with the ordinances of this City J¿seph J. Bitter and they have filed proper bonds: Councilmen 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 Joseph E. Bell, 263 Main Street CLASS "c" BEER PERMIT Lucky Stores, Inc., 200 S. Locust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 3rd day of January, 1972. Wayne A. Moldenhauer Mayor Walter A Pregler Allan T. Thoms C. Robert Justmann 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 Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 16-72 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 is- sued upon the compliance with the terms of the ordinances of the CIty. CLASS "B" BEER PERMIT Joseph E. Bell, 263 Main Street CLASS "c" BEER PERMIT Lucky Stores, Inc., 200 S. Locust Street Passed, adopted .and approved this 3rd day of January 1972. I Wayne A. Moldenhauer Mayor Walter A. Pregler Al1an T. Thoms C. Robert Justmann 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 Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. 15 Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 18.72 WHEREAs, applications for Liq. uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the fallowing applications be grant- ed and licenses issued upon the compliance with the terms of the lOW A LIQUOR CONTROL ACT- CHAPTER 123-as amended by the General Assembly, 1971. CLASS "c" COMMERCIAL BEER & LIQUOR LICENSE Donald Kies, 2620 University Ave. James P. Kachevas, 665 Dndge St. January 3, 1972 Honorable Mayor and City Council On January 7, 1970, one Joseph Piluzza filed an action in the Dis- trict Court of the United States, Northern District of Iowa, Eastern Division against Byrne A. O'Brien, individually and as Captain of De- tective Bureau of Dubuque Police Department, John 1. Fangman, Merle P. Koch, William Von Ah, and Gus Fecker, individually and as Detectives of the Police De- partment of the City of Dubuque, Iowa, and Percy Lucas, individual- ly and as Chief of Police in the Police Department of the City of Dubuque, Iowa, defendants, same being Civil Action No. 7Q-C-l001- ED; said action being a complaint for damages with a jury demand in the total amount of $172,800.00 in each of two counts claiming false imprisonment and wrongful detention as weIl as a claim for the deprivation of the rights se- cured to the plaintiff under and by virtue of the Sixth and Four- teenth Amendments to the Consti. tution of the United States. That pursuant to law, the City undertook to defend said action and the City Attorney, at the di- rection of the City Council, inter- posed defenses thereto and resist- ed said action. That on November 10, 1971, the United States District Court for the Northern District of Iowa, Eastern Division, Judge Edward J. McManus, presiding entered an order providing that in the eveut a certain specified condition was not complied with, that said ac- tion is dismissed as of December 31, 1971. That as of December 31, 1971, the requirements in said court or- der for the plaintiff's deposition to be filed was not met and ac- cordingly said action is dismissed and this matter may now be con- sidered closed. It should be borne in mind that the City of Dubuque has under- taken the defense of this case for and on behalf of the policemen involved. 16 Regular Session, January 3, 1972 Passed, adopted and approved this 3rd day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann 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 foIlowing vote: Yeas - Mayor Moldenhauer, Councilman Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 19.72 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 issued to the following named applicants a Liquor Permit. CLASS úcú COMMERCIAL BEER AND LIQUOR LICENSE Donald Kies, 2620 University Ave. James P. Kachevas, 665 Dodge St. Passed, adopted and approved this 3rd day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann 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 Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved that the communication be received and filed and made a matter of Regular Session, January 3, 1972 record. Seconded by Mayor Mol- denhauer. Carried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. There being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman Justmann. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Leo F. Frommelt City Clerk 11 Approved """"............................1972 Adopted ......................................1972 .......................................................... """"""""""""""""'ë~~~~n;;;~~"" Attest """""""'ëiï;"ëi;¡;"""""'" Communication of Iowa State Department of Health approving the sanitary and functional fea. tures of Water Main Extensions of Rockdale Road and Southern Ave., W. 32nd St. & J. F. K. Road, Highway 20, and 28th Street, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of William G. Hummel advising of a dangerous situation at the switch track cross- ing on Railroad Avenue, presented and read. Councilman Pregler moved that the communication be received and filed and referred to the Manager and staff. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Dubuque Ad- visory Commission advising of three vacancies on their commis- sion and submitting a list of six names for possible repalcements, presented and read. Councilman Pregler moved that the communi- cation be referred to the Mayor. Seconded by Councilman Just- mann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Dubuque Ad- visory Commission submitting a Code of Ethics for the City and urging adoption of same to prt>- vide a standard of conduct and gnidelines to elected officials and employees, presented and read. Councilman Bitter moved that the communication be referred to the City Solicitor for opinion at his earliest convenience. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. 18 Special Session, January 17, 1972 CITY COUNCIL OFFICIAL S_ial Session, January 17, 1972. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Moldenhauer, Councilmen Sitter, Justmann, Preg.- ler, Thoms. City Manager Gilbert D. Chavenelle. Mayor Moldenhauer read the call and stated that service there. of had been duly made and this meeting is called for the purpose of conducting a public hearing on notice of pendency of resolution, of n_ssity for construction of Town Clock Piau Pha.. II, general con. tract and electrical contract, Ur. ban Renewal Project Iowa R-15, and acting upon such other busi- ness as may properly come before a regnlar meeting of the CIty Council. Mayor Moldenhauer was pre- sented with a gavel by Mr. Arnold Honkamp. Mayor Moldenhauer submitted the names of Robert Day of 1630 Ruann Drive and Duane Chase of 1821 Glendale Court to the Ad- visory Commission and Leslie Fur- useth to the Dock Commission to 11-26-74. Councilman Pregler moved affirmation of the appoint- ments. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Tri-County Senior Citizens Inc. submitting a resolution adopted at their meet- ing of January 5, 1972 at Cascade giving their unqualified endorse- ment to the Ecumenical Housing for proposed housing for the elder. ly in Downtown Dubuque with 100% rent supplementation, 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 Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Special Session, January 17, 1972 Councilman Justmann moved that the rules be suspended in or- der to let anyone address the Council if they so desire. Second- ed by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Mr. Wm. Woodward, chairman of the Advisory Commission, ad- dressed the Council on the Code of Ethics as submitted. Communication of State of Iowa Department of Public Instruction inviting the City to offer meals for needy children during the sum- mer programs the same as is be- ing done during the school year, presented and read. Mayor Mol- denhauer moved that the commu- nication be referred to the Man- ager and Staff for investigation and report. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Lions Club soliciting support for the Blind people to acquire the Naval Re- serve Building, presented and read. Mr. Don Gagne, president of the blind association, advised the Coun- cil that their organization has dis- cussed the possibility of working through the Area Workshop Shel- ter group in the possible acquisi- tion of the Naval Reserve Building who in turn would hire blind pet>- pIe. Mr. Gene Schilling, Director of the Area Workshop Shelter, stated that their organization needs more space and would consider bringing their various groupo un- der one roof, such as the Naval Reserve Building. Mayor Molden- hauer moved that the matter be referred to the Manager to con- tact Mr. Schilling and then report back to the Council within a month. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Mayor Moldenhauer submitling I weekly Mayor's reports to the 19 Council members covering his ac- tivities of the weeks of January 9th and 16th, presented and read. Mayor Moldenhauer moved that the reports be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. January 3, 1972 To the Honorable Mayor and City Council A request for a street light on York Street has been received. The situation has been investi- gated and it is recommended that a 4000 lumen incandescent light fixture be mounted on an existing pole located at the south curb of the "Doctor's Court West" exit on' York Street. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. January 12, 1972 To the Honorable Mayor and City Couocil This is to advise that 1 have ap- proved the following policies and desire to have your approval on same. COMPREHENSIVE LIABILITY Black & White, Yellow & Check- ered Cab Company, St. Paul Fire & Marine Insurance Co. Black & White, Yellow" Check- ered Cab Company, Inc., Em- ployers Reinsurance Corporation Black & White, Yellow & Check- ered Cab Co., Insurance Comps. ny of North America Dubuque Stone Products Company, Bituminous Casualty Corporation Jack C. Jones, d/b/a Jack Jones Excavating, Northwestern Na- tional Insurance Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the policies be filed subject to ap- proval of the City Attorney.. Sec- Subscribed and sworn to before me this 13th day of January, 1972. James C. Hynes Notary Public Mayor Moldenhauer moved that the communication be received and made a matter of record. Second. ed by Councilman Thoms. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. Notice of Claim of Lucille D. Oh- mert, in an unestimated amount, for personal injuries received in a faIl at the corner of 390 Alpine on December 27, 1971, presented and read. Councilman Bitter moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Notice of Suit of Mrs. John (Maureen Schulz) in the amount of $4500 for personal injuries re- ceived in a faIl in the crosswalk at 11th" Main St. on October 12, 1970, presented and read. Council- man Bitter moved that the notice be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Pregler. Car. ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. 20 Special Session, January 17, 1972 onded by Councilman Bitter. Car- ried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. January 17, 1972 To the Honorable Mayor I return to you the petition of Lyle Whalen and I submit this brief report on his request for a permit to build a car wash build- ing at 1277 Elm. Your staff has inspected the area. Mr. Gilson and Mr. White do not object to the proposal, and I submit a letter from Mr- Bandy requesitng permission to issue the permit. I also discussed the proposal and suggested that he determine if owners of abutting property ob- ject to the car wash building pro- posal. Mr. Whalen and his repre- sentative will be at the council meeting January 17th. Respectfully, Gilbert D. Cbavenelle CIty Manager Councilman Bitter moved that the communication be received and filed and indicated voice ap- proval. Seconded by Mayor Mol- denhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. ('ays-None. January 13, 1972 To The Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1971 Code of Iowa, as amended, the Civil Service Commission con. ducted entrance examinations for the POLICE DEPARTMENT, on October 6, 1971. The following named applicant passed both the written and physi- cal examinations and is hereby cer- tified for appointment. Swanton, Charles J. ..........75% Respectfully submitted, LeRoy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Civil Service Comm. Attest: Leo F. Frommelt Clerk January 17, 1972 Honorable Mayor and City Council On September 23, 1971, Mr. Lor- as J. Kemp of Kemp Bros. Truck- ing filed notice of claim as sub- contractor claiming payment of the amount of $7,928.51 owing un- der and by virtue of the contract between Kemp Bros. Trucking and H & R Wrecking Company, which claim was signed September 23, 1971 and was referred to the City Attorney. Subsequent thereto, the CIty At- torney examined the matter and determined that this was the only claim made against the retained ten percent of contract price by the City of Dubuque. Subsequent Special Session, January 17, 1972 21 thereto, the claimant filed his af- fidavit pursuant to statue and stat- ing that the amount of the claim, after all setoffs and credits, was in the amount of $5,428.51. It appears that the claim of Kemp Bros. Trucking against the H & R Wrecking Company, prin- cipal contractor, is the only claim filed pursuant to statute as against the retained ten percent of contract and the Dubuque Urban Renewal should pay the Kemp claim in the amount of $5,428.51 and that said payment check be transmitted to the City Attorney for exchange with the claimant of Lien Waiver therefor. Original claim and Affidavit is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation- Sec- onded by Councilman Bitter. Car- ried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. January 13, 1972 Honorable Mayor and City Council On November 19, 1971, Vernon Pauley of 95 York Street, this eity, filed claim against the City of Du- buque in an estimated amount of $131.13 and aIleging said damages were the result of his scraping the left side of his auto on rocks allegedly hanging over the curb on English Lane on the east side of said street when he pulled to the right to allow another car to pass on November 11, 1971. I have investigated this matter and have received report from Cletus AIlen, street commissioner, and in view of same, it is the rec- ommendation of the City Attorney that said claim of Vernon Pauley be denied. Original Claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Seconded hy Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen .1\ i t t e r, Justmann, Pregler, Thoms. Nays-None. Petition of Phillip T. Langas re- questing rezoning from Class A to Class B Business Classification of Phil's Pizza and Chicken Hut, pre- sented and read. Councilman Preg. ler moved that the petition be re- ferred to the Planning" Zoning Commission. Seconded by Council- man Bitter. Carried by the foIlow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Petition of Dubuque Community School District requesting vacation of a portion of Johnson Street ly- ing between Lincoln Avenue and Providence Street to serve as a playground area for a new school, also requesting vacation of "10' of alley from Johnson Avenue to the northeasterly boundary of Lots 60 and 81 in Cooks Addn., presented and read. Mayor Moldenhauer moved that the petition be referred to the Planning" Zoning Commis- sion. Seconded by Councilman Thoms. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Mr. Garlyn Wessels, Superin- tendent of Dubuque Community School District, addressed the Council by stating that the pro- posed north south freeway would be within fifty feet of the present Audubon school building. It would mean the dislocation of twenty- two families. Petition of American Legion Auxiliary Poppy chairman request- ing permission to seIl poppies on May 19th and 20th, presented and read- Councilman Pregler moved approval of the petition and refer to the City Maanger for implemen- tation. Seconded by Mayor Molden- hauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Petition of Frank Hardie Adver- tising Inc. requesting a refund of Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. Petition of Holiday Oil Distribut- ing Inc. requesting a refund of $150 on the unexpired portion of Class B Beer License No. 93, as they have discontinued business on January 10, 1972, presented and read. Councilman Pregler moved approval of the request and di- rected the Auditor to issue proper warrant. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Petition of Northwestern Bell Telephone Co. requesting permis- sion to excavate at 16th & Central Ave. for the purpose of rebuilding a manhole, presented and read. Councilman Pregler moved approv- al of the petition contingent upon approval of the Engineering De- partment. Seconded by Council. man Justmann. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 8-72 WHEREAS, the Mayor's Indus- trial Committee, composed of Gay- lord M. Couchman, Mayor, Joseph R. Voelker, Chairman of Dock Board, and Robert E. Dorothy, Manager of Dubuque Industrial Bureau have recommended to the City Council of Dubuque, Iowa, that the application to purchase certain real estate by Dubuque Packing Company for the purpose of trading same to another Du- buque business firm in order that both firms be allowed to expand their respective businesses; and WHEREAS, the City Council of Dubuque, Iowa, has examined said application and said recommenda- tion by the Mayor's Industrial Committee and find that the sale of said real estate should be ap- proved; and WHEREAS, said real estate sought to be purchased by the Du- buque Packing Company is de- scribed and known as: Lot 3, Riverfront Subdivision No. 4, containing spproximately 1.18 City of Dubuque retains a thir- ty foot (30) easement for sewer and water lines parallel to and westerly of the easterly prop. erty line of Lot 3 of Riverfront Subdivision No.4 where said lot fronts on Kerper Boulevard. F. That all utilities and services to Proposed buildings be con- nected at buyer's expense. G. That the Purchasers, or suc- cessors, to the property herein sold to the Dubuque Packing Company install and erect such buildings as are contemplated within twenty-four (24) months of date of acquisition and that such improvements shall be in- stalled and erected and shal1 be so designed so that as not to present an offensive appear- ance either in design or mater- ials that would detract from the general neighborhood. H. That Dubuque Packing Com- pany, by acceptance of convey- ance of the property herein- above described, covenants and egress that in the event the City of Dubuque should at any time with ten (10) years from the date of said conveyance require all or Part of the prop. erty that Duhuque Packing Company acquires in exchange for this property bereinahove described for any purpose for which said City has the right of eminent domain, then and in such event, Dubuque Pack- ing Company for itself, succes- sors and assigns, hereby agrees to reconvey Part or all of said property for the same price it has paid for said property, in- cluding costs of acquisition, surveys, platting, demolition, filling and landscaping, plus the fair market value of any improvements erected on said Property since tbe date of the conveyance of the hereinabove described property from the City of Dubuque, Iowa, together with a fair rate of return on such Price, costs and value of improvements, not to exceed an interest rate of six (6) per- cent on such amounts. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. 22 Special Session, January 17, 1972 Special Session, January 17, 1972 $7.00 which was paid as a permit fee to erect a sign which was not actually done as verified by the Building Department, presented and read. Mayor Moldenhauer moved approval of the request and directed the Auditor to issue prop- er warrant. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Petition of Michael Schuster re- questing rezoning of Lot 13 Block 2 West Side Manor Subdivision, lo- cated on the corner of Crestwood Drive and J. F. K. Road, presented and read. Councilman Bitter moved that the petition be referred to the Planning" Zoning Commis. sion. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhan.r, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Petition of Dubuque Savings" Loan Assn. filed by Attorney Leo A. McCarthy, requesting a curb-cut off J. F. K. Road for customer traf- fic prior to construction of a pro- posed facility, presented and read. Attorney McCarthy appealed to the Council in the hope of getting an answer one way or another for his client. He has been waiting since last November. Mayor Molden- hauer moved that the petition be referred to the Manager and Engi- neer for investigation and report. Seconded by Councilman Just- mann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. Petition of St. Joseph Mercy Hospital of Dubuque requesting rezoning of Lot 3 of M. L. 68 and Lot 1 of Sub. of M. L. 69 to per- mit operation of a pharmacy or apothecary, presented and read. Councilman Pregler moved that the petition be referred to the Planuing & Zoning Commission. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, acres, subject to existing ease- ments, in the City of Dubuque, Iowa NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the application of the Dubuque Packing Company to purchase a parcel of real estate in the City of Dubuque, Iowa, which real estate Is described and known as: Lat 3, Riverfront Subdivision No. 4 in the City of Dubuque, Iowa, containing approximately 1.18 acre,. subject to existing ease- ments be and the same is hereby ap- proved upon the following terms and conditions, to-'Wit: I A. That the real estate be sold to the Dubuque Packing Company for the purpose of trading same to another Dubuque business firm in order to allow both firm to expand their respective businesses. B. That the sale price for said real estate shall be twenty cents (.20) per square foot, or a total of $10,280.00, and the receipt of Two Thousand ($2,000.00) Dollars as down pay- ment is herewith acknowledged by the City of Dubuque. C. That the standard requirement requiring the building of a structure within one year from purchase be waived as to the Dubuque Packing Company by I virtue of the plans for trading of said real estate to another firm. However, said latter firm should be encouraged to con- struct a new building on the premises within one year from dote of purchase. D. That the construction of all buildings, yards, parking lots, fences and ancillary improve- ments shall be constructed in conformance with existing City codes, and manufacturing proc- esses carried out in accord with City ordinances. E. That the City of Duhuque, Iowa, retains a perpetual easement for existing waterlines, existing I sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. That in addition, the 23 $484,914.13, and shall be paid from General Obligations Bonds. Passed, adopted and approved this 17th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen 24 Special Session, January 17, 1972 Passed, approved and adopted this 17th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays-None. January 10, 1972 To the Honorable Mayor and City Council I am writing to inform you that the construction of tbe Fire DE>- partment Headquarters Building at Ninth and Central Avenue has been completed in accordance with the plans and specifications by the Conlon Construction Com- pany. The total cost of the facility's construction is $484,914.13. The facility has been inspected and approved by the Architect, Durrant, Deininger, Dommer, Kra- mer" Gordon, and I recommend the improvement be accepted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved to con- cur in the Manager's recommen- dation. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. FINAL ESTIMATE RESOLUTION NO. 20-72 WHEREAS, the contract for the Construction of the Fire Depart. ment Headquarters Building at Ninth and Central Avenue has been completed and the CIty En- gineer has submitted his final es- timate showing the cost thereof including the cost of estimates, notices, inspection, 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 Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. (A Resolution Accepting Improvement RESOLUTION NO. 21.72 WHEREAS, the contract for the Construction of the Fire Depart- ment Headquarters Building at Ninth and 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. BE IT FURTHER RESOLVED, that the City Tceasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of General Obligation bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percent- age provided for therein. Passed, adopted and approved this 17th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, January 17, 1972 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann Pregler, Thoms. Nays-None. RESOLUTION NO. 22.72 WHEREAS Kennedy Mall, Inc. and the City of Dubuque, Iowa have agreed concerning the terms of an Agreement between Kenne- dy Mall, Inc. and the CIty of Du- buque, Iowa for the location, main- tenance and installation of a CIvil Defense Warning Siren: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the terms of the Agreement between Kennedy Mall, Inc. and the City of Dubuque, Iowa ~ntt.~a~~:ti~~, 1n~~;Wi~ife:~ I Warning Siren he and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to eXE>- cute said Agreement for and on behalf of the CIty of Dubuque, Iowa. Passed, approved and adopted this 17th day of January, 1972. Wayne A Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 23-72 Authorizing the Publication of Notice of Sale of Project Notes (First Series 1972) and the Re- ceiving of Proposals for the Sale of Said Notes for the Down- to- Urban Renewel Project, Iowa R.15. 25 WHEREAs, under dste of July 26, 1967, the CIty of Dubuque en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, under date of Jan. uary 3, 1972, the Council of the City of Dubuque adopted Resolu- tion No. 7-72 authorizing to be is- sued, from time to time, Project Notes in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date of No- vember 22, 1971, the Council of the City of Dubuque authorized the issuance and sale of its Proj- ect Notes in the aggregate prin- cipal amount of $1,533,000 to fi- nance certain undertakings in con- nection with the Downtown Ur- ban Renewal Project, Iowa R-15; and WHEREAS, in order to refi- nance said outstanding Project Notes, it is necessary for the City of Dubuque to sell Project Notes (First Series 1972) totaling $1,588,- 000; n<>w therefore BE IT RESOLVED by the Coun- cil of the CIty of Dubuque, Iowa: Section I. That the City Clerk be and he is hereby authorized and directed to publish according to law "Notice of Sale - Project Notes" in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the City Clerk be and he is hereby authorized and directed to accept and tabu. late proposals for the sale of said notes and to send telegrams of acceptance to the low bidder or bidders all in accordance with in- structions covering such transac- toins as provided by the Depart- ment of Housing and Urban De- velopment, United States of Amer- ica. SecHon 3. That a meeting of the Council of the City of Dubuque shall be held after the bid opening date of February 8, 1972, to adopt such resolution or resolutions nec- essary for the consummation of the sale of Project Notes (First Series 1972) to the lowest bidder or bidders. Special Session, January 17, 1972 Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for public improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for construc- tion of Town Clock Plaza II, Down- town Urban Renewal Project Iowa R-15, Section I General Contract, presented and read. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for con- struction of Town Clock Plaza II, Downtown Urban Renewal Project Iowa R-15, Section II, Electrical Contract, presented and read. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Mayor Mol- denhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. 26 Passed, approved and adopted this 17th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" Notice of Sale-Prolect NoteS City of Dubuque, lowe Sealed proposals will be re- ceived by City of Dubuque, Iowa (herein called the "Local Issuing Agency") at Council Chambers, City Hall, 13th and Iowa in the City of Dubuque, State of Iowa, 52001, until, and publicly opened at, One o'clock P.M. (E.D.s.T.) on February 8, 1972, for the purchase of $1,588,000 of Project Notes (First Series 1972), being issued to aid in financing its project(s) as follows: Amount $1,588,000, Series First -1972, Maturity July 7, 1972. The Notes will be dated March 7, 1972, will be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the proposal or proposals accepted for the pur- chase of such Notes. All proposals for the purchase of said Notes shall be submitted in a form approved by the Local Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuing Agen- cy at the address indicated above. Detailed information with respect to the conditions of this sale may be obtained from the January 25, 1972 issue of The Daily Bond Buyer. City of Dubuque, Iowa By Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 24-72 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Mrs. Josephine Burke, 1445 Cen- tral Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Special Session, January 17, 1972 Passed, adopted and approved this 17th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt CIty Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 25-72 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 is- sued upon the compliance with the terms of the ordinances of the City. CLASS "c" BEER PERMiT John J. Heiderscheit, 1278 Cen- tral Avenue Passed, adopted and approved this 17th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays-None. RESOLUTION NO. 26-72 WHEREAS, applications for Beer permits were filed by the within named applicants and they have received the approval of the Council, and 27 WHEREAS, the premises to be occupied by snch 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 shall caUSe to be is. sued to the following named ap- plicants a Beer Permit. CLASS "c" BEER PERMIT John J. Heiderscheit, 1278 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 17th day of January, 1972. Wayne A Moldenhauer Mayor wÌ11ter A: Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman BItter moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmanl1, Pregler, Thoms. Nays-None. RESOLUTION NO. 27-72 WHEREAs, applications for Liq- uor permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 123--as amend- ed by the General Assembly, 1971. CLASS "c" COMMERCIAL BEER & LIQUOR LICENSE Mrs. Josephine Burke, 1445 Cen- tral Avenue Thomas Andresen, 1080 University Avenue Ursula Drake, 1097 Jackson Street Opportunity, Inc., 2255 John F. Kennedy- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. 28 Special Session, January 17, 1972 Passed, adopted and approved this 17th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt CIty Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 28.72 WHEREAS, applications for Liq- uor permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor permit. CLASS ØC" COMMERCIAL BEER & LIQUOR LICENSE Mrs. Josephine Bnrke, 1445 Cen- tral Avenue Thomas Andresen, lOBO University Avenue Ursula Drake, 1097 Jackson Street Opportunity, Inc., 2255 John F. Kennedy Passed, adopted and approved this 17th day of January, 1972. Wayne A Moldenhauer Jofayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt CiJ;y Clerlt Councilman Bitter mOved adop. Councilman Bitter moved that the Urban Renewal Director be instructed to make repayment in the amount of $1,787.50, which was a deposit amount made on the proposed purchase of Urban Re- newal land to the north of Kari- gan's Restaurant on 4th & Centrsl Ave. which offer of purchase has been withdrawn. Seconded by Ma- yor Moldenahuer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. Councilman Justmann moved that the Mayor assign a working party of four people to derive in- formation on the subject of sen- sible rehabilitation and preserva- tion of the City Hall, and to make a report to the Mayor and Chair- man of said working party he Councilman Bitter. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. Mr. Sheppley addressed the Council relative to the Dubuque Building. Communication of U. S. Department of the Ioterior, ad- dressed to Councilman Pregler relative to his inquiry concerning the National Register of Historical Places which is the official sched- ule of the nation's cultural prop- erty worth saving, stating that it would be desirable that rapport be established hetween City Officials and State Liaison Officer of the State, presented and read. Coun. cilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. Special Session, January 17, 1972 There being no further business upon motion the meeting ad- journed. Leo F. Frommelt City Clerk 29 Approved ......................................1972 Adopted ........................................1972 ............................................................ Councilmen Attest: ""'(iïÿ"Cï;;~k"""""""""""'" public notice given and the time and place fixed for the hearing of all objections to said plans, speci- fications or contract for or cost of such improvements, said time being this 24th day of January, 1972, and WHEREAS, the City Council met in special session this 24th day of January, 1972 at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested par. ties and considering any and all objections which have been filed to the proposed plans, specifica. tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par- ties have been given an opportun. ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provemenl Passed, adopted and approved this 24th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler C. Robert Justmann Allan T. Thoms Joseph J. Bitter Councilmen 30 Special Session, January 24, 1972 CITY COUNCIL OFFICIAL Special Session, Jenllary 24, 1972. Council met at 7:30 P.M. (C.s.T.) Pre..nt - Meyor Moldenhauer, Councilmen B i tte r, Justmann, Pregler, Thoms. City Manager Gil- bert D. Chavenelle. Mayor Moldenhauer read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of considering aword of controcts for construction of Town Clock Pia.. Phe.. II, both general end elecrtl. cal contracts, and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Councilman Bitter relative to formation of Committee System for Council members, presented and read. Ma. yor Moldenhauer moved that the communication be referred to the Mayor. Seconded by Councilman Justmann. Carried by the follaw- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Decision of Council upon oblec. tlons to plans, specifications, form of contract and cost of Improve- ments. RESOLUTION NO. 29.72 WHEREAS, proposed plans and specifications and form of con- tract for the construction of the Town Clock Plaza-Phase II, Down- town Urban Renewal Project Iowa R-15 in the City of Dubuque, Iowa. SECTION I - GENERAL CON- TRACT in the area of the proposed right-of-way of Main Street from the south limit of construction of Main Street Pedestrianway Phase I to the north curb line of Fifth Street and also the proposed right- of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for pur- pose of constructing Directories (Alternate) is also included, have been approved by the City Coun- cil of the City of Dubuque 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 Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Special Session, January 24, 1972 (Necessity For Improwment) RESOLUTION NO. 336-71 WHEREAS, proposed plans, specifications, and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among oth- er things the following: (1) The plan of such improve- ment. (2) An estimate of the cost of the improvement for the Town Clock Plaza-Phase II Downtown Urban Renewal Project Iawa R-15 in the City of Dubuque, Iowa. SECTION I - GENERAL CON- TRACT in the area of the proposed right-of-way of Main Street from the south limit of construction of Main Street Pedestrianway Phase I to the north curb line of Fifth Street and also the proposed right- of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small seg- ment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for purpose of constructing Directo- ries (Alternate) is also Included. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they I shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which bave been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from such funds of the City as may legally be used for such purposes. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of November, 1971. Approved and placed on file for final action. 31 Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Record of Final Adoption The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 24th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Counclman Bitter. Carried by the following vote: Yeas - Mayor MOldenhauer, Councilmen Bit t e r, Justmann, Pregler, Tboms. Nays-None. (Ordering Constrvction) RESOLUTION NO. 30-72 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolu- tion of Necessity No. 336-71 which was duly passed by this Council for the Town Clock Plaza-Phase II, Downtown Urban Renewal Project Iowa R-15 in the City of Dubuque, Iowa. SE7CTION 1- GENERAL CON- TRACT in the area of the pro- posed right-of-way of Main Street from the south limit of construc- tion of Main Street Pedestrianway Phase I to the north curb line of Fifth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small seg- ment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for purpose of constructing Direc- tories (Alternate) is also included. Be and same is hereby ordered constructed by this Council upon its own motion and with or without the petition of objectors. Ion Construction Company of Du- buque, Iowa. Their bid was 2.08% below the Engineer's Estimate. I recommend that the contract for the improvement be awarded to the Conlon Construction Com- pany contingent upon the concur- rence and approval of the contract by the Department of Housing and Urban Development. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed, and the recommendation be approved. Seconded by Mayor Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. (Awarding Contract) RESOLUTION NO. 31.72 WHEREAS, sealed proposals have been submitted by contrac- tors for the Town Clock Plaza, Phase II-General Contract, pur- suant to Resolution No. 337-71 and notice to bidders published in a newspaper published in said City on November 26, 1971 and Decem- ber 3, 1971; and WHEREAS, said sealed propos- als were opened and read on Jan- uary 6, 1972, and it has been de- termined that the bid of Conlon Construction Company of Dubuque, Iawa in the amount of $303,645.80 was the lowest bid for the furnish- ing 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 Conlon Construction Com- pany and the Manager he 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 un- successful bidders. Approved and placed on file for one week on January 24, 1972. Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Conncilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. NaYS-None. Decision of Council upon objec. tions to plans, specifications, form of contract end cost of improve- ments. RESOLUTION NO. 32.72 WHEREAS, proposed plans and specifications and form of contract for the Construction of the Town Clock Plaza-Phase II, Downtown Urban Renewal Project Iowa &-15 in the CIty of Dubuque, Iowa, I Section II-Electrical Contract, in the area of the proposed right-of- way of Main Street from the south limit of construction of Main Street Pedestrian way Phase I to the north curb line of Fifth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for pur- pose of constructing Directories (Alternate) is also included, have been approved by the City Council of the City of Dubuque and public notice given and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of I such improvements, said time be- ing this 24th day of January, 1972; and WHEREAS, the City Council met in special session this 24th day of January, 1972, at 7:30 o'clock P.M. at the Council Cham- bers in the CIty Hall for the pur- pose of hearing all interested par- ties and considering any and all objections which have been filed 32 Special Session, January 24, 1972 Special Session, January 24, 1972 33 All work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from such funds of the City as may legally be used for such purposes. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 24th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Invitation to Bid for construction of The Town Clock Plaza Phase II, Down- town Urban Renewal Project Iowa R-15, Section I, General Contract, presented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. January 24, 1972 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 AM., Thursday, January 6, 1972 for the Town Clock Plaza, Phase II-General Contract. The lowest bid for the Town Clock Plaza, Phase II - General Contract was entered by the Con- Passed and adopted this 24th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAs, all interested par- ties have been given an opportun- ity to be heard and all objections which have been duly weighed and COnsidered; now, therefore BE IT RESOLVED by the City Council of the CIty of Dubuque, that all objections which have been made and filed to the plans, specifications contract for or cost of said imp;"'vement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolntion containing the decision of this Council upon all objections which have been filed to the plans, sPecifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 24th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. (Necessity For Improvement) RESOLUTION NO. 339.71 WHEREAs, proposed plans, specifications, and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improve- ment. 34 Special Session, January 24, 1972 (2) An estimate of the cost of the improvement for the Town Clock Plaza-Phase II, Downtown Urban Renewal Project Iowa R-15 in the City of Dubuque, Iowa, Sec- tion II-Electrical Contract in the I area of the proposed right-of-way of Main Street from the south lim- it of construction of Main Street Pedestrianway Phase I to the north curb line of Fifth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for purpose of con- strucing Directories (Alternate) is also included. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and uuless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from such funds of the City as may legally be used for such purposes. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of November, 1971. Approved and placed on file for final action. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt CIty Clerk Record of Final Adoption The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 24th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann 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 Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. (Ordering Construction) RESOLUTION NO. 33-72 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolu- tion of Necessity No. 339-71 which was duly passed by this Council for the Town Clock Plaza-Phase II, Downtown Urban Renewal Project Iowa R-15 in the City of Dubuque, Iowa, Section II-Elec- trical Contract in the area of the proposed right-of-way of Main Street from the south limit of con- struction of Main Street Pedes- triauway Phase I to the north curb line of Fifth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for purpose of con- structing Directories (Alternate) is also included. Be and same is herehy ordered constructed by this Council upon its own motion and with or with- out the petition of objectors. All work shall be constructed in accordance with the plans and spe- cifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement he paid from such funds of the City as may legally be used for such purposes. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- Special Session, January 24, 1972 35 fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 24th day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert JUstmann Josepb 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 Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Tboms. Nays-None. Proof of Publication, certified to by the Publisher, of Iovitation to Bid for the construction of the Downtown Clock Plaza, Phase II, Downtown Urban Renewal Project Iowa R-15 Section II, Electrical Contract, presented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. January 24, 1972 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 A.M., Thursday, January 6, 1972 for the Town Clock Plaza, Phase II-Electrical Contract. The lowest bid for the Town Clock Plaza, Phase II-Electrical Contract was entered by Paulson Electric Company of Dubuque, Iowa. Their bid Was 8.50% below the Engineer's Estimate. I recommend that the contract for the improvement be awarded to Paulson Electric Company con- tingent upon the concurrence and approval of the contract by the De- partment of Housing and U~ban Development. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed, and the recommendation ap- proved. Seconded by Mayor Mol- denhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. (Awarding Contract) RESOLUTION NO. 34-72 WHEREAS, sealed proposals have been submitted by contractors for the Town Clock Plaza, Phase IT -Electrical Contract pursuant to Resolution No. 340-71 and notice to bidders in a newspaper pub- lished in said CIty on November 26, 1971 and December 3, 1971; and WHEREAs, said sealed propos- als were opened and read on Jan- uary 6, 1972, and it has been de- termined that the bid of Paulson Electric Company of Dubuque, Iowa in the amount of $62,282.38 was the lowest bid for the furnish. Ing 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 Paulson Electric Company of Dubuque and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance 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 Tceasurer is authorized and instructed to retorn the bid deposits of the unsuccess- ful bidders. Approved and placed on file for one week on January 24, 1972. Passed and adopted this 24th day of January, 1972. Wayne A Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmsnn Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Moldenhauer moved adop- tion of the resolution. Seconded by Specia! Session, Jannary 31, 1972 36 Specia! Session, Jannary 24, 1972 OFFICIAL Specie' Session, Janvery 31, 1972. Council met at 7:30 P.M, (C.S.T.) Present - Mayor Moldenhaver, Councilmen Bit to r, Justmenn, Pregler, Thoms. City Ma_r Gil. bert D. Chev_IIe. Mayor Moldenhauer read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of Levying Special Assessments To Pay for Cost of Constructing City of Dubuque 1971 Concrete Curb & Gutter Project No. I and 1971 A.. phalt Paving Project No. I, and also acting upon such other busi. ness as may properly Come before a regular meeting of the Council. Mayor Moldenhauer submitted the name of Arthur Roling of 1293 Blaekhawk Drive to replace Rich. ard Ludwig on the Dubuque Advis- ory Commission to June 1, 1972. Councilman Thoms moved affirma- tion of the appointment. Seconded by Councilman Justmann. Carried by the following vote: I Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council ü they so desire. Seconded by Councilmen Bitter. Carried by the following vote: Yeas - Mayor MoldenhaUer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. Mrs. Russell Nash addressed the Council on behalf of the Dubuque Historical Society indicating a shar- ing of local artists in the design of the mall. Communication of Church Wom- en United in the Dubuque Area going on record as supporting the project of a housing unit for the elderly in the Downtown area of Dubuque, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Molden- hauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilman Thoms. Carried by the fOllowing vote: Yeas - Mayor Moldenhauer, I Approved ........................_.............1972 Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None- I Adopted ........................................1972 Communication of Mayor Mol- denhauer submitting a copy of the Attorney General's opinion on the question of whether there was a eonflict of interest in the ease of Councilman Thoms voting on a propoaal of Ecumenical Housing Inc., presented and read. Council- man Pregler moved that the com- munication be received and filed. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhaner, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Councilman Pregler moved that :.~:.::~~ ~7n~:~t:e I Attest: """""""'cÎiY"ë¡;;;k"""""""" first meeting in February. Second- ed by Councilman Justmann. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. There being no further hosiness Councilman Pregler moved to ad- journ. Seconded by Councilman Bitter. Carried by the fOllowing vote: Yeas - Mayor Moldenhauer, Conncilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. CITY COUNCIL ........................."............................... Councilmen Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. Communication of Ontreach Committee of Westminster regis- tering support of the Ecumenieal Housing Ine. grOUp to make land available in the Urban Renewal area, presented and read. Council- man Pregler moved that the com- munication be received and filed. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhaner, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays--None. Communication of Dubuque Homeowners" Landlords Assn. requesting an investigation into the actions of Urban Renewal Di- rector Gent Wittenberg in regard to his failure to apply for leased honsing funds under Title 23 from HUD, presented and read. Council- man Justmann moved to receive and file the commnnication and re- fer to the Council meeting of Feb- ruary 7th. Seconded by Conncil- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. Communication of Dubuqne Art Association endorsing the Five Flags Civic Center Project and suggesting to include qualified Du- buque mists to assist in planning the Civic Center environment, pre- sented and read. Mayor Molden- hauer moved that the communica- tion be referred to the Manager and staff for investigation and re- port. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Moldenhauer, CouQcilmen Bitter, Justmann, Pregler, Thoms. Nays-None. Mayor Moldenhauer's weekly re- port letter of January 23rd and 30th, presented for the record. Councilman Pregler moved that the report letters be received and filed. Seconded by Mayor Molden- hauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. :r¡ of a second. Councilman Pregler moved that the curb-cut be ap- proved and the Solicitor be author- ized to insure conformity to the Ordinance. Seconded by Council- man Thoms. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. January 27, 1972 To the Honorable Mayor and City Council It is recommended that we re- place eighteen (18) incandescent lights with 175 mercury vapor lights On Pennsylvania Avenue from University Avenue to John F. Kennedy Road. This recommendation is being made to improve the very poor street lighting along this area. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Bitter moved ap- I proval of the Manager's recommen- dation. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. January 23, 1972 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor and Health De- partment, as well as a list of Claims, for the month of Decem- ber 1971, also Tceasurer's report. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. Communication of Milton Kapp registering a complaint as to the handling of his car damage claim filed in November 1971, presented and read. After complete disclos- ure of the handling of the claim up to the present time submitted I by the City Attorney Councilman Pregler moved that the communi- cation be received and filed. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of City Attorney Russo submitting an opinion that Councilman Bitter is not in a po. 38 Special Session, January 31, 1972 Special Session, January 31, 1972 Communication of Plumbers and Steamfitters Local #66 endorsing the aim of the Ecumenical Hous- ing Project for the elderly at 6th & Locust Street, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Ma- yor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of King Heer submitting his resignation as a member of the Low-Rent Housing Commission,' presented and read. Councilman Bitter moved to accept the resignation with regret and re- quested the Mayor to send a let. ter of appreciation for services rendered. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Low-Rent Housing Commission submitting minutes of their meeting held on January 18, 1972, presented and read. Councilman Pregler moved that the communication be re- ceived and filòd. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Leo A. Me- Carthy, attorney, requesting re- view and consideration for curb- cut application in behalf of Du- buque Savings and Loan Ass'n on J. F. K. Road, presented and read. Attorney McCarthy addressed the Council by stating that a title question concerns the Savings & Loan Assn. as to acquiring the property on J. F. K. Road. What they are really concerned about is whether or not the Link property lends itself to access from J. F. K. Road entrance. It is then up to them to decide whether this sight is available to the Dubuque Build- ing & Loan Ass'n. Councilman Bitter moved to table the matter to go look at the property. The motion died for lack January 23, 1972 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pr0- posal to vacate a portion of John- son Street between Lincoln and Providence Street and also the al- ley extending from the 2100 block of Johnson Street northeasterly to Lots 60 and 81 in Cook's Addition in the City of Dubuque, Iowa. The Connnission has found that vacation of Johnson Street and the alley, as described above, would be consistent with the general plan for the area, provided that all properties be acquired that depend on Johnson Street for access and that easements be provided for all necessary utilities. It is the recommendation of the Commission that the property, as described, be vacated subject to the conditions listed above. Respectfully submitted, City Planning and Zoning Connnission Don Gilson City Planner Councilman Justmann moved that the recommnedation be re- ferred for proper proceedings. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Printed Council proceedings for the months of October and Novem- ber 1971, presented for approval. Councilman Pregler moved that the proceedings for the months of October and November 1971 be ap- proved as printed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Juslmann, Pregler, Thoms. Nays-None. sition to have conflicts of interest by reason of his ownership in real estate as to preclude him voting on Ecumenical Housing petition, presented and read. Councilman Pregler moved that the communi- cation be received and filed. Sec- onded by Mayor Moldenhauer. Car- ried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. January 18, 1972 Honorable Mayor and City Council Gentlemen: On December 2, 1971, Oscar G. Huebsch of 1554 Parkway, this city, filed claim against the City of Dubuque in the amount of $148.00 and alleging said damages occurred to his basement and fur- nishings stored there on Novem- ber 23, 1971 as the result of a sew- er back up. This matter Was referred to the appropriate CIty Agency who made an investigation of said matter and reported by letter on January 18, 1972 of no liability on the part of the City of Dubuque, and in view of the foregOing, it is the recom- mendation of the City Attorney that the claim of Oscar G. Huebsch be denied. Original claim is returned here- with. Respectfully sUbmitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by COuncilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. NaYs-None. January 17, 1972 Honorable Mayor and City Council On or about November 5, 1970, Alberta Kunkel filed an action against the City of Dubuque in the District Court of Iowa, in and for DUbuque County, claiming dam- ages in the amount of $25,000.00 claiming tbat on November 24, 1969 at approximately 9:20 P.M. she fell on the public sidewalk abutting 1610 Jackson Street and claiming a defective condition 39 Yeas - Mayor Moldenhauer, Councilmen B i it e r, Justmann, Pregler, Thoms. Nays-None. Notice of claim of Mrs. Ronald Loney, in an undetermined amount, for personal injuries received in a fall on Kaufmann Ave. side of Paul Friedman residence, 2395 Carter Road, (no date given), presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen B i it e r, Justmann, Pregler, Thoms. Nays-None. Notice of Claim of State Auto- mobile and Casualty Underwriters in the amount of $41.93, for per- sonal injuries incurred ,by Carl Fluhr while in the employ of Kin- niry Office Equipment Co. on De- cember 2, 1971, presented and read. Councilman Pregler moved that the notice be referred to the CIty Solicitor for investigation and report. Seconded by Mayor Molden- hauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays-None. Notice of claim of Marion Fisch- er, in and undetermined amount, for sidewalk damage incurred on November 29th or 30th during a snow plow operation in front of 692-94 W. 5th Street, presented and read. Councilman Pregler moved that the notice he referred to the City Solicitor for investiga- tion and report. Seconded by Ma- yor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen B i it e r, Justmann, Pregler, Thoms. Nays-None. Notice of claim of St. Regis Pa- per Co., in the amount of $447.88 for expense incurred as the result of cleaning a backed-up sanitary sewer at 2150 Kerper Blvd. on Oc- tober 19, 1971, presented and read. Councilman Pregler moved that the Notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Moldenhauer. lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Notice of Suit of Robert" Livija Klauer, in the amount of $710.80 for property damage incurred as the result of a tree limb falling on their dwelling at 687 Needham Place on July 15, 1970, presented and read. Councilman Pregler moved that the notice be referred to the City Attorney for investiga- tion and report. Seconded by Ma- yor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. 40 Special Session, January 31, 1972 thereat and as a result of which, I she fell and fractured her arm in several places requiring her hos- pitalization, as well as, consider- able healing period and medical attention. This matter was sched- uled for trial on January 10, 1972 and immediately prior thereto, plaintiff made an offer of settle- ment in the amount of $6,000.00. It is the recommendation of the City Attorney that said offer be accepted, it being agreed by the City and the plaintiff that the sum of $2,500.00 be paid forthwith and the balance of the City's share in the amount of $3,000.00 be secured by Confession of Judgment with legal interest and same payable in 1973. It is anticipated that of the sum of $6,000.00, the abutting own- ers shall contribute the sum of $500.00. According to medical reports, the plaintiff snffered ten to fif- teen percent functional loss as permanent disability to the said limb. It is recommended that the City Auditor he instructed to draw war- rant payable to Alberta Kunkel in the amount of $2,500.00 and trans- mit same to the City Attorney for delivery of releases and Dismissal with Prejudice and that the City Auditor cause the sum of $3,000.00 to be paid on January 3, 1973 which $3,000.00 shall bear inter- est at the rate of five percent (5%) and that the CIty Auditor be instructed to pay the Clerk of Court the sum of $13.65 represent- ing one-half of court costs. I am enclosing copy of the re- port of Dr. Paul B. Skelly, as well as copy of bill of Medical Asso- ciates ($805.00), copy of bills of Xavier Hospital (11/24/69 - $752.50) (2/10/70-$473.50) (4/13/ 70 - $240.10), all in the total amount of $2,071.10, and I am also enclosing photograph of the al- leged defect. I am herewith returning copy of Original Notice with Petition and copy of Notice of Claim attached. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Thoms. Carried by the following vote: Special Session, January 31, 1972 Carried by the fol- 41 Resolution and Application For Approval of the Perll1ðnent Transfer of Funds RESOLUTION NO. 35.72 WHEREAs, there is now in the hands of the treasurer the sum of $6,342.00, credited to the General fund, and WHEREAS, it is desired to trans- fer $6,342_00 from the General Fond to the following Funds for the following reasons: Sanitation Fond, $1,800.00 to pro- vide Available Cash Funds. Tort Liability Fund, $554.00, to provide for 1971 Cash deficit. Trust & Agency Fond, 53,980.00, to provide for Deficit in 1972 Es- timated Unencumbered Balance. and WHEREAs, said transfer is to be permanent in accordance with Sec- tion 24.22, Code of Iowa, and WHEREAs, there is sufficient ORDINANCE NO. 5-72 money in the General Fund to meet An Ordinance AII1ðnding the all demands thereon, and Budget as Approved by Ordi. WHEREAS, all laws relating to nan- No 1.72 presented and municipalities have been complied .. . , with, read. NOW THEREFORE, be it re- Mayor Moldenhauer move? that I d b th C't C uncil of Du- the reading just had be consIdered so ve Y e I y a the first reading of the Ordinance. buq~e of Dubuque County, Iowa, Seconded by Councilman Bitter. subject to the approval ?i the Carr.oct b the following vote: State Appeal Board, that saId su';D 1 Y of $6,342.00 be, and the same IS Yeas - Mayor Moldenhauer, hereby transferred from the Gen- CouncIlmen BIt t e r, Justmann, eral Funds to the Sanitation Fund, Pregler, Thoms. Tort Liability Fond, Trust & Nays-None. Agency Fond, and the Auditor is directed to correct his books ac- Mayor Mold~n.hauer move? that cordingly and to notify the treas- the role reqUlnng an OrdInance urer of this transfer, accompany- to be read on three separate da~s ing the notification with a copy of be waIved. Seconded by CouncIl- this resolution and the record of man Bitter. Carried by the follow- its adoption. The vote thereon was ing vote: as follows: Yeas - Mayor Moldenhauer, Ayes - Wayne A. Moldenhauer, Councilmen Bit t e r, Justmann, Mayor, Joseph J. Bitter, C. Robert Pregler, Thoms. Justmann, Walter A. Pregler, AI. Nays-None. Ian T. Thoms, Councilmen. Nays-None. Wayne A. Moldenhauer Presiding Officer Leo F. Frommelt Secretarial officer I bereby certify the above to be a true and correct copy of resolu- tion passed by the City Council on the 31st day of January, A.D. 1972. Leo F. Frommelt Secretarial officer APPROVAL The above application and reso- lution having been filed with the Mayor Moldenhauer moved that a public hearing be held on the Ordinance on February 14, 1972 in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Moldeuhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. NaYs-None. Proofs of Publication, certified to by the Publishers, of notice of levy of special assessment and in- tention of the City Council to is- sue bonds to pay for the cost of improvement of City of Dubuque 1971 Concrete Curb" Gutter Pro- streets: 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 intersection of Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the alley west of Central Avenue. 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 N.P.L. of Fourth Street to S.P.L. of Fifth Street - east side only. presented and read. Mayor Mol- dehauer moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Statement of City Clerk certify- ing that notices of levy were mailed by certified mail on De- cember 27, 1971, to property own- ers of record subject to payment of assessments to pay for cost of City of Dubuque 1971 Concrete Curb & Gutter Project No.1, pre- sented and read. Mayor Molden. hauer moved that the statement be received and filed. Seconded by Councihnan Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays-None. Statement of John Splinter, a member of the Engineering Depart- ment, certifying that notices of levy were posted in the assessable area of 1971 Concrete Curb & Gut- ter Project No. I on January 10, 1972, presented and read. Mayor Moldenhauer moved that the state- ment be recieved and filed. Sec. 42 Special Session, January 31, 1972 State Appeal Board, the transfer requested is approved this 3rd day of February, 1972. Maurice E. Baringer Chairman State Appeal Board By Francis R. Larew Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Petition of Attorney Alfred E. Hughes, representing John Heider- scheit, requesting reconsideration relative to the property owners ap- plication for sewer and water con- nections to Lots 90 and 91 Linehan Park Addn., outside the city limits, presented and read. Councilman Pregler moved that the petition be referred to the Meeting of Feb- ruary 28th and Mr. Hughes and Mr. Heiderscheit be notified. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councihnen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Petition of Wayne Motor Sales requesting purchase of property directly south of their line fence on Lot 2 of Sub. of Lot 2 of Sears Roebuck Sub., presented and read. Councilman Pregler moved that the petition be referred to the Manager and staff for investiga- tion and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas -Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Petition of Lorraine Gordon re- questing a refund of $250. on the unexpired portion of Liquor li- cense No. C-2137, presented and read. Councilman Pregler moved approval of the refund and the Auditor instructed to issue proper warrant. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councihnen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Special Session, January 31, 1972 onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler Tboms. Nays - None. RESOLUTION No. 36-72 Schedule of Assessments RESOLVED by the City Council of the CIty of Dubuque, Iowa: That to pay for construction of CITY of DUBUQUE 1971 CONCRETE CURB " GUTI'ER PROJECT No.1 on the following named streets: 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 intersection of Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the alley west of Central Avenue. 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 N.P.L. of Fourth Street to S.P.L. of Fifth Street - east side only. by Tri-State Paving Co., contrac- tor in front of and adjoining the same, a special tax be and is here- by 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: THE CITY OF DUBUQUE 1971 CONCRETE CURB AND GUTTER PROJECT NO. I Asses. Share City Sha.. Prol. Tot. Construction Cost: $25,576.46 $111,041.50 $136,617.96 10% Engineering Expense: $ 2,557.65 $ 3,969.37 $ 6,527.02 5% Interest/52 Days: $ 184.72 0 184.72 Carry Over: $ 5,000.00 $ 5,000.00 'Lester Hilby, Lot l-I-I-E. ,",-8.W.\4, Sec. 16 T89N R2E ...................................... 'Church of the Resurrec- tion, Inc., Lot 1-1.2-E.,",- S.W.\4, Sec. 16 T89N R2E 'Church of the Resurrec- tion, Inc., Lot 1-2-1-I-S.W. ¥4-S.W.¥4, Sec. 16 T39N R2E ...................................... 'Fred and Marie J. Welter, Lot 1-1-1-1-1-8.W.\4-8.W.\4 Sec. 16 T89N R2E """""" 'Donald J. & Maxine A' Roussel, Lot 1-2-1-8.W.\4- S.W.\4, Sec. 16 T89N R2E 'Fischer Investment Co., Lot 1-1-2-S.W.\4.S.W.\4, Sec. 16 T89N R2E """""" 'Kenneth L. " Donna J. Smith, Lot 1-1-2-3-S.W.\4- S.W.\4, Sec. 16 T89N R2E 'Kenneth L. " Donna J. Smith, Lot S.34'-2-2-3-S.W. \4-S.W.\4, Sec. 16 T89N R2E ...................................... 'Kenneth L. " Donna J. Smith, Lot N.66'-2-2-3-S.W. ¥4-S.W.¥4 Sec. 16 T89N R2E ...................................... 'Burton T. & Eunice Lewis, Lot l-I-I-3-S.W.\4-S.W.¥4 Sec. 16 T89N R2E """""" 'Anthony C. " Louis H. Pfohl Trustees under the Will ~f Margaret Pfohl, Lot 1, N.W.\4-N.W.\4 Sec. 21 T89N R2E ...................... 'Anthony C. " Louis H. Pfobl, Trustees under the will of Margaret Pfohl, Lot I-I-N.E.¥4-N,W.¥4 Sec. 21 T89N R2E """""""""" 'Anthony C. & Louis H. Pfohl, Trustees under the will of Margaret Pfohl, Lot 2-N.E.\4-N.W.¥4 Sec. 21 T89N R2E .................... Thomas B. Roshek, Lot 2-1- W.,",-N.E.\4 Sec. 21 T89N R2E 184.72 --- Total Cost: $28,318.83 $120,010.87 $148,329.70 Asbury Roed from the W.P.L. of Lot 1.1.1 of Asbury Park; West to Corporation Limits. Tho",", B. Rosnek, Lot S.'"', Klneral Lot 453 ................$ 28.49 $ 32.12 'City of Dubuque to pay assess- ment in exchange for property and easements acquired. Lester Hilby, Lot l-I-I-E.*,- S.W.¥4 Sec. 16 T89N R2E ............................................ 5,403.40 Church of the Re'urrection, Inc., Lot l-l-2-E.,",-8.W.% Sec. 16 T89N R2E """"""" 148.56 43 - 0 0 0 0 0 0 0 0 0 0 0 3.63 Church of the Resurrection, Inc., Lot 1-2-1-1-S.W.14- s.W. '4 Sec. 16 T89N R2E ....................................1,888.81 Fred and Marie J. Welter, Lot 1-1-1.1-1-S.W.'. - S.W. 'I. Sec. 16 T89N R2E _.....2,350.33 Donald J. & Manne R. Rous- sel, Lotl-2-1-S.W. 14 - S. W. '" Sec. 16 T89N R2E ........ 83U8 Fischer Investment Co_, Lot 1-1-2-S_W.V. - S.W.\io. Sec. 16 T89N R2E """"""""""" 156.68 Kenneth L. " Donna J. Smith, Lot 1-1-2-3-S.W.'.- S.W.'4 Sec. 16 T89N R2E 498.04 Kenneth L. &0 Dnnna J. Smitb, Lot S.34'-2-2-3-SW. 'I. - s.W.'. Sec. 16 T89N R2E ...................................... 38.63 Kenneth L. " Donna J. Smith, Lot N.66'-2-2-3-S.W- ~-S.W-% Sec. 16 T89N R2E ...........................-.....-.... 37.58 Burton T. & Eunice Lewis, Lot 1-1.1-3-S.W.'4-S.W.'. Sec. 16 T89N R2E .............. 309.33 Anthony C. & Louis H. Pfohl, Trustees under the will of Margaret Pfohl, Lot I-N.W.'!.-N.W.V., Sec. 21 T89N R2E ....................5,942.82 Antbony C. " Louis H. Pfohl, Trustees under the will of Margaret Pfohl, Lot I-1-N.E.% - N.W.'!. Sec. 21T89N R2E ..........5,929.34 Anthony C. " Lonis H. Pfohl, Trustees under the will of Margaret Pfohl, Lot :!-N.E.'!.-N.W.'!. See. 21 T89N R2E .................... 364.35 23,934.47 All of which is assessed in pro- portion to the special benefits conferred. 5,244 Cu. yds. Excavation (Unclassified) @ 1.50 .... 7,866.00 12,669 Cu.yds. Fill @ 1.50 19,003.50 5,165.6 Lin.ft. Combination Curb and Gutter TYpe "A" @ 3.55 ....."...............18,337.88 53.2 Sq.yds. Driveways @ 9.00 ......"............................ 478.30 3,828 Un.ft. Fence Re- move and Replace @ 1.65 ",,""""""""""""""" 6,316.20 167 Lin.ft. 24" Corrugated Culvert Pipe Removal @ 1.00 .............................. 167.00 84.7 Un.ft. 42" Corrugat- ed Culvert Pipe Remov- al @ 2_00 ........................ 169.40 Special Session, January 31, 1002 2 No. of Concrete Collars @ 300.00 .......................... 600.00 88 Un.ft- 60" RC.C.P. 2000 D "0" Ring Joints, incl. Flared End Sections @ 67.00 ................................ 5,896-00 166 Lin.ft. 42" RC.C.P. 2000 D "0" Ring Joints, incl. Flared End Sec- tions @ 36.00 ................ 5,976.00 204.5 Un.ft. 24" RC.C.P. 2000 D "0" Ring Joints, incl. Flared End Sec- tions @ 17.00 ................ 3,476.50 4 No. of Catch Basins, Sin- gle - Type 101 "A-A" @ 700.00 .......................... 2,800.00 2 No. of Remove "Wing. wall - Headwall - Apron" Unit @ 500.00 ..-........... 1,000.00 53.5 Lin.ft. Clean Existing 5' x 5' Box Culvert @ 8.00 .................................. 428.00 1 No. of Manhole Base @ 75.00 .........................-...... 75.00 13.7 Lin.ft. Manhole Side- wall, Height in Feet @ 30.00 ........_----..................... 411.00 1 No. of Manhole Ring and Cover @ 65.00 """" 65.00 11 No. of 3"-6" Tcee Re- moval @ 15.00 .............. 165.00 2 No. of 6"-9" Tree Re- moval @ 25.00 "-""""'" 50.00 1 No. of 12"-15" Tcee Re- moval @ 50.00 .............. 50.00 2 No. of 15"-18" Tree Re- moval @ 75.00 .............. 150.00 1 No. of 18"-24" Tcee Re- moval @ 200.00 ............ 200.00 1 No. of 24"-30" Tree Re- moval @ 225.00 .............. 225.00 LUMP Exira Work .......... 951.02 Total Construction Cost ....74.857 30 City Share ..........................53,240.62 Assessable Share ..............21,616.68 10% Engineering Expense 2,161.67 5% Interest/52 days ........ 156.12 Tot. Assessable Amount....23,934.47 Hamilton Street exteMlon 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. William C. Brown Publisb- ers, Lot 1-1-1, Block 5, River Front Sub. No.3.. 1,614.86 William C. Brown Publish- ers, Lot 1-2-1, Block 5, River Front Sub. No.3.. 57'1.32 44 Special Session, January 31, 1972 The Eska Company, Lot 3-1, Block 5, River Front Sub. No.3...................... 2,122.31 The Eska Company, Lot 2, Block 5, River Front Snb. No.3 """"'- 69.87 4,384.36 *1636 cu.yd. Excavation (unclassified) @ 1.50 .... 2,454.00 816.6 lin.ft. Combination Curb and Gntter @ 3.55 2,398.93 70.5 lin.ft. Combination Curb and Gutter @ 3.70 260.85 *93 !in.f!. 15" RC.C.P. 2000 D "0" Ring Joints @ 10.00 """"""""""""" 930.00 2 no. of Catch Basins, Sin- gle-Type 101 @ 400.00 800.00 Total Construction Cost.... 7,343.78 *City Share """"""""""""" 3,384.00 3,959.78 10% Engineering Expense 395.98 5% Interes!---52 days ...... 28.60 Total Assessable Amt. ...... 4,384.36 All of which is assessed in pro- portion to special benefits con- ferred. Passed, adopted and approved this 31st day of January 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Proofs of Publication, certified to by tbe Publishers, of Official Notice of public hearing to consid- er proposal to authorize the issu- ance of $4,416.48 street improve- mentbonds to pay for assessed cost of constructing CITY OF DU- BUQUE 1971 CONCRETE CURB AND GUTTER PROJECT No.1, presented and read. Councilman Pregler moved tbat the proof of publication be re- ceived and filed. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer Councilmen Bitter, Justmann, Preg: ler, Thoms. NaYS-None. RESOLUTION NO. 37-72 Resolution providing for the Is. SUance of Street Improvement bonds for the porpose of provid- ing for the payment of the assessed ~ of the City of Dubuque 1971 Conerete Curb & Gutter Proiecf No. ,. Whereas the contraet heretnfore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has been completed and llIe CIty Manager has certified tbe completion there- of to the City Couucil and the City Council has ascertained tbe cost thereof and has determined that $4,416.48 Dollars of the cost there- of shall be asseSSed agMnst the property subject to assessment therefor; and Whereas public notice, as pr0- vided by law, has been publisbed by the City Clerk stating the inten- tion of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made tbereto have been con- sidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Duhuque: I. That to provide fOr the pay- ment of the assessed cost of the City of Dubuque 1971 Concrete Curb & Gutter Project No.1 con- sisting of the following named streets: 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 St. 3. Dodge Street-Widening at in- tersection of Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the alley west of Central Avenue. 45 of this bond are payable at the of- fice of the City Tceasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by vir- tue of Chapter 396 of the 1971 Code of Iowa, as amended, and the Resolution of said City duly passed on the 31st day of January, 1972, being Resolution No. 37-72. This Bond is one of a series of 8 bonds, all for $500.00 numbered from 1920 through 1927, all Of like tenor and date, and issued for the purpose of providing for the pay- ment of the City of Dubuque 1971 Concrete Curb" Gutter Project No.1 consisting of the following named streets: 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 St. 3. Dodge Street-Widening at intersection of Bryant Street. 4. Eigbth Street Service Drive from the W.P.L. of Central to the alley west of Central Avenue. 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 N.P.L. of Fourth Street to S.P.L. of Fifth Street_ast side only. as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1289 created by the collection of said special tax, and said fund can be used for no otber 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 regnlar and due form, as required by law and said Resolution, and for the assessment, collection and payment of said special tax, the full faith and diligence of said City of Du- buque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and counter-signed by its 46 Special Session, January 31, 1972 5. Hamilton Street extension I 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. Locuse Street from N.P.L. of Fourth Street to S.P.L. of Fifth Street-ast side only. There shall be issued street im- provement bonds in the amount of $4,000.00 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called street improvement bonds; and shall bear the date of March 2, 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 Denom- Maturity No. No. ination 1 NONE NONE Apr. 1,1972 2 NONE NONE Apr. 1, 1973 3 1920 $500.00 Apr. 1, 1974 4 1921 $500.00 Apr. 1, 1975 5 1922 $500.00 Apr.l, 1976 6 1923 $500.00 Apr. 1, 1977 7 1924 $500-00 Apr. 1, 1978 8 1925 $500.00 Apr. 1,1979 9 1926 $500.00 Apr. 1, 1980 10 1927 $500.00 Apr. I, 1981 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semi-annually 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 Dubukue and shall be in substan- tially the following form: No. ........................................................ Series No. City of Dubuque Street Improvement Bond The City of Dubuque in the state of Iowa promises to pay as herein- after mentioned to the bearer hereof, the sum of five bundred dollars with interest thereon at the rate of seven per cent per an- num, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and interest Special Session, January 31, 1972 47 City Clerk and the Seal of said City to be thereto affixed, this 2nd day of March, 1972. (SEAL) """"""""""¡¡:;;ÿö~"""""""""""""'" ............................................................ 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' interest due that date on its ..=.. Bond No- """"" dated """""""'" """"""""""¡¡:;Ÿö~"""""""""""""'" ............................................................ CIty Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared 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 purpose and to then deliv- er them to the CIty Tceasurer. 7. That the City Tceasurer 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 1289 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 fac- simile signature of the City Clerk. 9. That as fast as funds allow, heginning with the second year af- ter the payment of interest due, the City Tceasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds sball be given by reg- ular United States mail addressed to the last known address of the purchaser. Passed, adopted and approved this 31st day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenahuer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None Proofs of Publication, certified to by the Publishers, of Notice of Levy of special assessment and in- tention of the City Council to issue bonds to pay for construction of CITY OF DUBUQUE 1971 AS- PHALT PAVING PROJECT NO.1, EXCEPT ASBURY, on the follow- ing named streets, presented and read. 1. Central Avenue from the N. P.L. of Ninth Street to the S.P.L. of Fourth Street. 2. Eagle Point Park-Roadway. 3. Eighth Street Service Drive from the W.P.L. of Central Ave- nUe to the alley west of Central Avenue. 4. Hamilton Street Extension from the E.P.L. of Kerper Blvd. to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No.3. 5. Lores Blvd. from W.P.L. of Walnut Street to E.P.L. of Univer- sity Avenue. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Statement of City Clerk certify- ing that notices of levy were mailed by certified mail on De- cember 27, 1971 to property own- ers of record subject to assessment to pay for cost of constructing City of Dubuque 1971 Asphalt Pav- ing Project No.1, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Mayor Molden- 48 Remainöng Central Avenue flOm the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. Hamilton Street Extension fn>m 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 Univer. sity Avenue. Construction Cost: Assessable Share. $112,193.55; City Share, $89,611.19; State Share, $13,033.75; Project Total, $214,838.49. 10% Engineering Expense: As- sessable Share, $11,219.36; City Share, $6,466.74; State Share, 0; Project Total, $17,686.10. 5% Interest/52 days: Assessable Share, $810-29; City Share, 0; State Share, 0; Project Total, $810.29. Sub-total Cost: Assessable Share, $124,223.20; City Share, $96,077.93; State Share, $13,033.75; Project Total, $233,334.88. CIty Porlion of Assessed Cost, City Lots, Assessable share, City Share $3,698.38; Assessable share, City Share $967.25. Total Assessed to Private Prop. erty: Assessable Share, $119,557.57; CIty Share, $100,743.56 (Total City Cost); State Share, $13,033.75; Project Total, $233,334.33. Central Ayenve from the N.P.L. of Ninth Street to tile S.P.L. of Fourth Street. Anthony Rhomberg, Lot. S. 'A.-303, Original Town of Dubuque """"""""'...."....... 65.86 The Aspermont Company, Lot N.'A.-303, Original Town of Dubuque ............ 68.43 The Aspermont Company, Lot 301, Original Town of Dubuque """""""""'........' 139.75 Paul E. & Lavonne Eisbach, Lot 301, Original Town of Dubuque ""...........-............ 139.75 Paul E. & Lavonne Eisbach, Lot 300, Original Town of Dubuque ............................ 139.75 Frank A. Flucklnger, Lot 299, Original Town of Du- buque """"""""""""""""" 139.75 Linnie E. Dunbar Squire, Lot S.W.25'-298, Original Town of Dubuque .............. 67.59 Finley Hospital, Lot N.26'7", 298, Original Town of Du- buque .................................. 71.65 Finley Hospital, Lot 297, Original Town of Du- buque ............".................... 139.75 Duhuque County Jail" Court House, Lot 287, Original Town of Du- buque .................................. 138.41 DubuQUe County Jail " Court House, Lot 286, Original Town of Du- buque .................................. 138.41 Dubuque County Jail " Court House, Lot 285, Original Town of Du- buque .......-.......................... 138.41 Dubuque County Jail & Court House, Lot 284, Original Town of Du- buque .............................-.... 138.41 Anthony Rhomberg, Lot 283, Original Town of Du- buque .................................. 138.41 Hendricks Feed Company, Lot 282, Original Town of DUbuque .............................. 138.41 Hendricks Feed Company, Lot 281, Original Town of Dubuque .............................. 138.41 Hendricks Feed Company, Lot 280, Original Town of Dubuque .............................. 138.41 W. D. Deckert Company, Lot 279, Original Town of Dubuque """""""""- 138.41 Special Session, January 31, 1972 hauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. Statement of John Splinter, a member of the Engineering De- partment, certifying that notices of levy were posted in the assess- able area of City of Dubuque 1971 Asphalt Paving Project No.1 on January 10, 1972, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Mayor Molden- hauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 38.72 Schedule of Assessments RESOLVED by the City Council of the City of Dubuque, Iowa: that to pay for construction of City of Dubuque 1971 Asphalt Paving Project No.1 except Asbury Road from W.P.L. of Lot 1-1-1 of Asbury Park to westerly Corporation lim- its, on the following named streets: 1. Central Avenue from the N. P.L. of Ninth Street to the S.P.L. of Fourth Street. 2. Eagle Point Park-Roadway. 3. Eighth Street Service Drive from the W.P.L. of Central Avenue to the alley west of Central Ave- nue. 4. Hamilton Street Extension from the E.P.L. of Kerper Blvd. to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No.3. 5. Loras Blvd. from W.P.L. of Walnut Street to E.P.L. of Uni- versity Avenue. by Tri-State Paving Co., contrac- tor in front of and adjoining the same, a special tax be and is here- by 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: City of Dubuque 1971 Asphalt Paving Project No.1, except As- bury Road from the W.P.L <>f Lot 1.1.1 of Asbury Perk to the Westerly Corporation Umits. Special Session, January 31, 1972 Raymond H. & Elsie Sanger- cant: Carl F. Heitz, Lot 1-296, Original Town of Dubuque .............................. 75.21 Wm. F. " Darlene E. Allen- dorf, Lot 2-296, Original Town of Dubuque """""" 64.69 Wm. F. " Darlene E. Allen- dorf, Lot 295, Original Town of Dubuque ............ 139.75 George T. & Blanche E. Ryau, Lot 294, Original Town of Dubuque """""" 139.75 Kenneth Meyer, Lot 1-293, Original Town of Du- buque .................................. 97.25 Kenneth Meyer, Lot 2-293, Original Town of Du- buque .................................. 41.09 Henry W. & Karl Feye and American Tenst & Sav- ings Bank Tenstee by Will, Lot 292, Original Town of Dubuque """""" 138.68 Henry W. " Karl Feye and American Trust & Sav- ings Bank Tcustee by Will, Lot 291, Original Town of Dubuque """" 138.68 Henry W. " Karl Feye and American Tcust " Sav- ings Bank Tcustee by Will, Lot 290, Original Town of Dubuque .......... 100.54 Henry W. " Karl Feye and American Tenst & Sav- ings Bank Tcustee by Will, Lot 290-A, Original Town of Dubuque """""" 38.14 Henry W. " Karl Feye and American Tcust & Sav- ings Bank Trustee by Will. Lot S.8"-289-A, Orig- inal Town of Dubuque "" .4¡ Henry W. & Karl Feye and American Tcust " Sav- ings Bank Tcustee by Will, Lot S.8"-289, Orig- inal Town of Dubuque.... 1.30 Josephine Leta & Therese Loes cant: Louis J. Wink- ler, Lot. N.49'9"-289-A, Original Town of Du- buque ......-........................... 36.98 Josephine Leta " Therese Loes cant: Louis J. Wink- ler, Lot N.49'9"-289, Orig- inal Town of Dubuque.... 97.51 Dubuque County Jail " Court House, Lot 288, Original Town of Du- buque """""",..-................3,561.10' I 65.86 6,889.13 'Includes $3,422.69 for Extra Work on Courthouse Sidewalks and Landscaping. 77 sq.yds. Concrete Re- move and Replace w/ 10" Concrete @ 20.00.... 1,540.00 17.5 tons Asphalt Patching and Leveling Course @ 37.50 ................................ 666.25 355 tons Asphalt Binder Course @ 13.00 """"""" 4,615.00 939.5 tons Asphalt Surface Course @ 13.00 ..............12,213.50 3 no. of Manhole Ring and Covers @ 65.00 .............. 195.00 9 no. of Manholes-Raise or Lower @ 65.00 """"" 585.00 550 gals. Tack Coat RC-70 @ 0.35 .............................. 192.50 LUMP-Extra Work """"" 3,001.24 Total Construction Cost ....23,088.49 Less State Sbare ................13,033.75 Less City Share """"""""" 3,832.75 Assessable Share """"""" 6,221.99 10% Engineering Expense 622.20 5% loterest-.52 days """" 44.94 Total Assessable Amount.. 6,990.13 .49 49 .Loras College, Lot 26, Lev- ins Addition ...................... 254.96 .Loras College, Lot 27, Lev- ins Addition ..........".......... 44.88 Sophie H. Calhoun, Lot 14, Levins Addition ..............1,839.06 Bernadette & Harry Eld- ridge, Lot 13, Levins Ad- dition .................................. 401.10 Bernadette" Harry Eld- ridge, Lot 12, Levins Ad- dition .................................. 147.41 Hannora F. McCarthy, Lot 19, Levins Addition .......... 686.70 Nicholas J. & Rose K. Nem- mers, Lot 18, Levins Ad- dition ..........................,....... 692.90 Maurice J. Noonan, Lot 17, Levins Addition ................ 698.74 Lyle G. & Beverly Calhoun, Lot 1-1, Laws Subdivision 717.80 Francis B. & Marcella K. McDermott, Lot 2-1, Laws Subdivision ........................ 122.27 Frank J. Cecelia Kotowske, Lot 2, Laws Subdivision.... 50.03 Dubuque College, Lot 2, Mineral Lot 90 ..............12,366.44 Sadie G. Quirk, Lot 1, Sub. Lot 3 Mineral Lot 90 .... 1,042.58 Sadie G. Quirk, Lot 1-2, Sub. Lot 3 Mineral Lot 90 ........ 376.58 Judith A. Schlueter, Lot 2-2, Sub. Lot 3 Mineral Lot 90 .................................. 25.02 Judith A. Schlueter, Lot 3, Sub. Lot 3 Mineral Lot 90 215.69 Herman & Dolores Dettman, Lot 4, Sub. Lot 3 Mineral Lot 90 .................................. 79.15 Herman & Dolores Dettman, Lot 2-1-6, E. E. Jones Sub- division """""""""""""""" 1.52 Herman & Dolores Dettman, Lot 2-6, E. E. Jones Sub- division ................................ 5.73 Mettel Realty & Inv. Co. cont: Kingsley, Lot 5, E. E. Jones Subdivision ........ 22.21 Mettel Realty & Inv. Co. cont: Kingsley, Lot 1-1-6, E. E. Jones Subdivision.... 24.43 Norbert Jr. & Lois House- log, Lot 11, E. E. Jones Subdivision ........................ 71.43 Justin H. & Agnes A. Droes- sler, Lot 8, Sub. Lot 3 M. L. 90 .................................... 75.29 Justin H. & Agnes A. Droes- sler, Lot S.7'-7, Sub. Lot 3 M. L. 90 """"""""""""""" 18.24 Donald P. & Lois A. Noel, Lot N.43'.7 Sub. Lot 3 M. L. 90 """""""""""""""""" 183.43 Donald P. & Lois A. Noel, Lot S.38'-8 Sub. Lot 3 M. L. 90 .................................... 258.48 Ann C. Connolly, Lot N.12'- 6, Sub. Lot 3 M. L. 90 ...... 111.18 Ann C. Connolly, Lot 5, Sub. Lot 3 M. L. 90 """""""""" 974.77 George W. " Rosemary Woodhouse, Lot 1-8, Sub. Lot 3 M. L. 90 .....-.............. 686.95 George W. " Rosemary Woodhouse, Lot 2-9, Sub. Lot 3 M. L. 90 """""""""" 440,62 Thomas W. " Dorothy M. Schlueter, Lot 10, Sub. Lot 3 M. L. 90 """""""""" 427.65 Frank J. & Mary C. Hickey, Lot 11, Sub. Lot 3 M. L. 90 233.23 Elma Brown Rembold, Lot 12, Sub. Lot 3 M. L. 90.... 87.10 John E. " Mary T. O'Hara, Lot 17, E. E. Jones Subdi- vision .................................. Thomas H. & Mary Gauvin, Lot 16, E. E. Jones Subdi- vision. .................................. Delmar A. " Anna E. Gavin, Lot 2, Hamblins Sub. Block #2 ............................ Donald M. " Lillian R. Be- chen, Lot 1, Hamblins Sub. Block #2 """""""""" 73.07 Frank J. & Anna M., Sam T. & Lois Pusateri, Lot 16, Sub. Lot 3 M.L. 90 ............ 79.38 Frank J. " Anna M., Sam T. " Lois Pusateri, Lot 15 Sub. Lot 3 M.L. 90 """" 210.43 Edward J. & Mabel K. Duc- cini, Lot 14, Sub. Lot 3 M. L. 90 .................................... 385.79 Helen Salvisberg, Lot E.'h- 13, Sub. Lot 3 M. L. 90 .... 508.55 Agnes" Mark Boeckenstedt, Lot W.'h-13, Sub. Lot 3 M. L. 90 .............................. 508.55 Donald" Viola Callahan, Lot 2-2-2-17, Sub. Lot 3 M. L. 90 .............................. 377.14 Donald" Viola Callahan, Lot 2-2-18, Sub. Lot 3 M. L. 90 .................................... 125.44 Stacia M. Schuster, Lot 1-2- 2-17, Sub. Lot 3 M. L. 90.... 381.47 Stacia M. Schuster, Lot 1-2- 18, Sub. Lot 3 M. L. 90 .... 139.47 Stacia M. Schuster, Lot 2-2- 1-1-1 M. L. 39 50 Special Session, January 31, 1972 Special Session, January 31, 1972 51 All of which is assessed in pro- portions to the special benefits con- ferred. HemHton 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. William C. Brown Publish- ers, Lot 1-1-1, Block 5 River Front Sub. No.3.... 3,248.47 William C. Brown Publish- ers, Lot 1-2-1, Block 5 River Front Sub. No.3.... 1,161.35 The Eska Company, Lot 3-1, Block 5 River Front Sub. No.3...................... 4,269.27 The Eska Company, Lot 2, Block 5 River Front Sub. No.3........................ 140.56 8,819.65 180 tons Asphalt Binder Course @ 13.00 .............. 2,340.00 150 tons Asphalt Surface Course @ 13.00 .............. 1,950.00 350 gals. Prime Coat MC- 70 @ 0.30 ........................ 105.00 898.1 tons %" Stabilized Rolled Stone Base @ 3.65 .................................. 3,278.06 1 no. of Manholes-Raise or Lower @ 65.00 .......... 65.00 175lin.ft. Aspahlt Curb @ 1.30 .................................... 227.50 Total Construction Cost.... 7,965.56 10% Engineering Expense 796.56 5% Interest-52 days ...... 57.53 Total Assessable Amount.. 8,819.65 Loras Blvd. from the W.P.L. of Walnut Street to the E.P.L. of University Avenue. Joseph C. & Jeanne G. Roepsch, Lot 20, Levins Addition .............................. 849.20 Jennie M. Gilligan, Lot 21, Levins Addition ................ 679.69 Jennie M. Gilligan, Lot W. 'h-22, Levins Addition .... 343.48 Wilbert A. & Cecelia Fran- sen, Lot E.'h.22, Levins Addition .............................. 345.22 Wilbert A. & Cecelia Fran- sen, Lot 23, Levins Addi- tion ..............."..................... 696.17 .Loras College, Lot 24, Lev- ins Addition ......._............1,417.01 .Loras College, Lot 25, Lev- Ins Addition """""""""".. 487.61 18.24 3,97 56.58 22.33 5.85 Eleanor & Fred Moehl, Lot Lot 1-2-1-1-1 M. L. 89 ........ 119.48 Eleanor & Fred Moebl, Lot Lot 1-18 Sub. 3 M. L. 90.. 43.14 Eleanor" Fred Moehl, Lot Lot 1-2-17, Sub. 3 M. L. 90 363.58 Justin" Lillian M. Brandt, Lot 1-17, Sub. 3 M. L. 90.... 102.29 Justin & Lillian M. Brandt, Lot 1-1-1-1 M. L. 89 .......... 475.81 Mary Ann " Frances Heles, Lot 19, Sub. 3 M. L. 90.... 90.60 Mary Ann" Frances Heles, Lot 1-5-1 M. L- 39 """"""" 84.52 Mary Ann " Frances Heles, Lot 2-1-6 Hamblin Sub. Block #2 .............................. 9.70 Thomas V. & Marilyn Spates, Lot 1-2-1, M. L. 89 171.15 Thomas V; " Marilyn Spates, Lot 1-3-1 M. L. 39 86,04 Robert L. " Mary H. Coo- hey, Lot 1-4-1, M. L. 39.... 54.71 Robert L. " Mary H. Còo-' hey, Lot 1-7, Hamblin Sub. Block #2 .................... 5.14 Earl M. " Adelia S. Œrim- eyer) Metcalf, Lot 1-1-6 Hamblin Sub. Block #2.... 39.40 Earl M. & Adelia S. (Brim- eyer) Metcalf, Lot 2-5-1 M. L. 89 .............................. Alois & Patricia Brinkmoel- ler. Lot W.50'-I, City Lot 740 """""""""""""""""""" 577.17 Viola C. " M. C. Mai, Lot E. 112'-1 City Lot 740 ......1,292.76 .Loras College, Lot 2, City Lot 740 ................................ 572.93 .Dale E. & Marion Hall, Lot W.50'-3 City Lot 740 425.04 .Dale E. " Marion Hall, Lot E.75'-3 City Lot 740.... 865.81 Loras College, Lot 4, City Lot 740 ................................ 914.33 Donald J. " Maida Louise Muckow, Lot W. 182'6", W.212.&-5, City Lot 740.... 56.35 Marie K. BOnifazi, Lot E. 150'-5, City Lot 740 .......... 46.30 St. Joseph's College, Lot 1, CIty Lot 741 ....................2,916.25 St. Joseph's College, Lot 2, City Lot 741 ....................1,571.47 St. Joseph's College, Lot 3, City Lot 741 ....................1,361.38 Wilfred J. " Jean C. Meyer, Lot 3, Oakland Park Addi- tion ...................................... 237.79 Albert J. " Patricia C. Roth, Lot 4, Oakland Park Ad- dition ............... 111.85 2.22 Paul F. " Rita Mae Kane, Lot 2-5-2.17, Mt. Pleasant Addition ..,........................... 28.64 Paul F. & Rita Mae Kane, Lot 4-2-17, Mt. Pleasant Addition .........................-.... 222.94 Harry S. & Esther Kabat, Lot 3-2-17, Mt. Pleasant Addition .................,............ 329.21 Raymond M. " G. L. Witt- stock, Lot 2-2-17, Mt. Pleasant Addition .............. -.64 City of Dubuqne, Lot 1-2-17, 111. Pleasant Addition ...... 590.38 Herman J. & Margt. Roerig, Lot 1-23, Mt. Pleasant Ad- dition """"""""""""""""" 43.37 Walter & Joan F. Hense, Lot 2-23, Mt. Pleasant Ad- dition ...............-.."""""""" 11.57 Glenn E. & Margl L. Heald, Lot 4-23, Mt. Pleasant Ad- dition .................................. 19.99 Glenn E. " Margt. L. Heald, Lot S.10'-3-23, MI. Pleas. ant Addition ..",................. 13.80 Glenn E. & Margl L. Heald, Lot E.75'-N.4O'-3-23, MI. Pleasant Addition ............ 24.08 University of Dubuque, Lot W. 115' N. 40'-3-23, Mt. Pleasant Addition .............. 36.94 Jerome G. " Clare M. Pren- dergast, Lot 2, Rohners Sub. """"""""""""""""""" 819.52 Jerome G. &. Clare M. Pren- dergast, Lot 3, Rohners Sub. ..................................".. 319.16 Earl W. & Phyllis McClain, Lot 4, Rohners Sub. .......... 184.71 Marion C. Berntgen, Lot 5, Rohners Sub. ...................... 132.81 Oliver J. &. Patricia R. Krin. gle, Lot 6, Rohners Sub..... 73.69 Earl W. & Phyllis McClain, Lot S.47'-I, Rohners Sub. 77.74 George & Marie C. Bogas, Lot N.94.33'-I, Rohners Sub. ...................................... 570.27 Leroy" Janice Schroeder, Lot 1, J. P. Schmidts Sub. 151.6:1 Carl J. & Marie Backes, Lot 2, J. P. Sehmidts Sub. ...... 227.97 Boman J. & Modests Kemp, Lot 3, J. P. Schmidts Sub. 417.94 Elaine D. Fitzpatrick, Lot 4, J. P. Schmidts Sub. ........1,101.85 Wm. F. " Dorothy Tigges, Lot 12, Home Addition .... 645.91 Lois Bishop, Lot E.45'.ll, Home Addition ................., 1181.38 Roy" Zora Brammer cant: Heister, Lot W.5'-11, Home Addition 52 Special Session, January 31, 1972 Gus L. &. Lorraine Manter- nach cont: Langas, Lot 1-2-2-1-1-16, Mt. Pleasant Addition """"""""""""""" 566.42 Gus L. &. Lorraine Manter- nacl1 cont: Kurt, Lot 2-2-2-1-1-16, Mt. Pleasant Addition ..................-..........- 92.36 Gus L. &. Lorraine Manter- nach cont: Kurt, Lot 2-1-2-1-1-16, III Pleasant Addition ........""""""""'-"" 599.97 Gus L. " Lorraine Mant.... nach eont: Langas, Lot 1-1-2-1-1-16, Ml Pleasant Addition .............................. 731.37 Alphonse M. & Clara Schmidt, Lot 2-2-1-16, Mt. Pleasant Addition ............1,195.03 Alphonse II!. &. Clara Schmidt, Lot 2, M. L. 16.... 76.34 Albert E. " Clara M. Mohr, ~: À~~~~~:..~:~~~~ 195.47 Robert E. " Eileen Rose- now, Lot 1-2-1-16, MI. Pleasant Addition ............ 497.21 Dorothy Shanahan, Lot 2-1- 1.1-16, Mt. Pleasant Addi- tion ...................................." 45.36 Edna A. Fessler, Lot 1, Sub. Lots I-1-M.L. 175 and 1-17 1It. Pleasant Addition ....1,278.61 Wm. F. Woodhouse Est., Lot 2, Sub. Lots 1.1-M.L. 175 and 1-17 Mt. Pleasant Ad- dition """"""""""""'-"""" 553_09 Wm. F. Woodhonse Est., Lot 3, Sub. Lots I-I-M.L. 175 and 1-17 Mt. Pieasant Addition .....-..........."""""'" 316.94 Robert E. & Alice L. Wag- ner, Lot 4, Sub. Lots 1-1- M.L. 175 and 1-17 Mt. Pleasant Addition ............ 174.89 George T. " Sarah E. Pemsl, Lot 5, Sub. Lots I-1-M.L. 175 and 1-17 Mt. Pleasant Addition .............................. 110.01 Leo " Mabel Magdal, Lot N. 5O'-N.'k-W.'k-24, Sub. Lots 1.1.M.L. 175 and 1-17 Mt. Pleasant Addition ............ 59.16 Joseph L. & Cecil Schmitt, Lot S.50' - N.'k.W.'k-24, Sub. LOts I-I-M.L. 175 and 1-17 Mt. Pleasant Addition 15.67 Emma R. Tcenk, Lot 1-1, Trenks Booth Street Place 76.34 Marguerite B. (Sheeley) Ryan, Lot 6-2-17, Mt. Pleasant Addition ............ 35.19 Margnerite B. (Sheeley) Ryan, Lot 1.5-2-17, MIl Pleasant Addition ............ 46.18 64.53 Special Session, January 31, 1972 Roy & Zora Brammer cont: Heister, Lot E.45'-IO, Home Addition """"""""" 581.38 Richard John" Sharon Ann Pauly, Lot W.5'-10, Home Addition .....................-........ 64.53 Richard John" Sharon Ann Pauly, Lot 9, Home Addi. tion ...................................... 581.38 Norman D. &. Janet T. Boyes, Lot 8, Home Add. 710.56 Norman D. " Janet T. Boyes. Lot 7, Home Add. 645.91 Wm. E. & Mary P. Latimer, Lot 6, Home Addition ...... 29.23 Arthur W. " Lucille H. Ruer, Lot E.110'-1 Oak. land Park Addition """"" 951.62 James J. & Marcella Line- han, Lot W.30'.1, Oakland Park Addition """""""""" 259.53 James J. " Marcella Line. han, Lot S.40-W.30'-2, Oak- land Park Addition """"" 78.91 Wm. D. " Catherine R. Hess, Lot E.110'-2, Oak- land Park Addition """"" :145.34 Wm. D. & Catherine R. Hess, Lot N.I0'-W.30'-2, Oakland Park Addition """""""""" 22.3:1 I Voelker Realty Group, Inc., cont: Jaeobsmeier, Lot 16, Oakland Park Addition .... 541.28 Bobert Lee " Lois K. Selle, Lot 17, Oakland Park Ad- dition .................................. 601.37 Vince" Edna Miller cant: Knupp, Lot 18, Oakland Park Addition """""""""" 541.28 Raymond J. " Marylyn Ro-- kusek, Lot 15, Oakland Park Addition """"""""" 2la.94 VoIney G. Lindenberg " Edna L. Sten, Lot 14, Oak. land Park Addition .......... 103.93 Donald L. " Velma A. Schlickman, Lot 13, Oak- land Park Addition """"" 61.38 Michael F. & Mary Wolff, Lot 12, Oakland Park Ad- dition .................................. 52.37 Helen A. " John Langel, Lot 24, Oakland Park Ad- dItion .........................-........ 43.26 Joseph P. Flynn cont: Leon- ard, Lot 23, Oakland Park Addition .............................. 64.88 Harold J. & Hazel M. Kelly, Lot 22, Oakland Park Ad- dition .................................. 111.06 Elroy J. & Violet M. Klass, Lot 21, Oakland Park Ad- dition ............. 242.00 Neil M. & Mary A. Winger, Lot W.47'-20, Oakland Park Addition .................... 524.91 Raymond R. Jr. " Mary Jane Schmerbach, Lot E. 45'-20, Oakland Park Ad- dition .................................. 543.15 Frank C. &. Rosene M. Mom. land, Lot W.36'-19, Oak- land Park Addition """"" 434.54 Ed & Esther Lee, Lot E. 44'. 19, Oakland Park Addi- tion ........,............................. 531.11 Julien Improvement Campa. ny cont: Wagner cant: Botsford, Lot 5, J. N. mils Subdivision ..............-......... 66.29 Edward H. &. Helen I. Sehoenauer, Lot 6, J. N. mils Subdivision """""'", 52.37 Charles Fitzpatrick, Lot N. 50'-8, Maple Heights ........1,271.37 Janis A., Emilija, & Mirdza Freimanis, Lot 8.20'-8, Ma. pIe Heights ........................ 229.72 Janis A., Emilija, " Mirdza Freimanis, Lot N.4O'.7, Maple Heights """"""""" 322.66 Mary S. Pointsett eont: Sweeney, Lot S.:l0'-7, Ma- ple Heights ........................ 157.82 Mary S. Pointsett cont: Sweeney, Lot N.30'-6, Ma- ple Heights ........................ 94.89 Raymond E. " Mary Don- levy, Lot 8.40'-6, Maple Heights .............................. 79.85 Raymond E. & Mary Don- levy, Lot N.20'-5, Maple Heights ................................ 28.99 Richard Kalb, Lot S.50'-5, Maple Heights """"""".... 60.56 Richard Kalb. Lot N.I0'-4, Maple Heights """"""""" 10.52 Joseph & Sally Von Carlo-- witz, Lot N.60'-S.135'-4, Maple Heights """"""""" 10.52 Chris Jr- " Viola Aliesch, Lot N.20'-I3, Maple Hts. 21.04 Chris Jr. & Viola Aliesch, Lot S.30'-12, Maple Hts. 35.07 Clifford J. " Mary Lorenz, Lot N.4O'-12, Maple Hts..... 54.38 Clifford J. " Mary Lorenz, Lot S.lO'-S.60'-l1, Maple Heights .............................-.. 16.72 Thomas E. " Margo Muel- ler, Lot N.50'-S.60'-11, Ma- ple Heights ........................ 122.75 Russell & Jean Heer, Lot W. l00'-N.lO'-ll, Maple Hts. 23.38 Russel & Jean Heer, Lot S. 40' - W. 50' - 10 Maple Heights ...................... 70.14 53 54 Special Session, January 31, 1972 Evelyn M. Zwack, Lot 14, Pinehurst Subdivision -... 81.84 victor K. & Kathleen S. Na- kashima Lot 13, Pinehurst Subdivision ....".................. 47.35 Dr. Wayne A. & Kerin Kae Moldenhauer, Lot 12, Pinehurst Subdivision.... 3'1.41 City of Dubuque, Lot 18, Pinehurst Subdivision ...... 621.60 CIty of Dubuque, Lot 19, Pinehurst Subdivision ...... 621.60 City of Dubuque, Lot 20, Pinehurst Subdivision ...... 621.60 City of Dubuque, Lot 21, Pinehurst Subdivision ...... 621.60 City of Dubuque, Lot 22, Pinehurst Subdivision ...... 621.60 Donald P. & EIiz. Noonan, Lot 23, Pinehurst Subdi- vision .................................. 191.84 Donald P. " Eliz. Noonan, Lot 27, Tschirgi " Schwinds Sub. ............."..... 480.86 .Walter O. O'Neill, Lot 1, Woodlawn Park ........,....... 535.14 .Walter O. O'Neill, Lot 2, Woodlawn Park ................ 389.39 Peter J. & Gloria Schmitt, Lot 3, Woodlawn Park .... 115.27 Dorrance & Viola Hames, Lot 48, Woodlawn Park ......105.80 Dorothea Donovan, Lot 48, Woodlawn Park ................ 534.54 Dorothea Donovan, Lot 50, Woodlawn Park ................ 584.54 Melvin Aloysius" Elizabeth J. Weydert, Lot S. ',0-51, Woodlawn Park ................ 423.79 Melvin Aloysius & Elizabeth J. Weydert, Lot S. %-52, 7.48 I Woodlawn Park ................ 423.79 Wm. Weydert (Survivor), Lot N. %-52, Woodlawn Park .................................... 160.75 Wm. Weydert (Survivor), Lot N- ',0-51, Woodlawn 6.90 I Park .................................... 160.75 Earl & Burnette Kipp, Lot 53, Woodlawn Park .......... 105.80 5.49 I Melvin E. " Elsie Randall, Lot 98, Woodlawn Park.. 105.80 Victora " Clare Rogers, Lot 99, Woodlawn Park .......... 584.54 AImee" Jeannette Kavan- augh, Lot 100, Woodlawn Park """""""""""""""""" 584.54 Eugene E. & Audrey L Ni- day, Lot 101, Woodlawn Park ....................................584.54 Robert C. " P. Joanne Knopp, Lot 102, Wood- lawn Park .......................... 584.54 Russel & Jean Heer, Lot S. 80' - W. 25' - 9 Maple Heights ........"...................... 26.80 Russel" Jean Heer, Lot S. 30' - E. 25' - 10, Maple Heights ....".......................... 26.30 Rieha:rd J- " Ruth M. Feyen, N. 110' - E. 25' - 10 Maple Heights ................................ 303.96 Richard J. & Ruth M. Feyen, Lot N. 110' - W. 25' - 9 Maple Heights ............",..... 303.96 Joseph & Olive Kenefic, Lot 100' . W. 50' - 10 Maple Heights ................................ 584.54 Bert & Helen Graf, Lot E. 50' - 9 Maple Heights ..".. 680.53 Bert & Helen Graf, Lot E. 50' - N. 10' - 11 Maple Heights .......................,..,..... 11.69 Barbara E. Lochner" Caro- lyn, A. Blocklinger, Lot N. 86' - 3, Idylwilde Heights ................................ 657.00 John C. " Pearl Louise El- mer, Lot N. 86'-2, Idyl- wilde Heights .................... 657.95 Edw. J. & Louise Pins, Lot S. 14'-2, Idylwilde Heights 43.49 Edw. J. & Louise Pins, Lot S. 14'-3, Idylwilde Heights 43.49 Edw. J. & Louise Pins, Lot N. 36'-4, Idylwilde Heights 169.05 Edw. J. " Louise Pins, Lot 2-S. 19'4, Idylwilde Heights 9.24 Donald F. " Ruth L. Brus, Lot 1-8. 19'-4, Idylwilde Heights ................................ 45.59 Donald F. & Ruth L. Brus, Lot 5, Idylwilde Heights.. 104.28 Donald F. " Ruth L. Brus, Lot N. 5'-6, Idylwilde Heights ................................ 7.48 Donald F. & Ruth L. Brus, Lot N. 36' - N. 43' - S. 50'- 6 Idylwilde Heights ....".... 3'1.99 Clara A. & Florene Brock- ert, Lot S. 7'-N. 43'-8. 50'- 6, Idylwilde Heights ........ Clara A. & Florene Brock- ert, Lot S. 7'-8. 50'-6, Idyl- wilde Heights .................... Clara A. & Florene Brock- ert,LotN.26~,Idylwilde Heights ................................ 30.63 The American Oil Company, Lot 16, Pinehurst Subdi- vision .................................. 584.54 The American Oil Company, Lot 17, Pinehurst Subdi- vision ........."....................... 584.54 Cletus T. & Dorothy E. Cox, Lot 15, Pinehurst Subdi- vision .................................. 175.86 Special Session, January 31, 1972 Wm. J. " Rachel M. Hager- ty, Lot 103, Woodlawn Park .................................... 105.80 Andrew D. & Violet Karig- an, Lot 151, Woodlawn Park .................................... 584.54 Andrew D. " Violet Karlg- an, Lot 152, Woodlawn Park .................................... 584.54 Gerald A " Jean A. Roling, Lot 150, Woodlawn Park.. 105.80 Edward Alan" Mary Elean- or Schneider, Lot 155, Woodlawn Park """""""" 105.80 Anna Ficke (Survivor), Lot 154, Woodlawn Park ........ 584.54 .Anna Ficke (Survivor), Lot 153, Woodlawn Park """" 545.39 Thomas O. & Carol A Nes- ler, Lot 200, Woodlawn Park .................................... 584.54 Thomas O. & Carol A Nes- ler, Lot 201, Woodlawn , Park .................................... 584.54 Chas. H. & Grace Stevens, Lot 199, Woodlawn Park 105.80 Francis M. Ragatz, Lot 2IK, Woodlawn Park """""""" 105.80 Elmer C. & Viola Grashorn, Lot 202. Woodlawn Park.. 584.54 Shirley M. Litka & Fern A Jacob Life Est: Henrietta Schurkey, Lot 203, Wood- lawn Park """"""""""""" 584.54 John C. Lange, Lot 245, Woodlawn Park """""""" 105.80 Louis C. " Elsie Knobbe cont: Ferring, Lot 246, Woodlawn Park """""""" 584.54 Rosemary Clarke, Lot 247, Woodlawn Park """""""" 584.54 Wesley" Anna Frankfurt, I Lot 250, Woodlawn Park.. 105.80 Grace Anna McMahon, Lot 1-249, Woodlawn Park "" 527.02 Grace Anna McMahon, Lot 2-14-13, Mineral Lot 172 97.73 Audrey Yarnell, Lot 2-249, Woodlawn Park ................ 53.08 Audrey Yarnell, Lot 1-14- 13, Mineral Lot 172 """" 423.67 Audrey Yarnell, Lot 1-5-13, Mineral Lot 172 """""""" 132.92 .Audrey Yarnell, Lot I, Alan Place """"""""""""" 67.64 Westminster United Presby- terian Church, Lot 1-3-13, Mineral Lot 172 """""""" 35.07 Westminster United Presby- terian Church, Lot 1-2-5- 13, Mineral Lot 172 """" 221.07 Westminster United Presby- terian Church, Lot 2-2-2-5- 13, Mineral Lot 172 """" 148.00 67.64 Westminster United Presby- terian Church, Lot 2-4-13, Mineral Lot 172 """""""" 100.77 Westminster United Presby- terian Church, Lot 2, Alan Place ........................ 186.17 Westminster United Presby- terian Church, Lot All Westminster Church Place ..................................1,953.29 John E. " Dorothy A Leis- er, Lot 248, Woodlawn Park .................................... 584.54 Lillian B. Harwood, Lot 2, Mabels Subdivision """"" 43.84 Lillian B. Harwood, Lot 2- 13, Mineral Lot 172 """" 482.02 Lillian B. Harwood, Lot W. 2'-1-13, Mineral Lot 172.... 15.90 Lydia & Adolph Wolff, Lot E. 58'-1-13, Mineral Lot 172........................................ 457.57 Lydia & Adolph Wolff, Lot 2-3-13, Mineral Lot 172 "" 234.05 Elsie M. Bradley, Lot 6-13, Mineral Lot 172 """""""" 919.36 Dorothy Arthofer, Lot S. 90'.1-2-1-1-2, Mineral Lot 172........................................ 13.60 Francis J. & Bernice M. Furlong, Lot N. 10'-1-2-1- 1-2, Mineral Lot 172 """" 14.03 Francis J. " Bernice M. Fur- long, Lot s. 40'-1-1-1-2, Mineral Lot 172 """""""" 70.73 Ruth M. Weiler (Survivor), ~\ ~i 1~-.~:.1:.1~2:....~: 170.10 Charles R. " Pearl L. Just- man, Lot 1, Sub. of 337 Woodlawn Park and 2-2- M. L. 172 ............................ 490.78 Philip A. & Edna M. Ryan, Lot 2, Sub. of 337 Wood- lawn Park and 2-2-M. L. 172........................................ 556.13 Joseph F. & John C. Meyer, Lot 20, Tschirgi and Schwinds Sub. """""""""" 624.45 Mary Meyer Imhoff, Lot 21, Tschirgi and Schwinds Sub. ...................................... 561.86 Arthur and Annabelle Mey- er, Lot 2-25+26, Tschirgi and Sehwinds Sub. """" 17.54 Ralph L. " Mary Ann O'Brien, Lot 31, Tschirgi and Schwinds Sub. """""" 584.54 Emil A. Deutmeyer, Lot 32, Tschirgi and Schwinds Sub. ...................................... 584.54 Gregory W. & Janaan V. Corken, Lot 30, Tschirgi and Schwinds Sub. """""" 1'13.02 55 Special Session, January 31, 1972 Earl J. & Jane H. McNam- ara, Lot 1, Earl Place .... 100.54 $107,547.17 Deficiencies Paid by City Loras College, Lot 24, Levins Addition ........ Loras College, Lot 2, City Lot 740 .......-........ Dale E. & Marion Hall, W. 50' - 3, City Lot 740 ........................ Walter O. O'Neill, Lot 1, Woodlawn Park .......... Walter O. O'Neill, Lot 2, Woodlawn Park .......... Anna Ficke, Lot 153, Woodlawn Park .........- Audrey Yarnell, Lot 1, Alan Place 56 Ethleen O. Schrup, Lot 33, Tschirgi aDd Schwinds Sub. ...................................... 584.54 Ethleen O. Schrup, Lot 34+ 34A, Tschirgi and Schwinds Sub. .................... 701.44 Ethleen O. Schrup, Lot 35+ 35A, Tschirgi and Schwinds Sub. .................... 192.90 Carl G. Mulgrew, Lot 36+ 36A Tschirgi and Schwinds Sub. .................... 53.43 T. W. Landschulz, Lot S. 'h. 43+S. 'h-43A, Tschirgi and Sehwinds Sub. ............ 16.02 Frank J. Piekenbrock, Lot N. 1,2 - 43+N. 1,2 - 43A, Tschirgi and Schwinds Sub. ............................."....... 53.19 Frank J. Piekenbrock, Lot 44+44A, Tschirgi aDd Schwinds Sub. .................... 192.90 N. M. & Violet M. Cooney, Lot 45+45A, Tschirgi and Schwinds Sub. ....".............. 701.44 N. M. & Violet M. Cooney, Lot 46, Tschirgi and Schwinds Sub. .................... 584.54 Dennis L. & Mary F- Baum- hover, Lot N. 1,2 - 47, Tschirgi and Schwinds Sub. .........................,............ 423.79 Dennis L & Mary F. Baum- hover, Lot N. 1,2 - 48, Tschirgi and Schwinds Sub. ...."................................ 423.79 James L. & Agnes E. Mc- Mahon, Lot S. 'h - 47, Tschirgi and Schwinds Sub. ...................................... 160.75 James L. & Agnes E. Mc- Mahon, Lot S. 'h. 48, Tschirgi and Schwinds Sub. ...................................... 160.75 Lorraine J. Benner, Lot 49, Tschirgi and Schwinds Sub. ...................................... 175.36 Raymond A. & Irene Marie Edgar, Lot 50, Tschirgi and Schwinds Sub. ............ 81.84 Herbert F. Smith, Lot 51, Tschirgi and Schwinds SUb. ...................................... 4.44 Joseph V. & Margaret Mai, Lot 60, Tschirgi and Schwinds Sub. """""""""" 584.54 Joseph V. & Margaret Mai, Lot W. 'h - 59, Tschirgi and Schwinds .................... 87.68 Robert J. & Judith A. Me- Elmeel, Lot 61, Tschirgi and Schwinds Sub. ............ 584.54 Robert J. & Judith A. Mc- Elmeel, Lot I-E. 1,2 - 59, Tschirgi and Schwinds Sub. """","""""""""""""'" 87.10 175.72 299.78 RESOLUTION NO. 39.72 RESOLUTION PROVIDING FOR THE ISSUANCE OF STREET IM- PROVEMENT BONDS FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE AS- SESSED COST OF 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 WEST TO THE CORPORATION LIMITS. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $119,557.57 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, bas been published by the City Clerk stating the in. tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob- jections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dnbuque: 1. That to provide for the pay- ment of the assessed cost of the City of Dubuque 1971 Asphalt pav- ing project No.1 except Asbury of Asbury Park West to the corpo- ration limits, however remaining on the following named streets: 1. Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street 2. Eagle Point Park-Roadway. 3. Eighth Street Service Drive from the W.P.L. of Central Ave. nue to the alley west of Central Avenue. Special Session, January 31, 1972 4 No. of Catch Basins, Double type 104 @ 550.00 .............................. 2,200.00 2926 Un. ft. Concrete Curb and Gutter Remov- al @ 1.00 """""""""""" 2,926.00 5565.5 Sq. yds. Goose Mix Removal @ 1.50 ............ 8,348.25 4250 Gals. Prime MC-70 @ .30 ...................................... 1,275.00 550 Gals. Tack RC-70 @ .35 .................................... 192.50 3 No. of Tcee Removal, 18" - 24" @ 200.00 """ 600.00 17 No. of Catch Basin Re- moval @50.oo """""""" 850.00 269 Un. ft. 18" RC.C.P. 11 t~~.: 2~;'ÏÏ.C:ë'.'P:"@ 2,959.00 I 20.00 """""""""""""""" 220.00 271 Un. ft. Storm Sewer Pipe Removal @ 1.00 .... 271.00 LUMP Extra Work LUMP ................- 2,125.15 Councilman Pregler moved that the proof of publication he re- ceived and filed. Seconded by May- or Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. 152.13 85.40 195.15 39.15 19.92 $103,514.42 7225 Cu. yds. Excavation (Unclassified @ 1.50 ....11,887.50 717 Sq. yds. Sod in place @ .70 ................................ 501.90 5703.7 Sq. yds. Concrete Removal @ 2.90 ............16,540.73 933.3 Sq. yds. Concrete Remove and Replace wi 10" Cone. @ 20.00 ........18,666.00 1787 Tons Asphaltic Bind- er @ 13.00 ......................23,231.00 1861.5 Tons Asphaltic Sur- face @ 13.00 ..................34,199.50 18 Tons Asphaltic Patch and Leveling Course @ 37.50 ................................ 675.00 18 Un. ft. Asphalt Saw- ing @ .50 ........................ 9.00 2556.7 Sq. ft. Sidewalk Concrete 4" @ .73........ 1,866.39 53.5 Sq. yds. Driveways, Concrete @ 9.00 ............ 481.50 2556.7 Sq. ft. Sidewalk Re- moval @ .10 .................. 255.67 9849.9 Tons %" Stabilized Rolled Stone Base @ 3.65 ....................................35,952.14 24 No. of Manholes Raise or Lower @ 65.00 ........ 1,560.00 19 No. of Manholes, Rings and Cover @ 65.00 ........ 1,235.00 2570.5 Un. ft. Combina- tion Curb and Gutter- type A @ 3.55 ................ 9,125.28 355.3 Un. ft. Combination Curb and Gutter - type B @ 3.70 ........................ 1,314.61 3 No. of Catch Basins, Sin- gle type 101 @ 400.00 .. 1,200.00 8 No. of Catch Basins, Single type 101-A @ 550.00 """"""""""""""" 4,400.00 Total Construction Cost ......................$175,068.12 City Share """"""" 77,062.12 Assessable Share "" 98,006.00 10% Engineering Expense """"""" 9,300.60 5% Int./52 days .... 707.82 9.00 Tot a 1 Assessable Share ....................$108,514.42 Passed, adopted and approved this 31st day of January 1972. Wayne A. Moldenhauer Mayor Walter A Pregler Allan T. Thoms C. Robert Jnstmann 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 Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public hearing to consider pro- posal to authorize the issuance of street improvement bonds in the amount of $119,557.57 to pay as- sessed cost for constructing City of Dubuque 1971 Asphalt Paving Project No. I, presented and read. 57 58 Special Session, January 31, 1972 4. Hamilton Street Extension of Dubuque and shaIl be in sub- from the E.P L. of Kerper Blvd. stantiaIly the following form: to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No.3. CITY OF DUBUQUE 5. Loras Blvd. from W.P.L. of Street Improvemen~ Bond Walnut Street to E.P.L. of Uni- The CIty of ,Dubuque lD the St~te versity Avenue. of Iowa pro,:",ses to pay as hereIn- there shall be issued street im- after mentioned to the bearer provement bonds in the amount hereof, t~e ~um of five hundred of $119,000.00 DoIlars in anticipa- dollars WIth Interest thereon at the tion of the deferred payment of rate of seve... per cent per annum, assessments levied for such im- payable seIDl annually, on the pre- provement. sentation and surrender of the in- 2. Such bonds shaIl be called terest coupons he;eto attache~. street improvement bonds; and Both pnncIpal and lDterest ".f this shall bear the date of March 2, bond are payable a~ the o~ce of 1972; and shaIl be numbered con- the CIty ~easurer In the CIty of secutively; and they shaIl be num- Dubuque, ~n. the State of .Iowa. bered divided into series and be ThIS bond IS Issued by the CIty of in su¿h denominations and' for such Dubuque under and by virtue of mautrity dates as are shown in the Chapter 396 of the 1971 Code of following table' Iowa, as amended, and the Resolu Series No.1, Bond No. 1928-1951, tion of said City duly passed. on Den $500 00 Matur April 1 the 31st day of January, 1972, be- 1972 ., . 'ing Resolution No. 39-72. Series No.2, Bond No. 1952-1975, This Bond is one of a series of Den. $500.00, Matur. April 1, 238 bonds, all for $500.00 number- 1973 ed from 1928 through 2165 all of Series No.3, Bond No. 1976-1999, like tenor and date, and issued for Den. $500.00, Matur. April 1, the purpose of providing for the 1974 payment of the City of Dubuque Series No.4, Bond No. 2000-2023, 1971 Asphalt Paving Project No.1 Den. $500.00, Matur. April 1, except Asbury Road from the 1975 W.P.L. of Lot 1-1-1 of Asbury Park Series No.5, Bond No. 2024-2047, West to the corporation limits, Den. $500.00, Matur. April 1, however remaining on the follow. 1976 ing named streets: Series No.6, Bond No. 2048-2071, 1. Central Avenue from the Den. $500.00, Matur. April 1, N.P.L. of Ninth Street to tbe 1~77 S.P.L. of Fourth Street. Senes No.7, Bond No. 2072-2095, 2 E I P. t P k Ro d Den. $500.00, Matur. April 1, . ag e OlD ar - a way. 1978 3. Eighth Street Service Drive Series No.8, Bond No. 2096-2119, from the W.P.L. of Central Ave- Den. $500.00, Matur., April 1, nue to the aIley west of Central 1979 Avenue. Series No.9, Bond No. 2120-2142, 4. Hamilton Street Extension Den. $500.00, Matur. April 1, from the E.P.L. of Kerper Blvd. 1980 to the E.P.L. of Lot 1.2-1 of Block Series No. 10, Bond No. 2143-2165, 5 of River Front Sub. No.3. Den. $500.00, Matur. April 1, 5. Loras Blvd. from W.P.L. of 1981 Walnut Street to E.P.L. of Uni- 3. Said bonds shall bear interest versity Avenue. at the rate of seven per cent per as described in said Resolution in annum, payable semiannually in said City, which cost is payable' by accordance with coupons thereto the abutting and adjacent property attached: along said improvements and is 4. Said bonds shaIl not make the made by law a lien on all of said City of Dubuque liable in any way, property. It is payable only out except for the application of said of the Special Assessment Fund special assessment funds. 1290 created by the collection of 5. Said bonds sball provide that said special tax, and said fund can they may be payable at any time be used for no other purpose. prior to the maturity date stated It is hereby certified and recited therein at the option of the City that all the acts, __conditions and Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of fhe resolution. Seconded by Councilman Bitter. Carried by. the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. RESOLUTION No. 40-72 WHEREAS, Mayor M. Couchman completed his years of service to the citizenry of the City of Du. buque, Iowa on December 31, 1971; and WHEREAS, Councilman Donald R. Meyers completed his service to the citizens of the CIty of Du. buque, Iowa on December 31, 1971; and WHEREAS, both of the fore- going esteemed Councilmen elect- ed not to seek public office hey- and their respective terms; and WHEREAS, the present mem- hers of the City Council of the City of Dubuque. Iowa wish to for- mally go on record expressing their appreciation and thanks and to give voice to the grateful citi- zenry whom Mayor Couchman and Councilman Meyers have served so diligently and so well, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section J. That the City Council of the City of Dubuque, Iowa pub- licly goes on record in expressing the thanks and gratitude to Mayor Gaylord M. Couchman and Coun- cilman Donald R. Meyers for their unselfish and devoted efforts for and on behalf of the City of Du- buque and its inhabitants and that the talents and efforts of each of Special Session, January 31, 1972 things required to be done, prece. dent to and in issuing this series of bonds, have been done, happen- ed and performed, in regular and due form, as required by law and said Resolution, and for the assess. ment, collection and payment here- on of said special tax, the full faith and diligence of said City of Du- buque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has I 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 2nd day of March, 1972. Mayor City Clerk (Form of Coupon) On the """" day of """""""""", the City of Dubuque, Iowa, promises to pay to the bearer, as provided in said bond, the sum of I ........................ Dollars, in the office of the City Tceasurer in the City of Dubuque, being ........ months' interest due that date on its ........ """""""" Bond No. .......................... dated .................................................... 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 31st day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Mayor City Clerk 6. That the Mayor and City Clerk he and they are hereby instructed to caUSe said bonds to be prepared and when So prepared 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 purpose and to then de- liver them to the City Tceasurer. 7. That the City Tceasurer 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 known as Special Assessment Fund 1290 and paid out by him to pay the east of said contraet. 8. That the interest coupons at. tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year af- ter the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 59 the above named shall forever es- tablish and set the highest stand- ards for governmental service. Section 2. That the City Council of the City of Dubuque, Iowa for- mally goes on record speaking for and on behalf of the citizens of Dubuque, Iowa in formally expres- sing the gratitude of such inhabi- tants to each of these esteemed gentlemen for their services to the community. Section 3. That the City Clerk be and he is hereby ordered to enroll this Resolution upon the permanent records of the City of Dubuque, Iowa and that a certified copy hereof be delivered to each of the foregoing named. Passed, approved and adopted this 31st day of January, 1972. Wayne A. Moldenhauer Mayor Wayter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote. Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg. ler, Thoms. Nays - None. RESOLUTION No. 41.72 WHEREAS, Joseph A. Stieber, Clerk of the Municipal Court of Dubuque, Dubuque County. Iowa, has requested the confirmation of the appointment of Dianne C. Kluesner and Constance Lee Riedl as Deputy Clerks of Said Court; and WHEREAS, it appears that such appointment should be confirmed; NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque: Section I. That the appointment of Dianne C. Kluesner as Deputy Clerk of Municipal Court of Du. buque, Dubuque County, Iowa, be and hereby is confirmed; Section 2. That the appointment of Constance Lee Riedl as Deputy Clerk of Municipal Court of Du. buque, Dubuque County, Iowa, be and hereby is confirmed; Special Session, January 31, 1972 Passed, adopted, and approved this 31st day of January, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ado> tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter. Justmann, Preg- ler, Thoms. Nays-None. RESOLUTION NO. 42.72 WHEREAS, applications for Liq- uor permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE l'I' RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant. ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 64th General Assembly, 1971. (CLASS "c" COMMERCIAL BEER & LIQUOR LICENSE) John R. Hirsch, 206 West Third Street Passed, adopted and approved this 31st day of January, 1972. Wayne A. Moldenhauer Walter A Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. RESOLUTION NO. 43-72 WHEREAS, applications for Liq- quor permits were filed by the within named applicants and they have received the approval of this Council; and 60 Special Session, January 31, 1972 WHEREAS, the premises to be proved and delivery is herewith oCcupied by such applicants were accepted. inspected and found to comply Section 2. That the City Clerk be with the State Law and all CIty and he is hereby ordered and di. ordinances relevant thereto and rected to record said Court Offi. they have filed proper bonds, cer's Deed in the office. of the NOW THEREFORE BE IT RE- Duhuque County Récorder, Du. SOLVED by the City Council of buque County, Iowa. Dubuque, Iowa, that the Manager Passed, approved and adoPted be authorized to cause to be issued this 31st day of January 1972. to the following named applicants Wayne A.. MoÍdenhauer a Liquor Permit. Mayor (CLASS "c" COMMERCIAL Walter A. Pregler BEER & LIQUOR LlCENSEI Allan T. Thoms John R. Hirsch, 206 West Third C. Robert JUstmann Street Joseph J. Bitter Passed, adopted and approved Councilmen this 31st day of January, 1972. Attest: Wayne A. Moldenhauer i Leo F. Frommelt Mayor ¡ City Clerk . Walter A. Pregler! Councilman Bitter mOVed adop- Allan T. Thoms i tion of the resolution. Seconded by C. Robert J~tmann I Councilman Pregler. Carried by the Joseph ~. BItter following vote: Councilmen I Yeas - Mayor Moldenhauer, Att,::F. Frommelt Councilmen Bitter, Justmann, Preg- City Clerk ~;ÝsT~~¿ne. tio~O~~ci~~:n r~~:~~o:'ov;:co~~"!d Co,?""nnicati~n of Agreement of by Mayor Moldenhauer. Carried by H. ~ldw~ll Sml~, a! College of the following vote: ~ng¡neenng, UD1Ver~lty of ~daho, Yeas - Mayor Moldenhauer,! ID regard to ConsultlDg Semce at Councilmen Bitter, Jus t man n, I the Wastewater Treatment Plant, Pregler Thoms presented and read. Nay":"None . I Councilman Bitter moved that . the City Manager be authorized to RESOLUTION No. 44-72 sign letter of agreement and the WHEREAS, the Court Officer's Manager be requested to make pro- Deed by Ruth Lambert, conserva- vision for monthly reports and reo tor of the property of Mary Loretta view of his progress. Seconded by Hynes, has been delivered to City Councilman Pregler. Carried by the of Dubuque, Iowa conveying the following vote: hereinafter described real estate Yeas - Mayor Moldenhaner, and said delivery should be ac- Councilmen Bitter, Justmann, Preg- cepted. ler, Thoms. NOW THEREFORE BE IT RE- Nays - None. SOLVED BY THE CITY COUNCIL Mr. Paul Ombruni of Durham OF THE CITY OF DUBUQUE, Henningson & Richardson along IOWA: With City Engineer White and Section 1. That the delivery of Cullen-Schlitz representative John Court Officer's Deed to City of Kilby submitted a progress report Dubuque, Iowa by Ruth Lambert, as to the sewage disposal plant conservator of the property of odor problem. Mary Loretta Hynes conveying the At 11:06 P.M. Councilman Preg. fOllowing described real estate, to- ler moved to go into executive ses- wit: sion to consider Urban Renewal Lot 2 and Lot 3 of Newman, property. Seconded by Councilman Cooper & Smyth's Subdivision of Bitter. Carried by the following the North part of Outlot 695 In vote: the City of Dubuque, Iowa, ac. Yeas - Mayor Moldenhauer, cording to the recorded plats Councilmen Bitter, Justmann, Preg- thereof ler, Thoms. be and the same is hereby ap- Nays - None. 61 Regular Session, February 7, 1972 62 Special Session, January 31, 1972 OFFICIAL ¡Regular Session, February 7, T972. . Council met at 7:30 P.M. (C.S.T.) Present - Mayor Moldenhauer, Couniclmen Bitter, Justmann, Preg. ler, Thoms. City Manager Gilbert D. Chavenelle. Mayor Moldenhauer read the call and stated that service thereof had been dnly made and this meeting is called for the purpose of CON. DUCTING A PUBLIC HEARING I INVITING PROPOSALS FOR THE PURCHASE AND REDEVELOP- MENT OF PROPERTY IN THE URBAN RENEWAL AREA AT 6TH AND LOCUST FOR USE AS COMMERCIAL AND/OR MULTI. PLE FAMILY RESIDENCE and acting upon such other business as may properly come before a regu- lar meeting of the Council. Proof of Publication, certified to by the Publisher, of lovitation for Proposals for the purchase and re- development of property in the Downtown Urban Renewal area, lo- cated on the southeast corner of Sixth and Locust for Commercial and/or Multiple Family Residences, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded hy Councilman Bitter. Carried by the following vote: I Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. At 12:00 P.M. the Council re- convened in regular session with the announcement that Urban Re- newal land transactions were dis- cussed. There being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays-None. Leo F. Frommelt Citt Clerk CITY COUNCIL Approved ....................................1972 Adopted ......................................1972 """""""""""""""""""""""""""""" ............................................................ ............................................................ """""""""""""""""""""""""""""" """""""""""""""""'ii;;;;;;;¡¡;':~~"" Attest """"""ë¡ïŸ"ëi;;j;"""""""""" Proposal of Ecumenical Housing Inc. to purchase a parcel of Urban Renewal property described as Re- use 8-9, located at 6th & Locust, together with supporting documen- tation, in order to construct an eight story apartment building under Section 221 (d) (3) of HUD act of 1968, 12,540 square feet, at $4.09, total price $51,288, presented and read. Councilman Pregler moved that the proposal be received and filed I and the rules be suspended and the proposer be allowed to make formal presentation to the Council. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays-None. Rev. Thomas Rhomberg stressed the need for the Ecumenical proj- ect. Over eight thousand people are 62 years of age or over and many with low income. Those with $1500. per year income should not spend more than $31.50 per month rent. We could meet the material, social and spiritual needs of the people. Section 23 is not geared to meet these needs. One Hundred sixty five people could be taken care of which is only the begin. ning. It would be good use of the property. Attorney AI Hughes stated the potential bidder should be allowed to buy the property from the City. Ecumenical Housing loco is a non- profit organization and would pay its fair share of taxes. The build. ing would cost $1,413,444 and it could be started within One hundred days. The rent would be paid on a basis of 30%- from ten- ants and 70% from the Govern- ment. Communication of Erma M. Kidd & Ruby Pappas being in favor of the Ecumenical Housing project for the elderly, presented and read. Mayor Moldenhauer moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, JUstmann, Preg- ler, Thoms. Nays-None. Communication of Dubuque Ad- visory Commission submitting a resolution in support of Ecumeni- cal Housing and encouraging the Council to do likewise, and also advising Council to instruct the Low-Rent Housing COmmission to continue their efforts to develop Title No. 23 for rent supplement for the elderly, presented and read. Mayor Moldenhauer moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. 63