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1972 September Council Proceedings ["- ..... ... "" ["- CO> ..... "" iiJ ..0 S .s ::. '" [f) --------. .g ~ [f) ~ 10 '" ~ -" - '-' z :::::» 0 '-' >- .... - '-' ~. .81 j :¡¡: 1: p ~ t ðr. 'õ1 oJ':: -n ~ ~ c' :: E t ~ ~ ~ '¡ 011; ¡;.;<3 0 - ~.- 0» II> h1 ~ð :; - = :; Ef1 Ef:!~ :~ ~ .s.!!. '" ,... 1 '" " :> e '" ~ '" ,... ~ '" " -;;. 0 '" ..: i" ¡~ i¡¡ 18 ¡... iiiJ 1<3 a ~ :;: Adjourned Regular Session, September 5, 1972 proachesto value-cost, market and iocome--e cooferred with Mr. Russo, and he presented Mr. Frands O'Conner, ,attorney for tile appellant with the foJlowing re- commendation: Plastic Center, Inc., 880 lJOCust St. (Arc,ade Bldg,) Board',s Action, !Ieduce assessed value from $61,31?4 to $50,562, Settlement, Reduce as- sessed value from $50,562 to $42,500. Fischer, Ioc., 90 Main 8t. (Old Warehouse), Board's Action, Re- duceassessed "alue from $10,917 to $7,885, Settlement, '!Ieduce as- sessed value from $7,885 to $6,535. Plastk Center, Inc., 3rd & Main Sts. (Fischer Office) Board's Ac- tion, Denied, Settlement, Reduce assessed value from $13,917 to $12,567. Fischer Realty Co., 200 Main 81. (Julieu Hotel), Board's Action, De- nied, Settlement, Reduce assessed value from $78,480 to $77,130. TIle attorney for the preceding property owners accepted this of- fer and I would ,recommend to the Conference Board that the set. tlements be appro\'ed, James J. Gregory City Assessor Councilman Pregler moved that the communication be received and fiJed. and made a matter of re- cord- Seconded by Councilman Thoms. Carried by the following vote: Yeas - M'ayor Moldenhauer, Councilmen Bitt e' r, Justmann, Pregler, Thoms, Nays - None. Communication of Bike-A.Thon Committee indic'ating that the mo- ney realized from tile August 20th Blke-A-'l1bon meet be given to the City along with some fur- ther recommendations and ""ndi- tions, presented and read. Councilman JDstmaun mo\'ed that the nð<!s be suspentled in order to let anyone address the Council if they so desire. Second- ed hy Councilman lBitter. Ca'med by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 418 CITY COUNCIL OFFICIAL AdiourMCI regular _sion, S.... tember 5, 1972- Council met at 7:30 P.M. (.D,S, T,) Present - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, City Manager Gil. bort D, Chavenelle. Mayor Moldenhauer read tile call and stated that service thereof had been duly made and this is an ADNOURNE'D MEETING OF THE REGULAR MEETING OF SEP. TMEBE'R 4, 1972, called for the purpose of acting upon suêh busi- ness as may properly come before tile meeting, Communication of Le'ague of Io- wa Municipalities submitting a plan of action, a resolution en, dorsing the League prog,ram, a I first Suggested letter to candidates, all relative to 1m State Legisla- tive action, presented and read, Mayor Moldenhauer moved that the communication be referred to the ne"t meeting. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays - None. Angust 18, 1972 DUbuque Oity Council To the Members of the City of Dubuque Conference Board: RE.: P,rotest of assessment of real estate owned by Fischer, Inc. Fischer Realty Co. and Plastic Center, Inc. On May 21, Hm, a protest of assessment on the abo"e properties was filed with tile City Board of Review, The Board lowered the assessed valuation on two of the properties and denied the petitions on two other properties, All four deêisÍJOns were appealed to Dis- trict Court. Before going to Court, CUy So- licitor R. N. Russo .and I con- sulted with Thoma's Valentine, a professional appraiser with the Continental "'ppraisal Co., as to what the fair market values on these properties would he 'at the \ present time. After wewing the properties and using the three apo Adjourned Regular Session, September 5, 1972 M,r, Steve Strong of the Bike- A.Thon ,group addressed the Coun- cil by stating that approximately Nine Hundred Dollars was realized from the a-c.tivity, They would be willing totnrn this over to the City providing they would have a voice in the programming of bicycle paths and any future bi- cycle activities, Mayor Moldenhauer moved that the communication be referred to the City Manager to be consider- edat the time of the Murdock report which report was referred to the -Mallager at the Council meeting of August 21st. Seconded by Councilman Bitter. Carried by tile following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, 'Ib>ms. Nays - None, Communication of Ruth Nas,h stating that arrangements ha"e been made to purchase a house at 47"-73, 4th Street, with a view toward restoring its original front and hoping to qualify for amend- ment to the Zoning Ordinance re- lative to historical buildings, pre- sented and read. Mayor Molden- hauer moved ,that the communica- tion be referred to the Plauning & :OOning Commission. Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None. Communication of Ma'yor Mol- denhauer submittin,g his weekJy re- port to the Council, dated Sep- tember 4, 1972, presented for the record. Councilman Bitter moved that the communication be r e- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor MoJdenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None, Proof of Publication, certified to by the Publisher, of Statement of Receipts, disbursements and a list of claims for July 1972, presented and read. Councilman Bitter moved that the proof of publica- 419 tion he received and filed. Se- conded by Councilman Thoms, Car- ried by the following vote: Yeas - M'ayor Moldenhauer. Councilmen Bit t e r, Justmaun, Pregler, Thoms. Nays - None. August 30, 1972 To the Honorable M'ayor and City Council, This is to ad"ise that I have approved the following bonds and desire to have yonr approval on same, SI,DEWALK Merlin Goerdt, D,B-A, Goerdt Ex- ca"ating, Merchants M u t u a 1 Bonding Co. Hartmann Construction Co., Mer- chants Mutual Bonding Co. Gilbert D, Cbavenelle City Manager Councilman Bitter mo\'ed that t!he bonds be filed subject to ap- proval of the City Attorney. Se- conded !by Councilman Thoms. Car. ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmaun. Pregler, Thoms, Nays - None. July 10, 1972 Honorable M,ayor and City Council On June 5, 1972, Lavern N. Hingtgen of 1125 Rosedale "'venue filed a claim for damages to his vehicle as a result of a washout in the street at or near 485 West Locust on May 30, 1972. I have made an investiga'¡¡on of this .claim and it appears that on M,ay 30, 1972, in fact, a heavy <ain did Occur, It is the opinion of the City Attorney tbat said in- cident was not due to any negli- gence on the part of the city and, a,ccordingly, it is the recommenda- tion of the City Attorney's Office that said claim 'be denied. R, N Russo City Attorney Councilman illtter moved to con. cur in tile CUy Attorney's recom- mendation, Seconded by Council. man Thoms. Carried by the fol- lowing vote: Yeas - M,ayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms, Nays - None. Adjourned Regular Session, September 5, 1972 Adjourned Regular Session, September 5, 1972 August 28, 1002 Iowa" by Repealing Section 2 of Honorable Mayor and Artic]., LV thereof and enactnig City Council a new sedion 2 in lieu thereof On Augnst 7, 1972, Mr. Joseph establishing and defining the uses p, Helling of 44Ø lJowell Street permitted in a Multiple Residence filed claim for damages alleg~y District, for consideration, Council- suffered to his car as result of man Bitter moved that tile Or- striking a piece of sharp rock on dinanœ be referred to the Plan- roadway at the intersection of Foye Iring & Zoning Commission for re- and Napier Street in the City of ferr-al back to the Council, Se- Duhuque, Iowa, conded by Councilman Pregler. I have examined the claim of Carried by the foJlowing rote: Mr. Helling, and have emmined Yeas - Mayor Moldenhauer, the Site .together ~lth tile ~r~t Councilmen Bit t e r, Justmann, &~~~::~o,:~~ a::~c~o::b~~ Pregler, Thoms. ligence on the part of the Oity Nays - None, of Dubuque that would warrant the payment of said claim, and therefore I recommend that said claim be denied. Original claim is attached here- to, 421 4ro Councilman Justmann, Carried by the foliowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None, Notice of Claim of Mrs. Cla- rence Blakemen, in an undetermin- ed amount, for personal property damage incurred as the result of a dead elm tree limb falling on a s,wing set at 2161 Lincoln Ave. on August 18, 1972, presented and read. Councilman Bitter moved that the notice of claim be re- ferred to the City Attorney for proper action, Seconded by Coun- cilman Justmann. Carded by the following \'ate: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Notice of claim of Roy V, In- gJes, in the amount of $38.63 for damage to motorcycle as the re- sult of driving over a patch of oil on Iowa street between 1st and 2nd on August 31, 1972, causing the cycle to skid, presented and read. Councilman Bitter moved that the notice of claim iIe re- ferred the City Attorney for pro. per action. Seconded hy Council- man Justmann, Carr-ied by the fol- Io-wing vote: Yeas - Mayor MoJdenhauer. Cooncilmen Bit t e r, Justmann, Pregler, Thoms, Nay, - None. Proof of Publication, certified to by the Publisher, of Notice of pITh- lic hearing to amend Zoning Or- dinance No. 3-34 by changing Lot 19 of Key Knolls Sub. from Mul- tiole Res,jdence to Business Dis- trict Classification, presented and rea", Communication of Delos A. Dor- ".-ei er requesting denial of r.eson- ing request of property located be- tWl en Foothili Road and Hillcrest west of Kennedy Road, presented and read, Attor,ney Robert Bertsch repre- senting H. R. W., as owners of Block 19 in Key Knolls Sub, stated that the area in question has been under study for over three years and tile developer has assisted the City in planning tile area. Mr. Delos Dorweiler asked that his pro- perty be protected along Kennedy Road, Councilman Pregler moved that the proof of publication and Mr, Dorweiler's communication be re- ceiv,ed and filed and all objections as to the rezoning be overruled. Seconded by Councilmen Bitter, Carded by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None, ORDINANCE NO. 47-72 An Ordinance amending and changing Ordinance No, 3.34 known as the "Zoning Map and Zoning Ordinance of the City of Dubu- que, Iowa" so as to change cer- tain property hereinafter described from "Multiple Residence District" classification to "Business District Classification" said Ordinance having been pre- viously presented and read at the Council meeting of August 14, 1972, presented for final adoption. Councilman Thoms moved that final action on the Ordinance be deferred to the Council meeting scheduled for September 11th. Se- conded by Councilman Justmann, Vote on the motion as follows: Yeas - Councilmann Justmann. Nays - Mayor Moldenhauer, Councilmen Bit t e r, Pregler, Thoms. MOTION FAJI.¡ED. Notice of Suit, in the amount of $20,000 by Joseph A. Hickey, a minor, by Frank J, mckey, his father, vs, City of Dubuque and Edwards Constructioo Co, for in- juries received by said minor as the result of tripping over a' water hose in the walk portion of the Town Clock Plaza on June 26, 1972, presented and read, eouucilman Bitter m<>\'ed that the notice be referred to the City Attorney for proper action, Seconded by Conn- cilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None, Notiee of claim of Gerald S, Brandel, in the amount of $56,41, for car damage incurred in Eagle Point Park on August æ, 1002, presented and read, Councilman Bitter moved that the notice of claim be referred to the City At- torney for proper action, Second- ed .by Councilman Justmann. Oar- ried 'by too following \'ate: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays - None. Notice of Claim of A, J, Meyer, in the amount of $168,50, for ga- rage damage incurred at his home as the result of a dead elm tree limll faj]¡ing 00 same at fISI Kane Street on July 25, 1972, present- ed and read. Councilman 'Bitter moved that the notice af claim iIe refer,red to the City Attorney for proper action, Seconded by R, N, Russo City Attorney Councilman Bitter moved to con- cur in the City Attorney's recom- mendation, Seconded by Council- man Thoms, Ca,rried by the fol- towing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Notice of District Court, No, 82148 Equity, St, Joseph Mercy I Hospital, Plaintiff, "s. City of Du- buque, members of City Council and R. N. Russo, City Attorney as defendants, making an appli- cation fora writ of temporary injunction seeking to have the de- fendants restrain from amending Section 2, Article 4 of Ordinance No, 3-34 as it applies to the prem- ises owned by the Plaintiff and set- ting a hearing on this matter be- fore Judge Thomas H. Nelson on the 31st day of August 1972, at 4:30 o'clock P.M. in the District Court of I_a, presented and read, Coun- cilman Bitter moved that the n0- tice be received and filed, Se- conded by Councilman Pregler. Carried by the follMWng vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Jnstmann, Preg1er, Thoms. Nays - None. Attorney Russo presented an Or- dinanoe Amending and Changing Ordinance No, 3-34 known as the "Zoning Map and Zoning Ordi- nance of too City of Dubuqne, i, :h, Ciiy o'-'DoO","" low" S""OO 2, Th" tho f",goiog Am"'- m"f h" h",tof", b", "'CO,,, by th, P""iog 00' ZOclog Commi"ioo of fh, City 01 O"b"",, 'OW" p""". "'CO,,, 00' ,""f" !hi, Sth '" 01 S"f'mb". 1972. W,,", A, Mol'"h"" Mom W,If" A, P'oo'" Alloo T. Thom, C. Rob"f J,,'moo, J""h J, Bitt" C",,",lImoo ATTEST, L" F. Fcomm,1f City C',," Pobli,h" offi,i,lIy i, Th' T",g",h- "'cold N,w""" thi, 8th ,., of ..,I,mb". 1972, L" F. Fcommolf Citv C',,". 1t,'IS Adjourned Regular Session, September 5, 1972 ~djoumed Regular Session, September 5, 1972 Councilman Pregler moved final I adoption of the Ordinance. Seicond, , ed by Mayor Moldenhauer, Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None, At 9:25 P.M, Councilman Just- manu moved for a recess. Motion died for lack of a second, proof of Publication, certified to by the pubiisher, of Notice of Pub- lic hearing to amend the Zoning Ü<'dinance No. 3-34 so as to change the Ely 'h of the Sly 'h of Lot I 32 and the Ely 'h of Nly 2' of lJot 33; Ely 80' of Nly 'h of Lot 32; Wly 'h of Sly 'h of lJot 32 and Wly 'h of Nly 2' of lJot 33; Wly 80' of Nly 'h of lJot 32; Sly 30' of lJot æ all in L. H. Lang- worthy's Addn, from Multipie Re- sidence District Classification to Busåness District Classification, presented and read. No written objections were fiJed and no oral objectors were pre- sent at the time of the public hea,ring. Councilman Pregler moved that tile proof of publication be re- ceived and filed, Seconded by Councilman Bitter, Carried by the following vote: I Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays - None, ORDINANCE NO. 48-72 An Ordinance amending and chang. ing Ordinance No. 3-34 known as the "Zoning Map and Zoning Or- dinance of the City of Dubuque, Iowa" so es to change certain property hereinafter described from "Multiple Residence District classification to "Business Dis- trict classivioation", said Ordinance having been pre- viously presented and read at the Council meeting of August 14, 1972 presented for final adoption. ORDINANCE No. ""7'1 u,u_- ...c..n'..~ AND 3-30\ 423 Justmann. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregier, Thoms. Nays - None. ORDINANC'E NO. 53-72 An Ordinance amending end changing Ordinance 3-34 known es the "Zoning Ordinance of the City of Dubuque, Iowa", by repealing Section I of Article V-A thereof, and adopting a new Section I of Article V-A in lieu thereof, to classify restaurants, cafes and ca- frierias as uses separate and dis- tinct from retail stores, and to _mit the sale and consumption of beer th.rein, under certain spec- ified conditions, presented and read. Mayor Moldenhauer mored that the Ordinance he referred to the Planning and Zoning Commission, seconded by Councilman Pregler. Car,ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregier, Thoms. Nays-None. Petition of Jaycees requesting a refund of $325 on the unexpired portion of beer license No. 2393 as they have discontinued business 8-19-72, presented and read Councilman Pregler moved that the refund be granted and the I Auditor instructed to issue proper warrant. Seconded by Miayor Mol- denbauer. Carried by the follow- ing rote: Yeas - Mayor MoJdenhauer, Councilmen Bitter, Justmann, Pregler, Thoms, Nays - None. Petition of Phyllis IJicciardi re- questing a refund of $225. on the unexpired portion of heer license No, 1569, as she has discontinued husiness on 8-21-72, presented and -d- Councilman Pregler moved that the refund be granted and the Auditor instructed to issue pro- per warrant. Seconded by Mayor Moldenhauer, Ga,rried by tile fol- lowing rote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Phyllis Licciardi re- questing a refund of $75. on the uneJ<pired portion of ciga-rette Ii- I cense No. 169, as she has dis- continued business on 8.21-72, pre- sented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant, Second- ed by Mayor Moldenhauer. Car- ried by the following rote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays & None- P"tition of Denny French, re- questing a refund of $75. on unex- pired portion of cigarette license No. 32, as he has discontinued business on July 24, 1972, pre- sented and read, Councilman Preg- ler moved that the refund be grant- ed and the Auditor instructed to issue proper warrant. Seconded by Mayor Moldenhauer. Carried by the following rote: Yeas - Mayor Moldenhauer. Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None. Petition of Herman J, Meyer, requesting a refund of $75. on un- expired portion of cigarette llcense No. 92, as he has discontinued business on 8~1-72, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue pro- per warrant. Seconded by Mayor Moldenhauer, Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays - None, Petition of Karigans Restaurant requesting a refund of $225- on the uneJOpired portion of beer li- cense No, 1442, as they have ap- plied for a combination license, presented and read. Councilman Pregler moved that the refund be granted and tile Auditor instructed to issue proper warrant, Seconded by Mayor Moldenhauer, Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays None, Peitition of M,elvin L & Leonette Kreiman requesting a refund of $442.50 on the unexpired portion of combination beer & Liquor Li- cense No. C-21&! as they ha've dis. continued husiness on 7.30,72, pre- sented and read, Councilman Preg, ler moved that the refund be grant- ATTEST, L~ F, F"mmelt Cltv C"," p"bU,hed o"'o,.lIv " The Tel~,".h. Hmld New,."" 'hi, 8th dov of so.tomb", 1972, L~ F. F"mmelt CIIY C,O<". 11,9/8 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Mayor Moldenhauer, CaT- ried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Jnstmann, Pregler, Thoms, Nays - None. August 25, 1JI72 To the Honorable Mayor and Members of the City Council The petition of Pbil Langas for the issuance of a Class "B" beer permit for his premises looated in the Local Business "A" District has been referred to tile City At- torney for the preparation of pro- ceedings for the authority by the City Council to issue such Class "Boo beer permit to his premises, Ac,cordingly, I am enclosing a proposed amendment for the au- thority to issue Class "B" beer permit to premises located in lJo- cal Business "A" Classifiœtion, I am also enclosing a proposed form of amendment to the beer ordinance recently adopted, I ilelieve the foregoing two a- mendments will grant the authori- ty to the City Council to issue a Class "B" permit to Mr. Lang'as. However, I do not recommend your taking such course of action, R, N, Russo City Attorney Councilman Pregler moved that the communication be received and filed, Seconded by Co u n cilman 424 Adjourned Regular Session, September 5, 1972 ed and the Auditor instructed to \ Yeas - M'ayor Moldenhauer issue proper warrant, Seconded by Councilmen Bit t e r, Justmann', Mayor Moldenhauer, Carried by Pregler, Thoms. the following vote: Nays - None, Y,eas - Mayor Moldenhauer, Petition of ~er:y Trimble re- Councilmen Bit t e r Justmaun questmg permISsIOn to conduct a Pregler, Thoms.' ' Rosary procession on Sunday Se,p- Nays - None. i~~b~~;:'~~~:~i~~n~ ~7:~: Petition of Hempstead High Virgin Statue, presented and read. School, by Deb Kopp, requesting Councilman Pregler moved appro- permission to conduct a Home- val of the petition with referral coming parade on October 6, 1972 to the City Manager, Seconded by presented and read. Councilman Councilman Thoms, Carried by the Pr,egler moved that the petition following vote: be granted and referred to the Yeas - Mayor Moldenhauer, City Manager. Seconded by Coun- Conncilmen Bit t e r Justmann cilman Thoms, Carried by the fol- Pregler Thoms,' ' lowing vote: Nays' - None. Yeas - Mayor Moldenhauer, Petition of Mike Mellon et al Councilmen Bit t e r, Justmann, (19 signatures) requesting the in- Pregler, Thoms, staUation of a street light in the Nays-None, 2500 to 2600 Mock on Pinard street, . , ' presented and read, Mayor Mol, . petltion of Pat Dillon et. al (7 denhauer moved that the petition slgnatures) request~ng the mstal- be referred to the City Manager lation of a street J1ght on Green- and Electrical Inspector for in- fleld Street, presented and read. vestigation and report, Seconded Councll,man Pregler mov,ed that hy Councilman Bitter, Carried by the petition be referr:d to the City the following vote: Manager ~nd Electrical Inspector Yeas - Mayor Moldenhauer, for mvestlgatIOn and report. Se- Councilmen Bit t e r , Justmann, conded by Council~an Thoms. Car- Pregler, Thoms. rled by the followmg vote: Nays - None. Yeas - Mayor Moldenhauer, Petition of James Ostert, as Councilmen Bit t e r, Justmann, spokesman for a Citizen's commit- Pregler, Thoms. tee requesting a place on the agen- Nays - None, da to discuss Chief O'Brien's recent Petition of Kiwanis Cluh of Du- handling of the disturbance in, buque requesting permission to volvmg the Chosen Few Motorcycle conduct a "Kids Day Peanut Sale" gang, presented and read. on September 22, 1972, presented Mayor. Moldenhau~r moved ,that and read. Councilman Pregler the petition be recelv~d a,nd filed. moved bhat the petition be granteð Seco?ded by Councllman BItter. and referred to the City Manager. Carried hy the followmg vote: Seconded by Councilman Thoms, Yea~ - ~ayor MoJdenhauer Carried by the following vote: Councilmen BIt t e r, Justmann, & M M Id Pr,egler, Thoms. Yea~ ~yor 0 enhauer, Nays - None. CounCllmen BItter, Justmann, Mr. Don Manabl and James Os- Pregler, Thoms, tert addressed the Council relative Nays - None. to a disturbance caused by the Petition of W. J. Hill, agent of Chosen F- Motorcycle gang that Burlington Northern Railroad, reo came into the City on August 26. question closing of Market Street 1972, at 11th and White 8treet, between 3rd street and 1. C. tracks Chief O'Brien submitted a report. hetween Blocks C & F in Booths through the City Manger, relative Addn. to accomodate a small in- to the Incidents on August :!I;th, dustry, presented and read. Coun- mainly denying the idea that favor- cilman Pregler moved that the pe- itism was shown to any particular tition be referred \0 the City Ma- group in the community through nager and staff. Seconded by Conn- an ..ctual and knowing role by cilman Thoms. Carried by the foi- the police, as a,C'CUsed by the com- lowing vote: \ plainants. Adjourned Regular Session, September 5, 1972 Mter consideralble discussion I M'ayor Moldenhauer moved that Police Chief O'Brien's report be received and filed, Seconded by Councilman Bitter. Carried by tile follo,wing ^">Ie: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Na,ys - None. Mr. MaultW presented a list of complaints from various .citizens to the Clerk for 1he record. Coun- cilman Bitter moved that the writ- ten complaints iIe referred to tile Council to be considered at a meet- ing to be held on September 8, 1m, at 4:30 P.M, Seconded by Councilman Jnstmann. Carried by the following vote: Y,ea,s - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays-None. OOUNOIiL RECESSEID AI\' 10:50 P.M. RECONVENIEID AT 11:00 P. M, Proof of Publication certified to by the PUiblisber, of notice of time and -place of hearing to consider proposal \0 dispost of Lot 1 or 2 of 1 of M.L. 345 in the City of Dubuque to Joseph D, Vogt Jr. and Martina A. VogI, in ex- change for Lot 2 of 1 of Lot 163 of L. H. La,ngwortby Addu. also for a grant of easement over Lot 1 of 1 of 163 in L. H. Langlwortby's Addu. presented and read. No written objections were filed and no oral objelctors were pre- sent in the Council Chamber at the time set for the public bearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Thoms. Ca,rried by the following vote: Y'eas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Preg,ler, Thoms. Nlays - None, RESOLUTION NO. 287.72 WII-IEJRtEAS, pursuant to Resolu- i tion of published notice of time and place of hearing published in the Telegmpb-Œierald, a newspa'per of general circula,tion published in the City of Dwbuque, Iowa, on August 4, 1972, and August 11, 1072, City Council uf City of Du- buque, Iowa, met on the 5th day of Septemher, 1972, at 7:30 <>-clock 425 P,M. (Central Daylight Time) in the City CouncH Cila-mber, City Ran, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque, Iowa, to Joseph D. Vogt, Jr. and Mlartina A. Vogt in and to Lot One (1) of Lot Two (2) of Lot One (1) of Mineral Lot 345 in the City of DulJuque, Iowa; and WHE~EAS, City Oouncil of Du- buque, Iowa, o"erruled any and aU objections, oral or written, to the proposal to dispose of inter- est of City of Dubuque, Iowa, in the above described real estate to Jose,ph D. YogI, Jr. and Ma'r- tina A. Vogt; NOW 11HEiRJEæ'OI/JE BE IT HiE- SO!LVEiD by the City Council of the City of Dubuque, Iowa: Section I, That the disposal of interest of City of Dubuque, Iowa in real estate \0 Joseph D. Vogt, Jr. and Martina A, Vogt covering the following described reaI estate, to-wit: Lot One (1) of Lot Two (2) of Lot One (1) of Mineral Lot 345 in the City of Dubuque, Iowa be and the same is hereby approved, and that no abstract win be provided. Mayor and City Clerk are hereby directed to execute sa,id deed on behalf of City of Dubuque, Section 2. That the City Clerk he and he is hereby authorized and directed \0 deliver deed of conveyanoe to Joseph D. Vogt, Jr, and Martina A. Vogt upon re'Ceipt of grant of exclusive and perpetuaI right and ea.ement \0 construct, maintain and repa,ir a water ma-in in Lot 1 of Lot 1 of Lot 163 in L. H. Langworthy's Addition to- gether with right of ingress and egress, Section 3. That the City Cierk he and iIe is hereby authorized and directed \0 record a, certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 5th of September, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Rohert Justmann Joseph J, Bitter Councilmen Attest: Leo F, Frommelt City Clerk 426 Adjourned Regular Session, September 5, 1972 Councilman Bitter moved adOP- ItESOLUTION NO. 289-72 tion of the resolution, Seconded RESOLUTION to fix a date of hy Councilman Pregler. Ca,rried meeting at which it Is Prot>Osed by the following vote: to take action for the issuance Yeas - Mayor MoJdenhauer, of $1,000,000 Sewer Bonds, , Councilmen Bit t e r, Justmann, WHEREAS it is necessary and Preg'ler, Thoms. for the ilest interests of the City Nays - None. of DuD:>uque, Iowa, and its inhabi- RESOLUTION NO, 288-72 tants to build and construct cer- WHEREAS, Westminster Church tain sewers and improve tile sewer Corpo""tion has delivered Warran- outlet and purifying plant in and ty Deed dated the 23rd day of for said City and it is necessa<y August, 1JI72, conv,eying to the City that the cost thereof, to the amoung of Dubuque, Iowa, the following of $1,000,000, be now provided for descr;iIed real estate: hy the issuance of bonds pay",hle Lot 2 Westminster Presbyterian from the proceeds of taxes levied Church Pla<e in the City of Du- on aU the taxable property in said buque, Iowa and; City as authorized and permitted WHiEREAS, the delivery of said by Section 396.22 of the Code of Deed to the above entitled real Iowa, 19m, as amended, but it estate SlhouJd be accepted by the is necessary to first provide for C'ty of Dubuque. notice and hearing in the manner NOW THERJEFOŒtE BE IT RE- and form required by Chapter 23 SOLVEiD by the City Council of of the Code of Iowa; the City of Dubuque, IoW13: NOW, WEJRiEFORE HE If!' RE- Section 1. That the Warranty SOLV'EID by the City Council øf Deed of Westminster Church Cor- the City of Dubuque, Iowa, as fol- poration dated August 23, 1972, con- lows: veying to the City of Dubuque, sedion I. That this Council meet Iowa, the foilowing described real at the Council Chambers in the estate: City Hall in said City on the 26th l.iot 2 Westminster Presbyterian day of September 1972, at 12:00 Church Pia.. in the City of Du- o'clock Noon, at which time and buque, Iowa be and the same is place proceedings will be institut- hereby accepted, ed and action taken for the issu. Section 2. Toot the City Clerk ance of $1,000,000 Sewer Bonds for be and iIe is hereby directed to the purpose of paying the cost, record said Deed in the Office to tha,t amount, of building and of the Dubuque County Recorder. constructing sewers and improving Section 3 That the al>ove de- the sewer outlet and purifying scribed rea[ estate be and tile s,ame plant in and for said City. is hereby designated as part of Section 2. The City Clerk is here- University Avenue of the City of by directed to give notice of pro. Dubuque, Iowa, posed action for the issuance of Passed, approved and adOPted said bonds, setting forth the a- this 5th day of September, 1972. mount and purpose thereof, the Wayne A, Moldenhauer time when and pla~e where said M-ayor meeting will be heW, by publication Walter A. Pregler at least once not less than fifteen Allan T, Thoms I (15) days before said meeting, in C, Robert Justmann the "Telegraph Herald.",. a news- Joseph J, Bitter paper published and having a gen- Councilmen eral circulation within said City. Attest: Said notioo shall he in substa,n- Leo F, Frommelt tially the following form: City Clerk NOTIOE OF MEETING FOR CoUI>Cilman Justmann moved a. ISSUANCE OF SEWER BONDS doption of the resolution Seconded The City Council of the City of by Councilman Pregler. Carried Dubuque, in Dubuque County, 1- by the following \'ate: owa, will meet on the 26th day Yeas - M,ayor Moldenhaner, of September, 1972, at the Oouncil Councilmen Bit t e r, Justmann, Chambers in the City Han, Du- Pregler, Thoms, huque, Iowa, at 12:00 o'clock Noon Nays--None. for the purpose of instituting pro- Adjourned Regular Session, September 5, 1972 427 ceed. ings and taking action for the I issuance of $1,000,000 Sewer Bonds of said City, bearing interest at a rate or rates not exceeding six per cent (6 percent) per annum, for the purpose of de<fraying the cost, to that amount, of building and constructing sewers and im. proving the sewer outlet and pur- ifying plant in and for said City. At any time before the date of said meeting a petition or petitions setting forth objections thereto may be filed in the office of the City Clerk as permitted by law. By order of the City Council September 5, 1972, Leo F, Frommelt City Clerk Section 3. That aU resolutions or parts thereof in conflict herewith be and the same are herelby re- peaIed, and this resolution shall be effective forthwith upon its pas- sage and approval. Passed and approved September 5, 1972. W,ayne A, Moldenhauer Mayor Attest: Leo F, Frommelt City Clerk Councilman Pregler moved a- doption of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Tboms, Nays - None. ,RESOLUnON NO. 290-72 R'ESOLUTION providing for the advertisement of $1,000,000 Sewer Bonds. WRERJEAS the City Conncil of the City of Dubuque, Iowa, has heretofore determined it to be ad- visable a,nd necessary to build and construct certain sewers and im- proVe the sewer outJet and purify- ing plant in and for said City and it is necessary and for the best interests of said City that $1,000,000 Sewer Bonds contemplat- ed to be issued to pa,y the cost thereof, to that amount, be offered for sale in the manner required hy Chapter 75 øf the Code of Iowa; NOW, 11HiEJREFORE, Be It and It Is Herelby Resolved by the City Council of the City of Dubuque, Iowa, as foUows: Section I. That Sewer Bonds of said City in the amount of $1,000,000 be advertised for sale, su,ch bonds to be da,ted Novemiler 1, 1972, bearing interest payable May I, 1973, and semi-annually thereafter, and maturing in nu- mericaI order $100,000 on Novem- ber 1 of ea,ch of the years 1974 to 1983, inclusive, and toot bids be requested for action thereon at the Council Chambers in the City HaIl in said City at 12:00 o"cIock Noon, on September 26, 1972, and that the City Cle~k be and he is hereby authorized and directed to publish notice of such sale once each week for at least two consecutive weeks in the "Te- legraph,Herald", a newspaper poo- lished and of general circulation in Dubuque County, Iowa, such advertisement to be in the form customarily emploYed for that pur. pose. Section 2. That aU resolutions or ørders insofar as same may be in conflicc herewith be and the same are hereby repealed. Passed and approved September 5, 1972. Wayne A. Moldenhauer Ma,yor Attest: Leo F. Frommelt City Clerk Recorded September 5, 1972. Leo F. Frommelt City Clerk NOT,ICE OF SALE OF SEWER BONDS DUBUQUE, IOWA Sealed bids will be received until 12:00 o'clock Noon on the 26th day of September, 1972, at the office of the City Clerk in the City Hall, Dubuque, Iowa, for the purchase of $1,000,000 Sewer Bonds o! the City of Dubuque, Iowa, at which time such bids will be re- ferred to the City Council of said City at its meeting to be then held at the Council Chambers in the City HaIl in said City. Open bidding will be concluded not later than 1:00 o'clock P,M. and, after the hest open bid bas been deter- mined, the sealed bids will be pub, licly opened and the bonds will be sold to the highest bidder for cash. SeaIed bids will be fully pro- tected. Said bonds will be dated Novem- ber 1, 1972, in the denomination of $5000, bear interest at a rate or rates not exceeding Six per cent (6%) per annum, payable May 428 Adjourned Regular Session, September 5, 1972 1, 19T3,and semnannually there- ' conditioned. Said opinion will be after, registrable as to principal printed on tile bonds and wi1! re- oniy, and will mature in numerical cite that under existing federal order $100,000 on November 1 of laws, regulations, decisions and of- each of the years 1974 to 19IIß, ficial interpretations, the interest inciusive. None of .aid bonds will on said bonds is exempt from pre. he optional for redemption prior sent federal ineom.e taxes, Each to maturity. Both principal and hidder must furnish a certified or interest win be pay",ble at the cashier's check drawn on a solvent office of the City Treasurer, Du- state or na,tional hank or trust buque, Iowa, Ea'ch bid must he company for $20,000 payable to for all of said 'bonds upon terms the order of the City Treasurer of not less than par and accrued of said City as a guarantee of interest and shall specify the in- good faith, this amount to iIe re- terest rate or rates for the bonds tamed pending full performance in a multiple of one-quarter or by the successful hidder and to one-tenth of one per cent provid he forfeited to the City as agreed ed that only one rate shall be Jiquidated d..mages npon failure specified for a single matnrity and to take up and pay for the bonds not more than three rates may when ready in accordance with he named for the issue, Repeat- his bid, which must be reduced in-g a previouslY mentioned rate to writing on the Official Bid Form. will not constitute an additional \. The City Council reserves the interest rate. Eac.h instaR.' ment of right to waive informallties in any interest will he represented by a bid, to reject any or all bids and single coupon on ea,ch bond. The to determine in its sole discretion bonds will he awarded to the hest tile hest bid. bidder determined upon the basis \ Tile City Council has authorized of the lowest total interest cost the preparation of an Official State- at the rate or rates designated ment containing pertinent informa- in his bid from November 1, 1972, tion relative to tile City. For copies to the respective final maturity of that statement and the Official dates, after deducting any pre- Bid Form, or for any additional mium. information, any prospective pur' These bonds will constitute ge- chaser is referred to the under neral øbligations of the city pay- signed at tile City RaN., Dubuque, able from taxes levied upon all Iowa, or the Municipal Financial the taJOabJe property in the City Consultants to the City, !'law D. without limitation as to rate or Speer & Associates, Inc, 20 Nort' amount. Said bonds are eJ<I><!lCted Wacker Drive, Chicago, Illinois to be delivered within thirty (30) 6û6O6. Telepbone: Area 312-346-085\3, days after the sale, delivery to By Order of the City Council he made against payment in im- of the City of Dubuque, Iowa. mediately available funds at any Leo F, Frommelt mutually agreeable bank or trust City CleM company in tile City of Chicago, Dated September 5, um, Illinois, Dubuque, Iowa, or Des Councilman Pregler moved adop- Moines, Iowa, without ex¡pense to tion of the resolution. Seconded the purchaser. Sbould delivery be by Councilman Thoms. Carried by delayed heyond sixty (60) days the foilowingrote: from date of sale for any reason Yeas - Mayor Moldenhauer. except failure of performance by Conncilmen B; t t e r, Justmann, the purcha'ser, the City may can- Pregler, Thoms, cel the award or the purchaser Nays - None. may withdraw his check and there- RESOLUTION NO. 291-72 after his interest in and liabiJity BE 1T RIESOlJWID BY City for the bonds will cease. Tile City Conocil of Dubuque, Iowa that A, will furnish the printed bonds and G. Heitzma,n, City Auditor, is here- tile approving opinion of Messrs. by anthorized to execute for and Ohapman and entler, Lawyers, in hehaJ¡f of Dubuque, Iowa, A Chicago, Lllinois, together with the public entity eatablisiled under the transc1'lipt and usual closing pa- laws of the State of Iowa, this pers, including non-litigation certi- application and to file it in the ficate, and all bids may be so appropria'te State office for the Adjourned Regular Session, September 5, 1972 purpose of obtaining certain Fed- eral finaneial assistance under the Disaster Relief Act (Public Law 606, 9Ist Congress). Passed and approved this 5th day of September, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Mlan T, Thoms C. Robert Justmann Jose'ph J, Bitter Councilmen Attest: Leo F. Frommelt City Clerk 429 Pa'ssed, adopted and approved this 5th day of September, 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. 293-72 WHE.REAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and permits issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Emma Margaret Scherer, 1187 I- owa Street Arsenius A. Hanson, 139 Locust Street Leona R. Friedman, 620 East 16th Street CLASS"C" BEER PERMIT Ralph J, Grabow, 1050 University Passed, adopted and approved this 5th day of September, 1972. Wayne A. Moldenhauer Mayor Walter A. PregIer Allen T. Thoms C. Robert Justman Joseph J, Bitter Councilmen CERTIFICATION I, Leo F, Frommelt, duly ap- pointed and City Clerk of Dubuque, Iiowa, do hereby certify that the ",bove is a true and correct copy of a resolumon passed and approv- ed by the City Council of Dubuque, Iowa' on the 5th day of Septemher, Hm. Date: September 6, 1972. Leo F. Frommelt City Clerk I Councilman Justmann moved a- i doption of the resolution, Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RE,SOLUTION NO. 292-72 BE IT RESQlLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of la,w relating to tile sale of Cigar- ettes within the City of Dubuque. Attest. Iowa, be granted a permit to sell Leo 'F, Frommelt CIgarettes an~ Cigarette Papers City Cierk wIthin sOld CIty. Councilman Bitter moved adop- James Lange, 2600 Dodge Street lion of the resolution. Seconded University of Dubuque, 2050 Uni- 'by CouncÜm~n 'Pregler. Carned versity Avenue by the folloWIng vote: Mississippi Valley Milk Producers, C':'~~~lm;;' :n~: :r01~~t~~~~' Assn., Inc., 1875 University Ave, Pregler Thoms.' , Mississippi VaHey M'ilk Producers, Nays '- None, Assn" Inc. l5i46 Central Avenue 'RESOLUTION NO, 294-:72 Mississippi Valley Milk Produ~ers, WHERÐAS, applications for ~er Assn. Inc., 2311 Windsor Avenue permits were filed 'by the witlûn 430 Adjonrned Regular Session, September 5, 1972 n.amedapp. licants ,and they have \. C.'LASS "C. "...!COMMER iC'IAL) received the approval of this Coun- BEER & LIQUOR LIC'ENSE cil; and BeSSlie Sfikas, 926 Main Street \WmRlEiAS, the ¡premis.es t.o. be I William H, Baker, 1004 University occupied by such appllcants were Avenue inspected and found to comply with the ordinances of this City and they hlWe filed proper bonds, NOW 'l'HEJRiEF0RE ,BE IT BE- SOINEID by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" ,BE'E'R ¡PERMIT Emma Margaret Scherer, 11111 Io- wa Street Arsenius A, Hanson, 100 lJOCust Street Leona R. Friedman, 620 East 16th Street CUISS "c" BEER PEiRMIT Rolph J. Gral>ow, 1050 University Menne BE IT FURII1HER IW.SOLV,E)1) that the bonds filed with the ap- plications be approved, Passed, adopted and approved this 5th day of September, 1972, Wayne A, Moldenhauer Mayor Walter A, Pregler Allan T. Thoms C. Robert Justmann Joseph J, Bitter Councilmen illi i,l ,ii Attest: Leo F, Frommelt City Clerk Conncilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, councilmenB i t t e r, Justmann, Pregler, Thoms, Nays - None, RESOLUTION NO. 295-72 \WJjEIREtAS,appli"a1ions for U- quor licenses have been submitted to this Council for 'approV'al and the same have been examined: NOW 'l1ffi)RJEFORJE BE IT RiE- SOINEID by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the œmplianlCe with the terms of the roWA LIQUOR CONl'ROL MYr- OHAIPTEiR 1M-as amended ,hy the ~ 'General Assembly, 19'111. William C, O'Neill., 55 Locust Street James Richard Bainbridge, 1376 Locust Street Passed, adopted and approved this 5th day of September, 1972. Wayne A. Moldenhauer M,ayor Walter A, Pregler All.an T, Thoms C, Robert Justmann Joseph J, ,Bitter Councilmen Attest: Leo F, Frommelt Coity Clerk Couneilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTilON NO. 296-72 WHERiEAS, a,pplications for Li- quor licenses were filed ¡by the within named a.pplicants and they have received the approval of this CounW, and WHERiIDAS, the premises to be occupied by such applic,ants were inspected and found to comply witb the State Law and all City ordi- nances relevant thereto and they have filed proper bonds, NOW 11HIDREIFORE iBiEIT RiE- SQíLvœJD by the City Council of Dubuque, Iowa, that the Manager he anthorized to cause to be is- sued to the following named ap- plicants a Uiquor license. CLAiSS "c" (COMMEiRCIAL) BEER & LIQUOR \.oIC,ENSE Bessie SÐikas, 926 Main Street William H. Baker, 1004 University A""nue William C. O'Neill, 55 Locust St. James Richard Bainbridge, l375 Locust Street Adjourned Regular Session, September 5, 1972 431 Passed, adopted and approved MO'l1IIOtN DEOO FOR LAO!{ OF this 5th da'y of September, 1972. A SECOND. Wayne A, Moldenhauer There being no further business Mayor Councilman Bitter mo\'ed to ad- Waiter A Pregler journ, Seconded by Councilman All.an T, 'Thoms Justmann, Carried by the follow- C, Robert Justmann ing vote: Joseph J, Bitter Yeas - Mayor Moldenhauer, Councilmen Councilmen ,B i t t e r, Justmann. Attest: Pregler, Thoms. Leo F. Frommelt Nays - None, City CIeri!: ~o F, Frommelt Coity Clerk Councilman Bitter moved adop- tion of the resolution, Seconded I A d b .Co . ¡¡. p. 1 C 'ed I pprove ....................................1972 y unc man reg er, am by the following vote: CoY~~, - M~yor MoJldenha.uer, I Adopted ......................................1972 nn~men BIt t e r, ustmann, Pregler, Thoms, Na,ys - None, Councilman Bitter moved tlIat the City Solicitor draft legislation to prohibit smoking in the Council Chamber during official Council sessions, Seconded ¡by Councilman Justmann, Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Nays - Councilman Thoms. Councilman Bitter moved to amend 'present Ordinances to eli- minate necessity to have roll call vote . on rec. eiving and filing com. I Attest: ..,...............................,............. munications, City Clerk """"""""""""""""""ë~~;:;~Ïi;;;~;:;'" Special Session, September 11, 1972 on August 26th while the so called Chosen Few Gang was in the City, Councilman Bitter moved that the statement be received and IDed. Seconded by Couœilman Pregler, Carried by the following vote: Yeas - Mayor Moldenhauer. Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mrs. Fred Cole of 218 E. 13t' Street told of burning of cats and B-B shot at her windows, Mr. Joe Adams of the Adams Tap related incidents that happened in his ta- vern the night of August 26th, The Chosen Few Motorcycle gang us-" clubs and chains and roughed up his wife along wtith the customers Mr, Ail Weitz of 2009 Burden was of the opinion that there is not enough manpower on the police force. Mrs. Rhonda Donath stated that they have been molested in the area of 13th street for l' last two years. Mr. Ken Fischer a former policeman, stated that the City has a good police force but was critical of the Chief, Mr Koerperick, a recently reSligned po- liceman, according to Mr. Fischer was a good officer. 432 CITY COUNCIL Special Session, September 11, 1972 433 --------'-- - -------- Councilman Bitter. Ca,rried hy the following vote: Yeas - Mayor Moldenhauer" Councilmen Bit t e r, Justmann, I Pregler, Thoms. Nays - None. I September 7, 1972 The City of Duhuque and ' The Dubuque Park Board Mr. Edwln B. Lyons, who was a œsldent of Dnbnque, passed away on September 14, 1970, As you a,re aware, Mr. Lyons was greatly interested in the cultural and civic advancement of the City of Dulbuque. During his lifetime, he demonstrated this in many ways including the estahlisment of the well known "Peony Trail" a' n d through his many donations to va- rious civic, ch"rita'Me and educa- tional organizations connected with the Dubuqueland are,a. Mr. Lyons' estate was adminlstered hy his son, Edwin Lee Lyons and The First National Bank of Duhuque, as Co-Executors of his estate. That administration is now complete and Item 4 od' his W,u provides as follows: "All tile rest, residue and re- mainder of tile property which I own at the time od' my death ,of whatsoever kind, hoth real and personal and wheresoever sltuat- ed and including property which I hereafter a'cqtnre as well as that which I now own, I give, devise, and bequeath to First Na- tional Bank of Dubuque, Iowa, my son, Edwin Lee Lyons, a,nd Robert W. Olewell of Duhuque, Iowa, as truste.es without bond, for the uses and purposes herein set out and with all of the powers given to my trustees by the sub- seqnent terms and provisions of this will. It is my will and I direct that this trust fund shall I be dedicated in the uncontrolled discretion od' my trustees to the purpose of acquiring additional park a,reas for the City of Du- buque, Iowa, either within or with- out the corporate limits, and the development of such areas into parks and playgrounds, a forest preserve or a nine-hole par 3 golf course, it being my will and direction that the fund may be used for any or all of such pur- poses, I am not averse to using part of the fund for prowding (OFFICIAL) Special session, September 11, Council met at 7:30 P,M. (D.S.-..,) 1972, Present - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms, City Manager Gil- bert D. Chavenelle, Mayor Moldenhauer read the call and stated that service tbereof had been duly made and this meeting is called for the purpose of CON. SI,DERING THE AUTHORIZA. TlON OF THE EXECUTION OF P,ROPOSED AGREEMENT FOR THE PURCHASE OF URBAN RE- NEWAL P,ROPERTY TO C A N- FIELD HOTEL INC. and acting upon such other business as may properly come hefore a' regular I meeting of the Council. Communication of James E. Os- tert requesting to be placed on the agenda to read a report to the Council in the ;Police Ohief O"Brien case. Councilman Pregler moved that the communication be received and filed. Seconded hy Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Mayor Moldenhauer moved that Pregler, Thoms, the Manahl statement, along with Nays - None. the testimony given hy the resi- Communication of Dubuque Po- dents, he referred to the Mayor licemen's Protective Assn. object- and Council for study and con- ing to the discussion of police po- sideration, licies in an open forum, present- ed and read, Councilman Pregler Communication of Mrs. Aule2r. moved that the communication be C. Eherhardt heing of the opinion received and filed. Seconded hy that if a freeway is to he found Mayor Moldenhauer. Carried by necessa,ry that it be routed around the following vote: and not through the City, present- Yeas - Mayor Moldenhauer. ed and read. Councilman Justmann Councnmen Bit t e r, Justmann, moved that the communication be Pregler Thoms. received and filed, Seconded by Nays' - None. Councilman BItter, Carried hy the Councilman Pregler moved that followmg vote: the ru1es be suspended in order Yeas - Mayor Moldenhauer, to let anyone present address the Councilmen Bit t e r Justmann Council if they so desire. Secon~ed Pregler, Thoms,' ' by Mayor ~oldenhaner. Carned Nays - None. by the followmg vote: Yeas - Mayor Moldenhauer, Communication od' Jean Hillery Conncilmen Bit t e r, Justmann age 13, making an appeal for pas: Pregler, Thoms. sage of legislation covering bicycle Nays - None, paths in the City, presented and Mr. Don Manahi read a state- read. Mayor Moldenhauer moved ment to the City Council rel.tiv- \ that the communication be re, to the incidents which happened ¡ ceived and filed. Seconded by a baseball park, athletic field or recreation center and equipping the same, Upon a,pproving an)' proposed purchase or improve- ment as herein contemplated, the trustees are authorized and di- rected to pay and distribute from time to time to the Dubuque Park Board or to the City of Dubuque, as tbe case may be, so much of the trust fund as the trustees deem suitable and appropriate in carrying out the objects and pur poses of the trust as herein ex- pressed." The funds of the above trust are presently invested in high grade stocks and bonds having a present market value of approxi- mately $290,000,00. It is a pleasure for the trustees of this trust to be a,ble to com- munica'te this information to you Sincerely, Edwin Lee Lyons Robert W, Clewell National Bank of Dubuque First By: Thomas K. Killion Vice Preident and '!'rust Oifiœr Councilman Pregler moved that fue communica-tion.be received and filed and the City Solicitor be instructed to draft a resolution of thanks. Seconded by Mayor Mol- denhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of League od' low wa Municipallties relative to plan of action as to informing the Le- gislature of desired legislation for 1973. (forward from meeting of Septemher :ith) presented and read. Mayor Moldenhauer moved that the communication be referred to the Coundl meeting scheduled for September 25th. Seconded by Councilman Preg'ler. Carried by the foliowing vote: Ye,as - Ma,yor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None. Communication of Dubuque County Democratic Club submitt. ing a resolution opposing the north, south freeway plan as presently proposed, presented and read. 434 Special Session, September 11, 1972 Councilman Justmann moved that desire to have your approvai on the communica,tion he received and same. filed. Sec,onded hy Counc~man Bit: SIDEWALK ter, Carried by the followmg vote. . Yea - Mayor Moldenhauer, RIchard Ruden, Merchants Mutual . 'J Bonding Company Councilmen Bit t e r, ustmann, Gi1bert D, Gbavene'lle Pregler, Thoms, City Manager Nays - None, Councilman Bitter moved filing September 5, 1972 approv,al of tile bond subject to To th~ Honor~1e Mayor approval of the City Attorney. Se- and Coty CoUlrell,. conded by Coundman Thoms. Car. The area PhylJrlch Drlve-Nor- ried by the followmg vote: land Drive-Keystone \?rive bas Yeas - Mayor Moldenhaner, been inspected by the cIty electro- Councilmen Bit t e r Justmann cal insp""tor and it is recommend- Pregier, Thoms.' , ed that four 175 watt mercury Nays - None. vapor lights be mounted at the foilowing loœtions: September 11, 1972 At the property line between To the Honorable Mayor 1877-1885 Phyllrich Drive. and City Council At the intersection of Phyllrich It is requested that Leo From- and Keystone Drives. meilt, City Clerk, be permitted to At the property line between sign city pa!pers on behaH of the 1874.18æ Norland Dr,ive. City Manager during my absence At the intersection of Norland from the city September 15 throngh and Keystone Drives, September 22, 19'12. Gilbert D, Chavenelile The city papers will in large City Manager part consist of eXipeDse vouchers. Councilman Bitter moved appro- Gilbert D, Gbavenelle val of the rec~mmendation. Se- \ City Manager cond ed by Councilman Th oms. Car- C il. B'~ ed .~ t ried hy tile following vote: ' ounc man l,~r mOY wa Yeas - Ma'yor MoMenhauer, the reque~ be approved, Secon~d Co il, B.' t t e Justmann I hy Coun~ilman Pregler. Carried unc men 1 r, ' by the following vote: Pregler, Thoms. Yeas - Mayor Moldenhauer, Nays - None, Councilmen Bit t e r, Justmann, September 7, 1972 Pregler, Thoms, To the Honorable M'ayor and Nays - None, City Cound Notice of claim of Kim Schnee, I am returning to you the pe- in the amount of $95,00, for loss tition requesting street !ighting on of bicycle which was crushed under Greenfield Street. a retaining wall that collapsed on Tbe location has been viewed Mthanser Street during a storm and it is recommended that a 175 of August 1, 1972, presented and watt mercury vapor light be in- read, Councilman Bitter moved stalled at the property line be- that the notice of claim be re- tween 615 and 625 Greenfield ferred to the City Solicitor for Street. proper action. Seconded by Coun- Gilbert D, Cbaveuelle eilman PregJer. CalT,ied by the City Manager fo1!owing vote: Conncilman Bitter moved appro-; Yeas - M'ayor Moldenhauer, val of the recommendation, Se- i Councilmen Bit t e r, Justmann, conded by Coun"¡¡man Thoms. Car Pregler, Thoms, ried by the following rote: Nays - Nolie, Yeas - Mayor Moldenhauer, Notice of claim of Mrs. W. J. Councilmen B i It e r, Justmann, Uthe of 2850 White Street. in the Pregler, Thoms. amount of $171,95 for eXipense and Nays - None. damage incurred as tile result of September 7, 1972 a baêked-up sanitary .sewer on 8- To the Honorable Mayor 2,72, presented and read, Council- and City Council man Bitter moved that the notice This is to advise that I have of c'laim be referred to tile City approved the following bond and Solicitor for investigation. and re- Special Session, September 11, 1972 435 port. Seconded by Councilman I Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms, Nays - None, Notice of claim of Priscilla E. Dreesens, in tbe amount of $129.63, for car dama'ge incurred as tile result of driving into an excava- tion in E, 16th Street between Sy- camore and Cedar Streets on Au- gust 23, 1972, presented and read. Councilman Bitter moved that the notice of claim be referred to the City Solicitor for investigation and report, Seconded hy Councilman Ptegler. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, I Pregler, Thoms, Nays - None. Notice of claim of Kathryn Mary Grwhow, in the amount of $35,00, for car damage incurred as the result of driving into a hole in the street at 1100 S, Grandvi",v Ave, on Septemher 1, 1972, pre- sented and read, Counei1man Bit- ter moved that the notice of claim he referred to tile City Solicitor for investigation and report. Se- conded by Councilman Pregler. Carried hy the following \'Gte: Yea's - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None, Notice of êlaim of Richard E, Welu in an undetermined amount, I for personal injuries received while riding in a car when said car was struek by a fallen tree limb on Pierce Street on July 11, 1972, presented and read. Councilman Bitter moved that the notice of claim be referred to the City So- licitor for investigation and report, Seconded by Councilman Pregler. Carried by the f<>llowing rote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None. Notice of claim of Dixie Jane Welu, in an undetermined amount, for personal injuries received while riding in a car when said car I was struck by a fallen tree 11mb on Pierce Street on July 11, 1972. presented and read, Councilman Bitter moved that the notice of claim he referred to the City So- licitor for investigation and report. Seconded by Coun'cilman Pregler. Carried by the following vote: Yeas - M,ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None, Petition of Frank Hardie Adver- tising Inc. requesting permission to install a small sign at the Union Bus Sta'tion in the U"ban Renewal area, presented and read. Council- man Justmann moved that the pe tition be referred to the Council meeting scheduled for September 25th and the petitioners be noti- fied. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Richard & Shirley Fuerst requesting vac'ation and purchase of an aUey to 1Jhe rear of their home at 1895 Roosevelt St., wlrich is now being used by the neighbors to park boats and cars, presented and read. Council- man Bitter moved that the petition be referred to the City Manager, Engineer and l'lanning & Zoning Commission for investigation and report. Seconded by Councilman Pregler, Carried -by ,the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, !'regier, Thoms. Nays - None. Petition of Newt Marine Service requesting ~onsideration as to the possible ,purchase of Dubuque Boat and BoHer property located in the harbor, presented and read, Coun- cilman Justmann moved that the petition he referred to the City Mana,ger 'and City Sollcitor for in- vestigationand report. Seconded by Councilman Bilter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen B; t t e r, Justmann, Pregler, Thoms. Nays - None, Petition of Dubuque Senior High School requesting permission to conduct a homecoming parade on October 13, '1972, presented and read. Mayor Moldenhauer moved that the petition be approved and referred to the City 'Manager, Be- 436 Special Session, September 11, 1972 RESOLUTION NO, 297-72 w:HEiRiEIAS the City Manager has reported to the City Council that the Imildings and premises located on Lot 83 in Langworthy Addition, known as 2560 Elm Street in the City of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of their condition and that demand has been made by him upon Mr. & Mrs. Milton J. Bader, 517',1, LorasBlvd., Du- huque, Iowa, as owners of said property that fue condition com- plained of he corrected and that \ said owners have f. ailed to correct Section 3. Tha.t upon com¡pletion the condition¡¡ ,within the time pro- of said work, the City Manager vided by the notice; and, I shall certify the cost thereof to WBiEJ¡;EAS on August 21, lOOI!, the City Clerk. the City Council set said report Section 4. That upon receipt of down for hearing at 7:30 o'clock said certificate of cost from the p.M, Central Daylight Time, Sep- City Manager, the Oity Clerk shall tember 11, 1972, in the City Council thereupon certify said cost to the Chamher in the City Hail in the County Auditor of Dnhuque Conn- City of Dubuque, Dubuque County, ty, Iowa, and it sihatl be collected Iowa, and directed the City Clerk with and in the same manner as to give notice of said hearing; general property taxes. and, Section 5. That the City Clerk WlHERiEAS it appea,rs by return be a,nd is hereby directed to re- of sefflce now on file in the re- cord a certified co.PY of this Re- cords of the City Council that no- s"lution in the office of the County tice of said hearing was given Recorder of Duhuque County, 10- by ser"ing hy 'Registered 'Mail on wa. conded by Cound1man Pregler, Carried by the following vote: Yeas - Mayor Moddenhauer, Councilmen Bit t e r, Jnstmann, Pregler, Thoms. Nays - None. Proof of puJ¡Ilication, certified to by the publisher, and proof of receipts by registered mail, to Mil- ton J. & Byrdena Bader, of notice of public hearing to consider City Manager's report on condition of property located at 2560 Elm Street, presented and read. Mr. Milt Bader addressed the Council by sta-ting that he would like to sell the property as it is. Councilman Pregl.er moved that the proof of publication ,be re- ceived and filed. Seconded by CouncrumanBitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Angust 24, J.972, and by publica- tion in the 'Telegra¡ph Herald news- paper on Angust 25, J.972, and, WHiE'ltEiAS pursuant to ,said no- tice on order of the City Council a pubilic hearing was held at 7:30 o'clock P.M. Central Daylight Time on September 11, 19'm, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the ahove described real estate were afforded an opportunity to be heard and witnesses concern- ing the 'condition of the property and the ha.ard was heard; and, WŒffiIR,EiAS the Council has duly considered the testimony of the wiinesses and viewed the premises and has reached its determination. NOW, TRE,RJEFORE, BE ur RESOLVED BY 11HIE CITY COUN- CIL OF THE CITY OF DUBUQUIE, IOWA: Section 1. That the structure known as 2560 Elm Street and located on Lot 83 in Langworthy Addition, in the City of Dubuque, Dubuque County, Iowa, be and the same a're hereby fuund and de- clared to be dangerous to life, health and .property and a nui- sance: Section 2, That the City IMana'ger be and he is hereby authorized and directed to cause the structure kn<>wu as 2560 Elm Street and located on [.ot 83 in Lanworthy Addition in the City of Dubuque, Dubuque County, Iowa, to be dis- mantled and removed, i /1;. ii ~. Special Session, September 11, 1972 437 Passed, adopted and approved sued upon the compliance with the this 11th day of September, 1972. terms of the ordinances of the Wayne A. Moldenhauer City. Mayor CLASS "B" BEER PERMIT Walter A. Pregler I1heodore J. Ferring. 3&\ East 13th Aillan T, Thoms StTeet C, Robert Justmann Passed, adopted and approved Joseph J, BItter this 11th day of September 19m Councilmen Wayne A, Moldenh'auer ' Attest: Mayor Leo. F. Frommelt Walter A. Pregler CIty. Clerk Allan T. Thoms CouncIlman Pregler moved adop- C Robert Justmann tion of the resolution. Seconded J~seph J. Bitter by Mayor Moldenhauer. Camed Councilmen by the followmg vote: Attest: Yeas - M~yor Moldenhauer, Leo F. Frommelt CouncIlmen BIt t e r, Justmann, City Clerk Pregler, Thoms. Councilman Bitter moved adop- Nays - None, . . , tion of the resolution. Seconded Proof of Pubhcation, ~ertified to by Councilman Thoms. Carried by by the Publisher, of notice of puh- the following vote: hc hearmg for the purpose of con- Yeas - Mayor Moldenhauer, sidermg authOriZatIOn of the exe Counctlmen Bit t e r Justmann cution of proposed agreement for Pregler Thoms' , the purcha,se of Urban Renewal Nays '- None' property to Caufield Hotel Inc.. . presented and read. RESOLUTION NO. 299.72 Attorney Charles Kintzinger ad- WHEREAS, applications for Beer dressed the Council in behalf of Permits were filed by the within Mr, Soherrer, owner of the Can- named a.ppJicants and they ha've field Hotel, in support of the pro- received tbe approval of this Coun- posed purchase. Mr, Wittenberg cil, and announced that the a>proval of WREiR,EAS,tbe >remises to be sa,le on this property has not been occupied by such applicants were approved a's yet by HUD. inspected and found to comply with Councilman Pregler moved that the ord'inances of this City and the proof of publication be re- they have filed proper bonds; ceived and filed. Seconded by Ma- NOW THEREFORE BE IT RE- yor Moldenhauer, Carried hy the SOLVED by the City Council of following vote: the City of Dubuque, Iowa, that Yeas - Mayor Moldenhauer, th, Manager be authorized to cause Councilmen Bit t e r, Justmann, to .be issued to the following named Pregler, Thoms. applicants a Beer Permit. Nays - None. CLASS "B" BEER PERMIT Councilman Justmann moved ap. Theodore J. Ferring. 3&\ East 13th proval of the sale to Caufield Ro- Street tel Inc. subje'ct to approval of BE Iff FUR'I1H.ER RESOLVED IIDD. Seconded by Councilman Bit- that the bonds filed with the ap- ter. Carried .by the following vote: plication be approved. Yeas - Mayor Moldenhauer. Pa'ssed, adopted and approved Councilmen Bit t e r, Justmann, this 11th day of September. 1972, Pregler, Thoms. Wayne A. Moldenhauer Nays - None. Mayor R,ESOLUTION NO. 298.72 Walter A. Pregler WEiEREiAS, app!ic:>Hons for Beer Allan T. Thoms Permits have been submitted to C. Robert Justmann this Council for a,pproval and the Joseph J. Bitter same have been examined: NOW Councilmen 'IHE'RE'FORE, Attest: BE ur RESOLVEID by the City Leo F. Frommelt Council of the City of Dubuque, City Clerk Iowa, that the following applica- Councilman Bitter moved adop- tions be granted and permits is. lion of the resolution. Seconded Special Session, September 11, 1972 Passed, appro\'ed ..nd adopted this 11th day of September, 1972. Wayne A, Moldenhauer 'Mayor Walter A, Pregler Allan T, Thoms C, Robert Justmann Joseph J, Bitter Councilmen Attest: Leo F, Frommelt City Olerk CoUllCilman Justmann mo\'ed adoption of the resolution, Second- ed by Councilman Bitter. Ca,rried by tile following rote: Yeas - Mayor Moldenhaner, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None. There being no further business Councnman Pregler moved to ad. journ, Seconded by Councilman I Bitter, Carried by the following vote: Yeas - M,a'yor Moldenhauer, Counciimen Bit t e r, Justmann, Pregler, Thoms, Nays - None, Leo F. Frommelt City Clerk 438 Special Session, September 11, 1972 by Councilman Thoms, Carried by the foliowing vote: Yeas - Mayor Moldenhauer, Councilmen B ¡ t t e r, Justmann, Pregler, Thoms, Nays - None, ~ESOLUTION NO. 300-72 WIHERÐAS, applications for Li- qnor licenses have been submitted to this Council for approval. and the same have been examined, NOW 'l1H!EREFORE BE IT RE- SOINEID hy the City Council of the City of Dnhuque, low.. that the following a,pp1lcations be grant- I ed and licenses issued upon the compliance with the terms of the IOWA IJlQUOR 0QNmR0L ~ (JHM'Œ'ER 131--as amended by the &Ith General Assembly, 19711, CLASS "C" (COMMERCIAL) &E!ER & I.IQUOR LICENSE Olarice E, Ad..ms, 1091 WiJlite Street Duane C, Koeller, 1701 Asbury Street Passed, adopted and approved this 11th day of September, 1m2, Wayne A. Moldenhauer Mayor Walter A, Pregler Allan T. Thoms C, Robert Justmann Joseph J, Bitter Conncitmen Attest: Leo F, Frommelt City Olerk Councilman Bitter mo\'ed adop- tion of the resolution, Seconded by Councilman Thoms, Carried by the following vole: Yeaß - Mayor Moldenhauer, Counciilmen Bitter, Justmann, Pregler, Thoms, Nays-None. RESOLUTION NO. 3O1.n WŒJiÐRIEAS, applications for Li- quor licenses were filed by the within named alPplicants and they have received 1M IIIIIfOftI of t\>I3 Council, and WIllEREiAS, the premises to be occupied by such applic..nts were inspected and found to comply with the State LIIIW and all City ordi- nances relevant thereto and tiley have filed proper bonds, NOW 'l1HE~ BE Iff RJE, SOIN1ED by tile Olty Council of Dubuque, Iowa, that the Mana,ger be authorized to cause to be is. sued to the foJ!.owing named ap- plicants a Liquor license. C,LASS "c" (COMME!RCIAL) BEE!R & LIQUOR L;lC,E,NSE Clarice E, Adams, 1091 White Street Duane C, Koeller, 1701 Asbury Street Passed, adopted and approved this 11th day of Septemiler, 11m!, Wayne A, Moldenhauer Mayor Waiter A, 'Pregler Allan T, Thoms C, Robert Justmann Joseph J. Bitter Councllmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adGP- tion of the resolution, Seconded by Councilman Thoms, Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit tor, Justmann, Pregler, Thoms, Nays-None, RESOLUTION NO. 302-72 WIHER-EiAS, the people of the City of Dubnque, Iowa were shock- ed at the receDi episodes resulting in tile deatll of eloven I...aeli Oly. mpic athletes; and WŒlER-EiAS, the City Council of the City of Dubuque, Iowa speak- ing as the voice of the peopie of the City of Dubuque, Iowa de- sire to eJ<press their heaTtfelt sym- pathies to the people of Israel: NOW 'l'IJiERiF'ORE BE Iff RJE. SOINæ:ID BY 'l1HE CITY OOUlNlCliL OF 'l1HE am'Y OF DUIBUQUIE, IOWA: Section I. That the Mayor be ..nd iIe is bereby authorized and dir8èted to oencI commUlÙ'C8tion to the Israeli Embassy at W"shing- ton, DoC, expressing the heartfelt symp..tbies of the City Council ol the City of Dnhuque, Iowa for and on behall of the people "'the City of Dubuqne, Iowa to the fa. milies and to the people who lost a, priceless treasure in the death of the Israeli Olympic athletes. 439 Approved ,.........,........,...............,1972 Adopted ".........................,...,....,.1972 ..,.....................................................,.., ......,..".............................."......,........,. ,........,.,.,..................................,........... ............................................................ """"."""""""""""""ë~~~¡¡;;;~"" Attest """""'citÿ"ëi~;t"""""""""" .1!lillillllll!~il.1 "!!I!I!l'tII!I!!III!~~" CITY oÇF~~NCIL \ Special session, September 18, 1972. Council met at 7:30 P,M. (D.S.T.) Present - Mayor Mold...hauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Absent - City Manager Gilbort D, Chavanelle (out of City) Mayor Moldenhauer read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting a public hearing on the receipt of bids for the construction of Dome Covers and Grading for the Waste Wate'r Treatment Faci. lities and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Dubuque Board of Realtors submitting a resolution passed by their body on September 13, urging the Coun- cil to vote fa"orabJy for the pro- posed Freeway. presented and read. Councilman Pregler moved that the communication be re- ceived and filed, Seconded by Councilman Justmann. Carried by the fallowing vote: Yeas - Mayor Mdldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None, Communication of League of Wo- men Voters suggesting the appoint. ment of a Citizens Committee in planning and representing all areas of the community in the develop- ment of tbe freeway, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Justmann. Carried hv the following vote: . Yeas - Mayor Moldenhauer. Councilmen Bit t e r, Justma-nn, Pregler, Thoms, Nays - None. Communication of John P. Sch- reiber et ux, suggesting that the Council consider all aspects and impact of tbe freeway on the com- munity and not just the economics of it, presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Councilman Special Session, September 18, 1972 Justmann. CaNied by the follow. ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays - None. September 12, 1972 Honora,hle Mayor and Council MeI11ihers In accordance with the respon- sihilities of the Dubuque Planning and Zoning Commission as pre- scribed in Chapter 373 of the Code of Iowa, we herewith aubmit this report and our recommenda'tions on the Dubuque North-South Free way Corridor Study. The Dubuque Planning and Zon- ing Commission ha's endeamred to maintain a Comprehensiw Plan for the orderly, unified develop- ment of the entire community. The Comprehensive Plan for Duhuque, or G-men Plan, has anticipated se- veral long term trends in the Cor. ridor Study Area that run counter to local goals for a stabJe and attractive community. The purpose of this report is to re-examine the Comprehensive Plan and its goals for the further development of the Corridor Study Area, and to evaluate the proposed North- Scuth Freeway location in relation to that Plan. We have also recommended se- veral steps which we feel would be essential to the success of the Freeway design process. We hope you wi11 find them helpful. George Deininger, Chairman Councilman Pregler moved that the communic'ation be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e' r, Justma-nn. Pregler, Thoms. Nays - None. Communication of Kiwanis Chrb calJing attention to "Kiwanis Kids Day Peanut Sale" and submitting a list of projects showing that over $6000. was given to various youth groups. Mayor Moldenhauer moved that the rule's be suspended in order to let anyone address the Council if they so desire. Seconded by Councilman Pregler. Carried by the following vote: 440 Special Session, September 18, 1972 Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None. Mr. Glenn Johnson of Kiwanis submitted an activity report, Coun- cilman Pregler moved that the communication ,be received and filed and Council fuily support the proj""t, Seconded by Councilman Bitter, Carried by the foilowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit ,t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Dubuque Pip- ing Contra'ctors Assn. Inc. wishing to be recognized a. an organiz'a- tion and bargaining party and to work on any committee, presented and read. Councilman Pregler moved that the communication be referred to tile Manager and Per- sonnel Director for investigation and report. Selconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Counci1men Bit t e r, Justmann, Pregler, l1homs. Nays - None. September 13, 1972 To the Hionorable Mayor and City Council On September 12th, the Dubuque County Democratic Central Com, mitt.. requested a permit to walk from Loras College with R. Sargent Shriver to 1125 Main St. and as- semble. Due to the timmg of the reqnest permit #268 was issued for Thurs, day, September 14th, commencin¡ at 3:30 P..M. Gilbert D, Cha¥enelle City Manager Mayor Moldenhauer moved to conCur in the acoon of the Mana- ger. Seconded by Councilman Just- mann. Carried by the following \'Ote: Yeas - Mayor Molden,hauer, Councilme,n Bitt e r,. Justmanr I' Pregler, Thom's. Nays - None. September 14, 1972 To the Honoralble MayOr and Oity Council I am returning a petition fc street lights on Pinard Street. The Area has been inspected a' it is recommended that a 4000 lumen incandescent light be ir 441 stalled at the rear property Uoe between 25(14 and 2540 Elm Scr Gilbert D, ChavenelIc City Manager Mayor Moldenhauer moved ap- proval of the recommendation. S: conded by Councilman Justmann, Carried by the fol1owing V( Yeas - Mayor Moldenhaucr, Councilmen Bitt e r, Justm Pregler, Thoms. Nays - None. September 13, 1972 Honorable Mayor a,nd City Council During the extensive negotiations for ,the securing of ea'semenis and rights-of-way in connection with thE entire flood control program one item has remained outstanding and that is the finalizing of negotia- tions with Mr. John Luber. As you know, Mr, Luber Owns a parcel of real estate immer'.; Iy adjacent to Moldt Electric on the east and abutted Front Street and by reason of the erection of tbe flood wa'll the access to t' Luber property was materilly af- fected thereby necessitating COm- pensation to Mr. Luber for the denial of access to and from his property as relates to Front Street. Extensive negotiations have been held with Mr. Luber who has fi. nally made offer of settlement in the amount of $1,000.00 and it is the recommendation of the City Attorney that said offer of settle- ment be accepted and the City Audik>r be instructed to draw war- ra,nt paya!hle to Mr. Luber and trans'mit same to the City Attor- ney for delivery to Mr. Luber Upon receipt of duly executed releases and discharges. R, N. Russo City Attorney Councilman P,re!1er moved ap- proval of the rec'ommendation. Se- conded hy Councilman Justmann. Ca.-ried by the following ¥ote: Yeas - Ma'yor Moldenhauer. Councilmen Bit t e r, Justma,nn, Pregler, Thoms, Nays - None. September 14, 197'2 HonoraJble Mayor and City Council On March 2, 1972, Patricia M. Scott wa's awarded $5,000.00 by District Court jury after the tria'l thereof, and judgment entered against bite City accordingly. Special Session, September 18, 1972 443 442 Special Session, September 18, 1972 Since the return of the jury ver- and wife, in tile amount of $200.00 dict, tile Qity Attorney's ~ce ha- and transmit same to the City At- made the usual post-trial motions, torney for delivery to LeRoy Stei- aU of which have been overruled, nes and Betty Steines upon receipt The plaintiff has made an offer of executed release, of settlement of sa,id jury verdict Original claim is returned here- for the total sum of $4,250.00 and with. the costs of the proceedings, and R, N. Russo said amount be payaible in the City Attorney amount ~ $2,250,00 presently and Councilman Pregler moved alp- the remaUlder of $2,000.00 payable proval of the recommendation, Se- on or before January 5, 1973. conded by Councilman Justmann. It IS the recommendation of tile Carried by the following vote: City Attorney's office that said of Yeas ~ Mayor Moldenhauer, fer of, setIJlen;ent be ~c,cepted and Councilmen Bit t e r, Justmann the City Auditor be instruc,ted.:o Pregler Thoms, ' dra,w warrant payable to Pa,trIC13 Nays' - None Scott and her attorney, Victor H - .. Sprengelmeyer in the sum of Notice of OJaim of E, D, For- $2,250.00 and transmit s,a,me to th< slund, III the am~unt of $1711,00, City Attorney for delivery to plaIn, for car da".'a;ge ,:""urred as the tiff npon presentation of pa'rtia, r~sult of dnvrng Illt~ an excava- satisfaction judgment, tion on North Grandvaew on 9-011-72, Court costs in the amount presented and read. M'ayor Mol- $92,18 be paid. Copy of the pro- denhauer moved that, the <;i'~im ceedings is attached hereto. be referred to the City SolicItor R N Russo for investigation and report, Se- City Attorney conded by Councilm~n Pcegler. Councilman Pregler moved ap-- Carried by the followmg vote: prov,al of the recommendation. Se Yea~ - M~yor Moldeni1auer, conded by Councilman Justma,nn, Councilmen BIt t e r, Justmann, Ca,rried by the followin¡g vote: Pregler, Thoms, Yeas - Mayor Moldenhauer, Nays - None, Councilmen Bit t e r, Justmann, Notice of Claim of Gener,al Oa- Pregler, Thoms. sualty ad"ising the City of its lia- Nay. - None. bility in the ca,se of Mrs, Modesta September 15, 1972 Kemp falling on a defective side- Honorable Mayor walk at 52 Bluff Street, which is and City Council owned by their insured John V. Mr. and Mrs, LeRoy Stetmc Backes, said injury happened on 2104 Andrew Court, this City, fHed August 24, 197,2, presented and claim against the City of Dubuque read. Mayor Moldenhauer moved in the amount of $250.00 a's the that the notice of claim be referre<l result of damages resulting from to the City Solicitor for investi- a backup of sewec. ga-tion and report, Seconded by This ma,tter has received exten- Councilman Pregler. Ca,rried by sive study and examination and the follow,in.g vote: survey and the v'arious points of Yeas - Mayor Moldenhaue,r, contention ha,ve appeared through- Councilmen Bit t e r, Justmann, out this proceedings to suggest ex- Pregler, Thoms, tensive and protracted litigation Nays - None, for the City of Dubuque in the Noitce of claim of Raymond L, event that said claimants desire Martin, in the amount of $60 for to pursue their claim, car damage incurred on Rockdale Accordingly, the elalm,anta haw Road on September 13, 11172 due made an offer of compromise and to condition of gra"el and mud settlement of all their claims for on the road as the result of a the snm of $200,00 and it is the storm, presented and read. M'ayor recommendation of the City At- Moldenhauer moved that the no- torney's office that said offer of tice of oIaim be referred to the settlement be accepted and that City Solicitor for investigation and the City Auditor be instructed to report. Seconded by Councilman draw warrant payable to LeRoy Pregler. Oa,rried by the following Steines and Betty Steines, husband vote: Yeas - Mayor Moldenhauer, I Councilmen Bitter, Justmann, Pregler, Thoms, Na~s - None. Notice of claim of Myron Hames, in the amouut of $29.Œ3, for ex- pense incurred as the result of a hacked-up sewer at 1190-92 Rose- dale on August 2, 1972, presented and read, M,ayor Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Se- conded hy Councilman Pregler. Carried by the followin'g vote: Yea. - M,ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Delos DomveHer re- questing rezonin.g of Lot 10 of Block 3 of Mettel Link Sub, from its present classification to Busi- ne'ss U'B" c!ass-i!ication, presented and read. Councilman Pregler I mo\'ed that the petition 'be referred to the Plannin.g & Zoning Com- mission, Seconded by Councilman Thoms, Carcied by the following vote: Yeas - Mayor Moldenl1auer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays - None, Petition of Merl F. & Margaret E, Goerdt requesting annexation of :t1 acres frontin,g on Sheridan Road and Peru Road and rezoning of Multiple Residonce District and wbsection (m) thereof to allow a mobile home park on the fol- lowing described property: Lot 1 of 1 of 1 of 3 of 1 of Sub, of Lotlof1ofiandLot2of 1 of 1 of M. L. 3I?4, Section 12, Twp 89 N, R. 2 E. 5 p, M. and I lJot 1 of 1 of M, L. 323, Lot 1 of 1 of 2 of M, L, 324, and Lot 94 in O'Neills llivervlew in Dubuque Twp, presented and read, Councilman Justmann moved that the petition be referred to the City Manager for proper procedure. Se- conded by Councilman Pregle,r, Carried by the followin.g vote: Yeas - M,ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None, Petition of Brrolœide Dairy lI>C, reqnesting a refund of $75 on the uneJ<>ired portion of cigarette li- cense No, 239, as they ha,ve dis- continued husiness on 9-5-72, pre- sented and read. Councilman Preg- ler moved that the refund be grant- ed and the Auditor instructed to issue proper warrant. Seconded by Mayor Moldenhauer. Carried by tbe foUowing vote: Yeas - Mayor Moidenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None, Petition of William L. Mc, Donough requesting a refund of $225 on the unexpired portion of Class B Beer permit No, 265ß, a:s he has discontinued business on 9-9-72, presented and read. Conncilman Pregler moved that the refund be .granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Mol- denhauer, Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Preg[er, Thoms, Nays - None, RESOLUTION NO. 303-72 WilIJEREo\S, on the 21st day of August, 11172, the City of Dnhuque, Iowa, for va,uaible consideration, did quit claim unto Sisters of St. Francis of Dubuque County, Iowa and Mt. Calvacy Cemetery A.socia- tion all of its right, tiNe and in- terest in part of a pltbllc street lyin¡g within portions of Bethany Addition and St. Franc!s Subdivi- sion in the City of Dubuque, Iowa, all pursuant to (1) Ordinance No, 44-72 vacating said street, (2) pub- lished notice of the time and place of hearing to consider the propos,al to dispose of the interest of the City of Dubuque, Iowa in and to said publlc street, and (3) Reso- lution No, 269-72 disposing of any interest of the City of Dubuque, Iowa in said re",l estate and au- thorizing and directing the execu- tion and delivery of deeds of con- veyance to Sisters of St. Francis of Dubuque County, Iowa and Mt. Calvary Cemetery Association quit cla'imïng any and aùil interest of the City of Dubuque, Iowa in said real es,tate; and WIIEiREC'\S, s,aid real estate va, cated and disposed of by the City of Dubuque, Iowa was described in said quit claim deed's executed and delivered to Sisters of St. Fran- cis of Dubuque County, Iowa and Mt Cal\'ary Cemetery Association Special Session, September 18, 1972 hy reference to a plat which had, division (except the west 40 feet not yet heen filed of record; and of the north 1æQ feet thereof), WBiEREcAS, there is now on file being comprised of the 25 feet in the real estate records of Du- wide street and-or road lying on buque County, Iowa" as Instrument the east side of lJot 1 of lJot 2 No. 6378-72, the plat of said public of lJot 1 of Lot 3 of St. Francis street which was heretofore quit Subdivision (e""ept the west 40 olaimed by the City of Dubuque, feet of the north 1ß2,() feet there- Iowa to Sisters of St. Francis of of) and also including the 40 feet Dubuque County, Iowa and Mt. wide street and-or road lying east Calvary Cemetery Association on and west from east side of said August 21, 1972; a-nd lot to west side of said lot, aU WHiERiEcAS, the City of Dubuque, in Section 12, Towm¡¡'¡P 89 North, Iowa now determines that it should Range 2 East of the 5th P,M., execute and deliver to Sisters of being in Dubuque Township, Du- St. Fr,ancis of Dubuque County, buque County, Iowa, now in the Iowa and Mt. Calv,ary Cemetery City of Dubuque, Iowa, aêCOrding Association quit claim deeds to to the recorded plat thereof, in the real estate by reference to confirmation of the prior quit claim the aforedescribed plat which is deed dated August 21, 1II7e, con- now fiied of record in Duhuque veying the same property to Sis- County, Iowa, aU in coufirmation ters of St. Francis of Duhuque of the prior quit claim deeds exe- County, Iowa, ;uted and delivered to said gran- Section 2: That a quit claim ,ees. deed should he execnted and de- NOW: TI-IE,REFORJE, BE IT llvered by the City of Dubuque, REOOINEID BY 11HE CITY COUIN, Iowa conveying to Mt, Cal"ary Ce- CIL OF THIE 0IrI'Y Q-F DUBU- metery Association the following QUE, IDWA: des,cribed real estate w..w1t' Section I: That a quit .claim Lot "A" of Lot 2 'of Lot'3 of shou!.d be executed and de1ivered St. Francis Subdivision (except the by the City of Dnhuque, Iowa con- west 40 feet of the north 1320 veymg to Sisters of St. FranclS feet thereof), ileing comprised of of Dubuque County, Iowa the fol- the 25 feet wide street and-or road lowmg described real estate, to- lying on the east side of Lot 2 WlLott: "A" ~ '-t -, Lot -, of Lot 3 of St. Francis Subdi- v~. ~ 1, '" 1 v, vision ("""ept the west 40 feet Bethany Addition, bemg COmprised of the north 1300 feet thereof), of the 40 feet wIde street and- all in Section 12 Township 89 or road lying withi~ Lot 1 of .~; Nor,th, Ra-nge 2 Èast of the 5th 1 of Bethany Addlton, ,Lot A P.M., being in Dubuque Township of . Lot 4, of St. Fran~ls Subdi, Dubuque .County, Iowa, nOW in the VISIon,. bemg comprised of the. 40 City of Duhuque, Iowa, aœording feet wide street and-or road Iymg to the recorded plat thereof, in between Lot 4 of St, FranCis Suh- confirmation of tbe prior qnit claim d1V1SlOn ~nd. Lot. ~. of, Lot ~.~; deed dated August 21, 197'2, con- St, FranciS SUbdiVIsIon, Lot A veying the same property to Mt, of Lot 1 of Lot. 1 of Lot 3 of Calvary Cemetery Association, St, FrancIs SUbdiVISIOn (eJ<lCept the west 40 feet of the north 1320 Section 3: That the Mayor and feet thereof), being comprised of City Clerk of the City of \mbu- the 40 feet wide street and-or road que, Iowa are hereby authorIZed lying within Lot 1 of Lot 1 of and directed to execute the fore- Lot 3 of St. Francis Subdivision going deeds on heha!:f of tile City (except the west 40 feet of the of Dubuque, Iowa, north 1320 feet thereof) and ex- Section 4: That the City Clerk tending from above said Lot "A" of the City of Dubnque, Iowa be of Lot 1 of Lot 2 of lJot 1 of and he is hereby authorized and Lot 3 to the south line of and directed to deliver the foregoing between Lot 2 of Lot 1 of St. deeds of conveyance to Sisters of Francis Subdivision and Lot 4 of St, Francis of Dubuque County, St, Francis Subdivision; and Lot Iowa and Mt, CaIl"ary Cemetery "A" of Lot 1 of Lot 2 of lJot Association upon the execution of 1 of Lot 3 of St. Francis Sub- said deeds. Special Session, September 18, 1972 444 445 Section 5. That the City Clerk of the City of Dubuque, Iowa he and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Duhuque County Recorder. Passed, approved and adopted this 18th day of September. 1972, Wayne A. Moldenhauer Mayor Waner A. Pregler AD.an T, Thoms C. Itobert Justmann Joseph J. Bitter Councilmen We respectfully request your Ho- morable Body's authorization to ex- ecute this "Consent Order" on be- half of the City of Dubuque. Gilbert D. Chavenelle City Manager Conncilman Pregler moved that the communication 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. RESOLUTION NO, 304-72 NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the City Manager be and is bereby authorized and directed to execute a Consent Order with the Iowa Water Pollution Commis- sion, a copy of which is attached, concernirug the discharge of llme sludge from the municipal water treatment plant facility, including the required facilities which will eliminate the pollution condition, and 'construction schedules, as be- ing accomplished to abate the pol- ution of the Mississippi River be- low Dubuque, Iowa. Passed, approved and adopted this 18th day of September, 1972. Wayne A. Moldenhauer Mayor Walter A, Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Atte'st: Leo F. Frommelt City Cierk Councilman Pregler moved adop- tion of the resolution, Seconded by Councilman Justmann. Carried by the followillg vote: Yeas - Mayor Moldenhauer, Councilmen BIt t e r, Justmann, Pregler, Thoms. Nays - None. September 15, 1972 To the HonoraJble Mayor and City Council Re: Iowa State Water Pollution. Control CommissIon, Consent Order. : As a result of the meeting can- ed by J. Edward Brown, Hearing QŒcer of the Iowa Water Pollu- tion Control Commission on July 25, 1972 in the State Department of Health Office ill Des Moines, Iowa, the CommissIon has served the City of Dubuque with a "Con- sent Order", 11his places the City under penalty of law to comply with certain constraints concern- Attest: ing the discharge of lime sludge Leo F. Frommelt from the municipal water plant City Clerk to the Mississippi River. Councilman Pregler moved adop- A copy of the Consent Order tion of the resolution. Seconded has been attached for your re- by Mayor Moldenhauer. Carried view. You will note that a time by the foIJowing vote: table as to the completion of dif- Yeas - Mayor Moldenhauer, fere,nt phases are set out in de- Councilmen Bit t e r, Justmann, tail and the City of Dubuque shan Pregler, ~homs, submit a progress report e^,ery Nays - None. 60 days beginning September 1, Proof of Publication of notice 197~. of taking bids of construction of We have been informed by the Waste Water Treatment Facilities Iowa State Department of Health Phase IT - Contract llA-3 ea. that the signing of this Consent 9' dia, PrimOary Clarifier Covers Order by the City is mandatory and 2 ea. 195' dia. Trickling Fil- in order to continue the discharging I tercovers; Contract lIB - 1 ea. of lime sludge until the comple- Grit Grease Unit Cover, Exhaust tion of the required waste treat- AIr Scrubbers, flow metering and ment faCilitie.s which must be com- sampling, electrical; Contract lIC- pleted by M'arch 1, 19'/6, Secondary Treatment Site Grading 446 Special Session, September 18, 1972 30,000 c, y, presented and read \ par'k, Jeanette Streinz 7G3 AHa No written objections were filed Vista, David Berger 2281 Paisley and no oral objectors were present Court, 'Robert Hu,mke 1046 W, 3,rd at the time of the public hearing, St" Steve Strong 193 Kaufmann City Engineer White stated that lWe. the hids received on the covers Councåman Pregler moved rati- seemed to ,be in line, Ifuwever fication of the appointments. Se- the hids on the ventilation system conded by ColIDcilman Bitter. Car. and the Grading bids were too ried hy the following vote: high and they would like to re-bid. Yeas - Mayor Moidenhauer Councilman J>regler moved that Councilmen 'Bitter, Justmann' the proof of ,publication be received Pregler, Thoms. ' and filed and the City ,Engineer Nays - None, proceed with the dome construc- There being no further business tion, Seconded by Councilman Bit- Councilman Preg'ler moved to ad- ter, Carried by the following vote: journ. Seconded by Councilman Yeas - Mayor Moldenhauer, Thoms. Carried by the follGwing Councilmen Bit t e r, Justmann, vote: 'Pregier, Thoms, Yeas - Mayor Moldenhauer, Nays - None, Councilmen Bit t e r, Justmann Mr. Richard Fuerst of 1895 Roo- Pregler, Thoms, ' sevelt St, addressed the Council Na~s - None, relative to the conditi<>Ils existing Leo F. Frommelt in the alley to the rear of his City Clerk home, He wa's assured that his written petition is receiving due attention, Approved ..........",............'" ...1972. ,Councilman Pregler moved at 8:37 P,M, to go into executive I session tG discuss personalities and Adopted ......................................1972. names for appointment to the Youth Services. Seconded by Ma- yor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen lB i t t e r, Justmann, Pregier, Thoms, Nays - None. At 9:28 J>, M, the Council re- convened in regular session and the Mayor announced the following appointments to the Youth Ser- vices Council: Pat Engling 28'%1 Central ANe" 'Ellen Ernst I!OO Mt. Carmel Road, Pa,ui Healy 2005 Simpson St_, Jan I;ynch 1Jl85 Solon St" Miobael TlJroup 2lBO Keyway E:e'DRob~d Slatte~ :43LocLe~ \ Attest: .......,.....,.......-.........'.... St., eDa:i~ Sh==n 2335 èoven~ry City Clerk Special Session, September 25, 1972 447 CITY COUNCIL OFFICIAL Special _Ion, $eptem"-r 25, 1972.,.. .. Counci,1 Met at 7:30 P.M. (C. D. T.) '.. ... .., Present - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. City Man a ger GII"-rt D. Chavenelle. " M,ayor 'MGldenhauer read the call and stated that service thereof had been duly made and this meeting is called for the purpose of au- "",rizing tile publication of Notice of Sale of Project Notes, Fifth Series 1972, and the receiving of P_als for the Sale of said note for the Downtown Urban Renewa' Project low. iR-15, and acting n. pon suc'h other husiness as may prooerly come before a regular meeting of tile Council, ou Cl man Pregler moved that the rules be suspended in order to let anyone present address the Council ¡f they so desire. Second- ed by Councilman Justmann. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pre.ler, Thoms, Nan-Nolie. II'lr. Lester IStreinz, Secretary and Manager of the Duhuque Automo- bile Club, presented the 'M,ayor with a ,Pedestrian Safety Inven- tory Special Citation Plaque, for cities from 50,000 to 100,000 popu- lation, indicating a ,perfect Casual- ty Record for 1971. Mr. Streinz stat- ed that fifteen cities out of one hundred forty nine reported, but only three cities in the State of Iowa. Communiea'tion of South D u. buque Businessmen's Committee requesting to forestall approval of the Dodge Street-Locust Street expressway routes until a thorough study is made regarding a feasible aiternate route, presented and read, Councilman Bitter moved that the communication be receiv- ed and filed and referred to Coun- cil and Consultants. Seconded by Councilman Pregler, Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Preg'ler, Thoms. Councilmen Na~s - None, Communication of M, V, Nichol. son suhmitting copy of a letter sent to the Highway Commission objecting to the proposed freeway, presented and read, Councilman Bitter moved that the communi- cation be received and filed and referred to the Council and Con- sultants. Seconded hy Councilma,n Pregler, Carried by the following vote: Yeas - Mayor Moldenhauer, CounciJmen Bit t e r, Justmann, Pregler, Thoms, Nays - None. Communication of Joseph C. Hie- bel requesting a iavorable vote on the proposed Ú'eeway, presented and read. Councilman Bitter mGV- ed that the communkation be re- ceived and filed and referred to the Council and Consultants. Se- conded by Councilman Pregier. Carried by the follGwing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None. CommunicatiGn of Mary Juer- gens indicating that the proposed freeway would he of great hene. fit to the populace and urging ap proval of the project, presented and read, Councilman Bitter mov- ed that the communication be re- ceived and fiJed, and referred to the Council and Cousultants, Se- conded by Councilman Pregler. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, ThGms, Nays - None, Communication of Sacred Hea'rt Parish Board Gf Education object- ing to the present Couler Valley alignment of the North-South free- way, presented and read, Coun- cilman Bitter moved that the com- munication ,he received and fiJ.ed and referred to the Council and consultants, Seconded by Council- man Pregler. Carried hy the fol- lowing vote: Yeas - !'Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays-None. Communication of RGbert M. Tunstall indicating complete sup. port of the proposed freeway 520 West and 5IJ1 SGuth and a new I bridge to replace the old one in 448 Special Session, September 25, 1972 the north end of the City, presented Printed Council proceedings for and read, Councilman Bitter mov- the m<mth of June 1972 presented ed that the communication be re- lor approv"l. Councilman Pregler ceived and filed and referred to moved that the printed Council the Council and consultants. Se- proceedings for the month of June conded by Councilman Pregler. 1972 be ,.pproved as printed. Se- Carried by the following vote: conded by Mayor Moldenhauer, Yeas - Mayor Moldenhauer, Carried by the following vote: Councilmen Bit t e r, Justmann, Yeas - Mayor Moldenhauer Pregler, Thoms, Councilmen Bit t e r, Justmann' Nays - None, Pregler, Th<>ms, ' September 18 1972 Nays - N<>ne. T<> the Hon<>rable Mayor ~nd Proof of PUiblication, certified to Memhers of the City Council by the Publ"her~ of Statement of In accordance with the provi- ~~~;~~~~~:~t: f~~~ o~~la::'~t:n~ sions of Chapter 365 ~,the Code August 1972, presented and read, of I<>wa,. 1JI71, the Cml SerVlce Councilman Pregler moved that CommIssIon conducted Promotwn- the proof of publication be re- a! Exammatwns on July 26,. 1972 ceived and filed. Seconded by May- for, the posItIon of .FIre AssIStant or Moldenhauer. Carried by the ChIef Trammg OOicer. The test following vote: consISted of p.P.A and local ques~ Yeas - Mayor Moldenhauer, tions . an~ answers plus an oral Councilmen Bit t e r, Justmann. exammation, Pregler Thoms The following members of the Nays' - No~e Fire Department passed the writ- SePtember 19 1972 ten and or"l examinations with To the Honora'ble M"yor ' an average of seventy per cent Members of the City Council or better. This is to advise that I have Ruden, Richard W. 84.2% approved the following policy and Link, Lyle R, 76.3% bond, and desire to have your ap- Andresen, James p, 75.7% proval on same. Cherrier, WilJiam E, 74.4% Comprehensive Liability Miller, James C. 72.6% Curtis Staub Company, State An- Pregler, John P. 71.4% to mobile & Casualty Underwri- All promotions from the Fire ters Department, from the aroremen- Sidewalk tioned test should be made from Paul M, & Lyle J. Dimmer, The this list. Aetna Casualty & Surety Co. Gerard B. Noonan D-B-A Dimmer Bros. Concrete Con Chairman traêtors Louis F. Fautsch Gilliert D, Chavenelle Marvin A. VanSickle City M.anger Civil Service Councilman Pregler mOW<! for Commissioners filing of policy and bond subject Attest: to approval of the City Attorney, Leo F. FrommeU Seconded by Mayor MoJdenhauer, City Clerk Carried by the following vote: Subscribed and sworn to before Yeas - Mayor Moldenhauer, me this 18th day of September Councilmen Bit t e r, Justmann, 1972. Pregler, Thoms. Eugene J. Berens Nays - None. Notary Pnhllc Notice of Olaim of Peter R. Tim- Councilman Pregler moved that merman, in the amount of $400., the communication be received for "",pense and damage iDcurred and filed and made a IlUltter of as the result of a sanitary sewer record. Seconded by Mayor Mol- back-up into the basement of his denhauer, Carried by the following bome at 1980 Lincoln Ave. on Au- vote: gust 2nd and September 13, 1972 Yeas - Mayor Moldenhauer, presented "nd read, Councilmen Bit t e r, Justmann, Mayor Moldenhauer moved that Pregler, Thoms. the notice of claim be referred Nays - None, to the City SoJicitor for investi- 449 Special Session, September 25, 1972 gation and report. Sec<>nded by Councilman Thoms, Carried by the following vote: Yeas - Mayor M<>ldenlJaner, Councilmen Bitter, Justmann, Pregler, Thoms. Nays - None. Notice of ClAim of Richard A, Meyer, In the amount of $«!S., for damage incurred a's the result of a sanitary sewer back-up into his home at 2œ5 Roosevelt Street on August 2nd and September 12th 11m!, presented and read. Mayor MoJdenhauer mo\'ed that the notice of claim be referred I<> the City Soiicitor for investigation and re- POrt, Seconded by Councilman Thoms. Carried by tile following vote: Yeas - Ma,yor M<>ldenbauer, Councilmen Bitt e r Justmann. Pregler, Thoms. Nays - None, Notice of Claim of Kenneth N. Kunkel, in the amount of $587.95 for Wima,ge Incurred as the result of a sanitary se"i'ær back-up into I the hasement of his home at 1971) Lincoln Ave, on August 2nd and September 13th, 1972, present- ed and read, Mayor MoJdenhauer moved that the notice of eJa;m be referred I<> the City Solicitor for investigation and report. se- conded by Councilman Thoms. CaT- ried by tile following bote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None. Notice of claim of James R. Denman, in 1II1e amount of $222.60 for damage incurred as the re- sUilt of a sanitary sewer back-up inl<> the basement of his home at :M3 N Booth Street on August 2nd and September 13, 1972, pre- sented and read. Mayor Molden- hauer moved that the notice of claIm be referred to the City So- Jicitor for investiga-ti<>n and report. Seconded by Councilmau Thoms. Carried by the following \'ole: Yeal - MIl,.,.. Mnldenbauer, I Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Notice of claim of Miss Rose- marie J, Wick, in an undetermined amount, for, perso,nal Inju,ries reo/' cet\'ed in a fail at l6tib and Cen- t..1 Ave" on August 20, lII'm, pre- sented ,a,nd r<>ad, Mlayor Molden- I ---- hauer moved that the notice of claim be referred to tile City So- licitor for investigation and report. Seconded by Councilman Thoms, Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None, Notice of Suit by Clin~ue Inc., in the amount of $5,993.50 as the result of a dispute over payment of connection fees for water BeT- vice as "greed on October 28, 1968 alUeocting properly owners along Sy- lvan Drive, BIes Drive, & Kebbie Drive, presented and read. Mayor Moldenhauer moved that the notice of Suit be referred I<> the City Sollcitor for investigation a'nd reo port, Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor M<>ldenlJauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None. Petition of Dick Loetscher re- questing permlssi<>n to exc<wate in Pennsy].-ania' Avenue for sewer and "'ater instaHations, presented and read. Councilman Bitter mov- ed approval of tile request. Se- conded by Mayor Moldenhauer. Carried by the following \'ole: Yeas -Mayor M"ldenbauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None, Petition of Loras College Home- coming Committee reqnesting per- mission I<> conduct a parade on October 14th from ten A.M. to Eleven Thirty A, M., presented and read. Councilman Bitter mov- ed appro"al of the request and referral I<> the City Manager for implementation. Seconded by May yor Moldenhauer, Carried by the fo1lowin¡g vote: Yeas - Mayor Moldenhauer. Councilmen B'i t t e r, Justmann, Pregler, Thoms, N~y. - None, Petition of Dubuque Ja~ re- ~uesting permission to conduct their annual Honey Sunday project on Oct"ber 1st, presented and read. Councilman Bitter moved approval of the request with referral to the City M,ana,ger for implemen- tation. Seconded by Mayor Mol- denhauer, Carried by the follow ing vote: ¡IIIIIIIII~IIII~II.II 450 Special Session, September 25, 1972 Yeas - Mayor Moldenhauer, tinued business on August 1, 1972 Councilmen Bit t e r, Justmann, presented and read. Counciima;, Pregler, Thoms, pagloc moved that the refund he Nays - None. granted and the Auditor instructed Petition of Metz Mfg. Co. re- io issue proper warrant. Seconded questing vacation of an alley run by Counciiman Bitter. Carried by ning throu!h their property be- the following vote: tween E. 16th Street and E m Yeas - Mayor Moldenhauc Street and between E!imand Pine, Councilmen Bit t e r, Justmann, prior to disposal of their proper Pregler, Thoms, ty, presented and read. Conncii- Nays - None, man Bitter moved that the pet!- Petition of Frank Licciardi re- tion he referred to the City Mana- questing a refund of $125. on the gel' and Plannmg & Zonmg Com nnexpired portion of Liquor Li- mISSIon, Seconded by Mayor Mol, cense No, C4W! as he has discon- denhauer. Carried 'by the following ;inued business on Septemher ' vote: 1972, presented and reAd. Coun- Yeas - Mayor Moldenhauer, cilman Pregler moved that the re- CouncIlmen BItt e r, Justmann, fund he granted and the Auditor Pregler, Thoms. instructed to issue proper warran N"~s & None. . Seconded by Councilman ELiter, PetItion of Frank HJ1rdle Adver- \ Carried by the following vote: ti5ÎJlg requesting permission to e- Yeas - Mayor Moldenhauer, rect a Sign at the Ulllon Bus Sta- Councilmen Bit t er Justmann tion reading "Greyhound Lines" Pregler Thoms.' ' said sign to he 2' x 4' (forwa N,.YS' - None, from meeting of 9-M-72), presented and read. Mr. Art Esslinger of RESOLUTION NO. 305-72 the Hardie Sign Co. reAd a pre- Authorizing the publication of no- pared statement relative to the tice of .ale of proiect Notes (fifth erection of the sign, There was \ series 1972) and tI>e receiving of some concern eJ<pressed that grant- proposals for tI>e .ale of said notes ing this installation would have for the Downtown Urban Renewal some bearing on future sign erec- \ Project, Iowa R-15 tions in the Urban !Ienewal area. WHERiEAS, under date of July Councilman Thoms moved ap \ :11;, 1967, tile City of Dubuque en- proval of the sign request, Se- tered into a Loan and Capital conded by Councilman Bit t e r, Grant Contraet for the undertaking Carried by the following vote: of the Downtown Urhan !Ienewal Yeas - Councilmen Bitter, Project, Iowa R-lS; and Pregler, Thoms, WHERJEAS, under date of July Nays - Mayor Moldenhauer, 3, 1972, the Council of the City Councilman Justmann. of Dubuque adopted Resolution No, Petition of Mercy Medical Cen- 2l3-72. authorizing to he issued, ter requesting that tho Board of from time to time, Project Notes Adjustment direct tho Building in connection with tile Downtown Commissioner to issue a bniJding Urban Renewal Project, Iowa R, permit for construction and oper- 15; and ation of a physician's office build- \WJ!E)R!EAS, under date of Jun° ing with facilities for dispensin 12, 1972, the Council of the City and sale of drugs, presented and I of Dubuque authorized the issuance read, Councilman Thoms moved I and sale of its Project Notes in that the petition he referred to ' the aggregate principal amount of the City Solicitor- Seconded by $1,400,000 to finance certain under- Couneilman pregler, Carried by takings in connection with the the following vote: Downtown Urban Renewal Project, Yea's - Mayor Moldenhauer, Iowa R.15; and Councilmen Bit t e r, Justmann. WlHERiEAS, in order to refinance Pregler. Thoms, said outstanding Project Notes and Nays-None, to provide additional funds fur pro- Petition of Jerry L. Udelhofen re- ject activities, it is necessary for questing a refund of $75, on the the City of Dubuque to sell Project uneJ<pired portion of cigarette li- Notes (Fifth Series 1972) tota-ling cense No. 105 as he has discon, $1,725,000; now therefore Special Session, September 25, 1972 BE IT RESOLVED BY THE CITY COUNCIL OF THE CFI'Y OF DUBUQUE, IOWA: Section I. That the City Clerk be and he is hereby authorized and dire,cted to publlsh ac,cording to la,w, "Notice of Sale. Projec Notes" in the form of EJOhibit "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 tahulate proposals for the sale of said notes and to send telegrams of accep. tance to the low bidder or bidders all in accordance with instructions covering such transactions as pro- vided hy the Department of Hous- ing and Urhan Development, Unit- ed States of America. Section 3. That a meeting of the Coundl of the City of Dubuque shall be beld after the bid opening date of October 1!l, 1972, to adopt such resolution or resolutions ne- cessary for the consummation of the sale of Project Notes (Fifth Series 1972) to the lowest bidder or bidders. Passed, approved and adopted this 25th day of Septemher, 1972. Wayne A. Moldenhaner Mayor Walter A. Pregler Allan T, Thoms C. Robert Justmann Joseph J, Bitter Counc,ilmen Attest: Leo F, Frommelt City Clerk NOTICE OF SALE PROJ,ECT NOTES City of Dubuque, Iowa (,Name of Local Issuing Agency) Sealed proposals will be received by City of Dubuque, Iowa (herein cailed the "Local Issning Agency") at Couucil Chambers, City Hall in tbe City of Dubuque, State of Iowa, until, and publieiy opened at, One o'clock P,!M, (E.S.T.) on October 11, 1972, for the purchase of $1,725,000 of Project Not", (Fifth Series 197,2), heing issued to aid in financing its project(s) as fol- lows: Amount, $1,725,000. Series, Fifth 1972, Maturity, May 4, 1973. The Notes will be dated Novem- ber 8, 1972, wUl be paYaJble to bea'rer on the Maturity Date, and 451 wUl bear interest at the rate or rates per annum fixed in the pro- posal or proposals accepted for the purchase 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 suøh form of proposal and information concerning the Notes may iIe ob- tained from the Local Issuing Agency at the address indicated above, Detailed information with respect to the conditions of this sale may be obtained from the September :11;, 1972 issue of The Daily Bond Buyer, City of Dubuque, Iowa Leo F, Frommelt City Olerk 'Counciiman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the foJIowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None, Communication of League of Io- wa Municipa-lities relative to a plan for the 19m Legislature, (forward from meetings of 9-5, 9-11,) pre- sented and read, Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit tel', Justmann, Pregler, Thoms. Nays - None, Tbe following State Legislators and Candidates were in attendance and took part in discussing the proposed LegIslative program for 1973 as outlined by the League of Iowa Municipalites. Senator Gene Kennedy, Senator J 0 h n Walsh, Representative Micbael Blouin, Mr. Robert Carr, Mr, Jo- seph Clark, Mr. William Heitzman. Mr. Robin Steele. 'lJhere being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Counciimen Bit t e r, Justmann, Pregler, Thoms, Nays - None, Leo F, Frommelt City Clerk 452 Special Session, September 25, 1972 Special Session, September 26, 1972 453 CITY COUNCIL Approved ....................................1972 OFFICIAL Special session, September 26, 1972. Council met at 12:00 noon (C.D. T.) Present - Mayor Moldenhauer, Councilmen Bit t e r, J"stmann, Pregler, Thoms. City Manager Gil- bert D. Chavenelle, Mayor Moldenhauer read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adopt. ing a reSGlution providing for the sale and award of $1,000,000 sewer bonds and approving and authoriz- ing the agreement of such sale and award, also adop'ion of an ordinance authorizing the Issuance of $1,000,000 sewer bonds and providing for the levy of tax.. to pay for same and acting upon such other business as may prop- erly come before a regular meet- ing of the Council, Proof of Publication, certified to by the Publisher, of notice of meet- ing for issu"nce of sewer bonds, presented and read, Councilman Pregler moved that the proof of publication be rec1eved and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays - None, Proof of Publication, certified to by the Publisher, of Notice of sale of sewer bonds in the amount of $1,000,000 presented and read. No written objections were fiJOO and no oral objec,tors were present at the time set for the public hear- ing. Councilman Pregler moved that the proof of publlcation be re- ceived and filed. Seconded by Councilman Bitter. Carr,ied by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None, Mayor Moldenhauer issued a can for receipt of oral bids. No one present responded to the call and the time for receipt of ora,l bids was terminated. Adopted .......................,.... ......,1972 ........,..........,.,....,.....,.........,............... ...........................,..,.....,..,......,....,...... .......................................................... .......................................................... Councilmen Attest """"""""ëïtÿ"'ëi-;k"""""" The followirug sealed bids were opened and read: Bidders Price Coupon Rates, Net Interest Rate. Continental Illinois National Bank and Trust Company of Chi- cago, AWAJ(J)ED, 100.0729, 1974- 78 3%%, 1979-81, 4.00%, 1982-83, 4%%, 3.99261%. Walston & Co., Inc" New York, Manager Sbea'rson, Hammill & Co., Inc., New York Blair A. Phillips Co., Inc., Davenport, 100.0159, 1974, 4% %,1975-783% %,1979-814.00%, 1982-83, 4%%, 4.01678%, Harris Trust and Savings Bank, Chicago, 100.2319, 1974-80, 4.00%, 1981-82,4.10, 1983,4,20%,4.0274%. The Northern Trust Company, Chicago, Manager Dain, Ka,lman & Quail, Inc., Minneapolis Shaw, McDermott & Co., Des Moines Cen- tral National Bank and Trust Co., Des Moines, 100.0101. 1974 4% %, 1975-78 3.90%, 1979-81, 4%, 1982- 33, 4\14%, 4,05921%, LaSalle National Bank, Chicago, Manager Blunt Ellis & Simmons, Chic'ago Piper, Jaffray & Hopwood, Inc., Minneapolis, 100.0120, 1974- 4\14 %, 1976-79, 3.90%, 1980-81, 4.00%, 1982-83, 4'14 %, 4,0643%, Mercantile Trust Company, N.A., St. Louis and Carleton D, Beh Co" Des Moines, Jointly, 100,360, 1974-81, 4.00%. 1982, 4.20%, 1983, 4.30%, 4.076%', Iowa-Des Moines Nation,al Bank, Des Moines, 100,0568, 1974-80, 4%, 1981, 4.10%, 1982-83, 4%%, 4.0859. R. G. Dickinson & Co., De s Moines, 100,0270, 1974, 4.20%, 1975- 79, 3.90%, 1980-83, 4.20%, 1983, 4'4% 4.0889. The First Nationa,l Bank of Chi- cago and William Blair & Com- pany. Chicwgo, Jointly, 100,0707, 197<1m, 3%, 1978-80, 4.10%, 1981- 83, 4.30%, 4.10605%. A. S, Hart & Company, Inc" Memphis, 100.0000, 1974-80. 4%, 1981 4.20%, 1982.83, 4,30%. 4.1246%, Van K a' m pen, Wauterlek & Brown, Inc., Chicago, 100.0300, 1974-76, 4%%, 1977-79, 4%, 1980, 4,10%, W81-83, 4%%, 4.1576. The First National Bank an d Trust Co., Oldahoma City, 100.1059, 1974-79, 4%, 1980-81, 4.20%, 1982-83, 4.40%, 4.16525%, Chemical Bank, New York, 100. 0977, 1974-79, 4%, 1980,81, 4.20%, 1983-83, 4.40%, 4,1665%, 454 Special Session, September 26, 1972 First National Bank in St. Louis, Manager Reinhold'; & Gardner, St. Louis American Fletcher N a 1'1. Bank & Trust Co. Indpls., Van Horne Investments, Inc., Omaha, 100.0619, 1974,77, 3.70%, 1978-81, 41/4%, 198283, 4.40%, 4,1704%. Halsey, Stuart & Co., Inc., Chi- cago, 100,0193, 1974-76, 4,30%, 1977, 4.10%, 1978-<79, 4%, 1980, 4.10%, 1981-83, 4.30%, 4.197%. First National City Bank, New York, 100,0300, 1974-75, 5.10%, 1976- 79, 4%, 1980-83, 4'4%, 4,2251%, The Chase Manhattan Bank, N. I A., New York, loo.O6Œ, 1974.78, 4%,1979-81,4.30%,1982-83,4""%, 4.2627%, RESOLUnON NO. 306-72 R,ESOLUTION providing for the sale and award of $1,000,000 Sewer Bonds and approving and authoriz- ing the agreement of such sale and award. WHiEß;EAS notice of sale of $1,000,000 St>wer Bonds of the City of Dubuque, in Duhuque County, Iowa, has heretofore been given in strict compliance with the pro- vis,ions of Chapter 75 of the Code of Iowa, by puhlication of notice for two or more successive weeks in a newspa'per published in Du- buque County; and WŒIEJRJ')AS an sealed hids have been received and pI"ced on file, after whkh open bids were called for and received, the highest of which open bids was as folowws: the bid submitted by None, con- I sisting of par and :<ccrued interest plus a premium of None, with the honds to bear interest at the folWwing rates per annum: Year of Interest Maturity 'Rate 19'/14 None% 1975 % 1976 % 1977 ,,% 1978 % 1979 % 1980 ' ,% 1981% 1982 % 1982 % and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by Continental TIlionois National Bank and Trust Company of Chkago consisting of par and accrued interest plus a premium of $729.90, with the bonds '.....~ . to bear interest at the following rates per annum: Year of Interest Maturity Rate 1974 3%% 1975 3% % 1976 3%% 1977 3%% 1978 3%% 1979 4.0% 1980 4.0% 1981 4.0% 1982 4'4% 1983 4'4% NOW, 'I1HE~, Be It Re- solved by the City Council of the City of Dubw¡ue, Iowa, as follows: Section I. That upon being ad- vised in the premises it is hereby determined that the bid of Con- tinental Illinois National Bank and Trust Company of Chicago for the purchase of $1,000,000 Sewer Bonds, as advertised, bearing interest at the r,ates specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are herelby award- ed to said Continental Illinois Na- tional Bank and Trust Company of Chicago. Section 2. That the form of agree- ment of sale of said bonds to Continental Illinois National Bank and Trust Company of Chicago be and the same is hereby a,p- proved, and the Mayor, City Clerk and City Treasurer are hereby au- thorized to execute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed, Passed and approved September 26, 1972. Wayne A, MoldenbJaner Mayor Attest: Leo F. Frommelt City Clerk Recorded September 26, 19'12, Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolntion, Seconded by Councilman Bitter, Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - None. Special Session, September 26, 1972 Councilman Pregler moved that the bid checks be returned to the unsuccessful bidders. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. ORDINANC'E NO. 54-72 An Ordinance authorizing the is- suance of $1,000,000 sewer bonds and providing for the levy of taxes to pay the same, presented and read, Mayor Moldenhauer moved that the reading just had he considered the first reading of the Ordinance, I Seconded by Councilman Pregler. Car<ied by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays - NQne. M.ayor Moldenhaner moved that the rule requiring an Ordinance to be read on three separate days he waived. Seconded by Council- man Pregler. Carried by the fol- 'owin'g vote: Yeas - M'ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 455 No. - - $5.000 KNOW ALL MEN BY THESE PRESENTS, T"" the C'ty of 0,- b",e, '" the Co,"tv of O,b'QUe ami State of Iowa, "" va',e 'ea.'v"", '.-om.e, to,~.av--I» """-,0' if "'~ 456 Special Session, September 26, 1972 ,It"h'" 10 be exe- ""imile ,io"""" ,"d "id Citv Ci"k. bY lhe ex"u"o" of -- _doPI " 'nd fo' "'ei, P~'" ,i,",I"," "'ei, ",p"live f",imile ,ioo""'" .."",", O" "id <OU"""" ,iI the "", dox of Novembe" 1972. A""f' Moxa< of the City of DubuQUe, low, Citv CI"k of fhe Citv ot Dub",", low, iFo,m of COU",,", No. - ----- D" -, 19-, "'e ""W", of lhe City of Dubuo", '" Dub"," COU"tv, 'OW" wU' pox 10 "",- " - Doil", i-----' " the offi" of City T",w"" Du- buo'" 'ow,, fo' i""",,1 doe th,t d"e 00 '" Sew" Bo"d, d,red Novem- b" 1, 1972, No, Moxo, At""" City C'"k (Fo,m fo' '..i",,'i~ of Ow"",h'p' N,me of 5I9Mlu" D'" of '..i,'e"" of Citv .""i,I,,"on OW"" T"""," --- --- --- " he"by ",itied ,nd "'""'med in """",,1,. S""o, S. Th" "'e p.-o<"'" "",'v- ed f~m lhe "" ",_'~, "!>~'..!'J,,!i" ""0'" ,obi" "on, S""o, 6. Th,' " "",oi,ed by Ch,pl" 76 of th, Cod' fo' Ih, p"""", of peov 'OYY eod <oil,ct'o" of , "x wffi<'eot 10 pox "id bo"d, " it fail, fo pox eod di"h"ge Ih',rof ,I m,,~,it~, \h"" ~L. '~wit, Fo' 'h, yeoc 1972 , tox wflidenl fo produ" the wm of $39,250 fo' ,","",, Fo' tho yea, 1973 , "x wffl<'en' fo p,odo" the wm of $139,250 to.- pe'""pa' eod i"'","" Fo, lho y", 1974 , "x wflide", fo peodo" th, wm of S135,500 fo, pei",'p" 'nd """," Fo, Ih, yea, 1975 , ,'x wffld",t to peodo" Ih, wm of $131,750 fo' pe'"ci..' ,nd ,",-" F... 'h, ye" I fo ..,odo" Ih, Special Session, September 26, 1972 11,9/29 Mayor Moldenhauer moved fi- nal adoption of tile Ordinance, Se- condedby Councilman Pregler, Carried by the following vole: Yeas - Mayor Moldenhauer, Councilmen B I I I e r, Juslmann, Pregler, Thoms, Nays - None, 457 There being no further business Mayor Moldenhauer moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen B: i t t "r, Justmann, Pregler, Thoms. Nays - None. Leo F. Frommelt City Clerk Approved Adopted ......................................,....,..............,. """""""""""""""""""""""""""""" Councilmen Attest: "-"""""""""""""""""""'"""""""", City Clerk