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1970 September Council Proceedings 356 Special Session, August 24, 1970 Bitter. Carried by tbe foUowing vote: Yeas - Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays-None. Absent-Councilman Couchman. Leo F. Frommelt, City Clerk. Approved ....................................1970 Adopted ......................................1970 ............................................................ ............................................................ ............................................................ ............................................................ """""""""""""""""""'ë-;;~~ciï;;;~~ Attest: ............................................................ City Clerk Regular Session, September 7, 197Ó 351 CITY COUNCIL OFFICIAL REGULAR SESSION, SEPTEM. BER 7, 1970. No members of the City Council being present the meeting was ad- journed subject to call. Leo F. Frommelt, City Clerk. Approved ....................................1970. Adopted ......................................1970. .......................................................................-......... ................................................................................. .................................................................................. .................................................................................. -"""""""""""""""""""""'Cõüö'ëiïïiïëiï""""" Attest: """"ë¡ï;"'ëï;;;'i""""""""""" 358 Adjourned Regular Session, September 8, 1970 CITY COUNCIL OFFICIAL Adjourned Regular Session, Sep- tember 8. 1970. Council met at 7:30 P.M. (Cen- tral Daylight Time) Present-Mayor Meyer'S, Coun- cilmen Bitter. Couchman. Molden- hauer. Pregler. City Manager Gil- bert D. Chavenelle. Mayor Meyers read the call and stated that service thereof had been duly made this being an AD- JOURNED MEETING of the REG- ULAR MONTHLY MEETING OF SEPTEMBER 7, 1970. called for the purpose of acting upon such business as may properly come before the meeting. August 25, 1970 To the Honorable Mayor and City Council This is to advise that I have ap- proved the following policies and desire to have your approval on same. COMPREHENSIVE LIABILITY Louis Buechel, United States Fi- delity & Guaranty Co. Conrad Paint & Hardware, Inc. and Conrad Plumbing & Heat- ing, Inc., Hartford Fire Insur- ance Company Wayne Stewart, d/b/a Stewart Ex- cavation Company, American States Insurance Company Respectfully, Gilbert D. Chavenelle. City Manager Conncilman Pregler moved fil- ing approval subject to approval of the City Attorney. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. August 26, 1970 To the Honorable Mayor and City Council Gentlemen: A request has been made for a street light on Wilbur Street at the intersection with Alice Street. Presently there is a private light located on the lot side of a pole. It is recommended that this light be replaced by a city 4000 lumen incandescent light. The 4000 lumen incandescent light is recommended so that the appearance of the lighting will match other street lighting in the area. Respectfully requested, Gilbert D. Cbavenelle, City Manager Councilman Coucbman moved approval of tbe recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Coucbman, Molden- hauer, Pregler. Nays-None. September 8, 1970 To the Honorable Mayor and City Council Since the opening of the Iowa Street Parking Ramp, we have ob- served the functional operation of the Seventh Street entrance and because of the grade and the loca- tion of the ticket dispenser have determined it to be unsatisfactory. The architect has studied this problem and has prepared plans and specifications for the receipt of informal proposals on the min- or modifications required to alle- viate the situation. We will be receiving these infor- mal proposals in the near future and hope to have the necessary re- visions completed in approximately one month. Respectfully submitted, Gilbert D. Chavenelle. City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Printed Council proceedings for the month of May 1970 presented for approval. Councilman Pregler moved that the proceedings be ap- proved as printed. Seconded by Mayor Meyers. Carried by ,the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ~ ., ~ Adjourned Regular Session, September 8, 1970 359 September 3, 1970 To the Honorable Mayor and City Council A request has been received from Mr. and Mrs. Earl Marsch and others for a street light at the intersection of Bunker Hill Road and Merfeld Lane. It is recommended that a 175 watt mercury vapor light be in- stalled at the location. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. September 3, 1970 To the Honorable Mayor and City Council A request has been received from Mr. Joseph Sandman for a street light near 1695 Ohio Street. The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled on a pole now located on Pennsylvania just west of Ohio Street. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Pregler. Nays-None. September 8, 1970 To the Honorable Mayor and City Council Gentlemen: The Fire Department has com- pleted vacating the old Central Fire Station at 9th and Iowa Streets, and the structure will be turned over to the Department of Urban Renewal for demolition on Wednesday, September 9th. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, COuchman, Molden- hauer, Pregler. Nays-None. Communication of Low-Rent Housing Commission, Hal F. Rey- nolds, Chairman, submitting a transcript of the minutes of their meeting held on the 18th day of August 1970, adopting BY-Laws, Rules and Regulations governing its organization and procedures, presented andl read. Councilman Pregler moved that the communi- cation be received and filed. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmenBitter, Couchman, Molden- hauer, Pregler. Nays-None. Commuuicatlon of League of Women Voters urging action to revise precinct boundaries to cor- respond with latest population fig- ures, presented and read. Council- man Bitter moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter,- Couchman. Molden- hauer, Pregler. Nays-None. Councilman Moldenhauer fur- ther moved that the commuuica- tion be referred to the City Man- ager for a reply. Seconded by Councilman Conchman. Carried by the following vote: Yeas- Mayor Meyers, COuncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays-NoM. Communication of Yvor E. Stoakley extending his sincere thanks to the City officials and employees witb whom he worked over tbe past summer as a repre- sentative of KDTII; presented and read. Mayor Meyers moved that the communication be received and filed and that the Clerk be instructed to express appreciation. Seconded by Councilman Molden- 360 hauer. Carried by the following I vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Commuuication of W i11i a m Woodward commending the selec- tion of tbe Dubuque Advisory Commission members thus far, however requesting appointment of the remaining vacancy, present- ed and read. Councilman Bitter moved that the communication be received and filed, after Mr. Wood- ward was assured that the vacancy would be filled shortly. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. proof of publication, certified to by the Publisher, of Invitation to bid for Town Clock Removal I and Relocation Project, presented and read. Councllman Bitter moved that the proof of publica- tion be received and filed. Sec- ondel by Councllman Pregler. Car- ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- bauer, Pregler. Nays-None. Notice of Claim of Ronald Leroy and Agnes Ingles, in tbe amount of $30,000 for personal injuries re- ceived by said Leroy Ingles as the result of a bullet being fired by a member of the Police De¡>art- ment after a chase into IDinois while being caught in a law viola- tion on July 19, 1970, presented and read. Councilman Pregler moved that tbe notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of Claim of Mrs. Minnie Ward, in an undetermined amount, for personal injuries received in a fall on a defective sidewalk at 1517 Maple Street on July 31, 1970, presented and read. Council- Adjourned Regular Session, September 8, 1970 man Pregler moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 46.70 An Ordinance Amending and Changing ordinanca No. 3.34 known as the "Zoning Map and Zoning Ordinance of the City 01 Dubuque, Iowa," so as to change that portions of property located In Sw1f. of NW1f. Sec. 24 T. 89 N. R. 2 E. of Sth P. M.-Lot 1 01 1 01 2, Lot 1 of 6, Lot 2 01 7, Lot 2 01 6, Lot 3 01 6, Lot 2 of 5, Lot 2 of 1 of 5, Lot 1 of 1 of S, and Lot 3 of 3 all in L. H. Langworthy's Sub. Lot 1 and Lot 201M. A. Rebman's Sub. 01 Lot 1 of Lot 4 01 L. H. Langworthy's Sub.-Lot 2 of 2 of City Lot 674, Lot 2 of 5 01 City Lot 674, Lot 2 of 1 of 3 01 City Lot 674, Lot 1 01 1 01 3 of City Lot 674, Lot 2 01 3 of City Lot 674, Lot 4 of City Lot 674 and Lot 7 of City Lot 675 all In the City of Du- buque, Iowa, Lot I, Lot 1 of 1 of 2, Lot 2 of 1 of 2, and Lot 2 of 2 in Duncan's Sub. from "Single Family Residence Dis- trict" Classification to "Multi. pIe Family Residence District" Classification, (located along Clarke Drive & Heeb Street). Presented and read. Councilman Couchman moved that the reading just had be con- sidered tbe first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Adjourned Regular Session, September 8, 1970 361 Councilman Couchman moved that a public hearing be held on the Ordinance on October 5, 1970, at 7:30 o'clock P.M. in the Coun- cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Dubuque Community School District requestin~ annexa- tion of the Table Mound Elemen- tary School Site, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of John L. & Mary Lou Kennedy requesting rezoning of Lot 2 of I of 1 of I of 1 of 1 of 1 of M. L. 342; Lot 2 of 1 of 1 of 1 of 1 of 1 of M. L. 342; Lot 1 of 1 of 1 of 1 of 1 of M. L. 343; Lot 1 of I of I of I of Olds Place (east side of N. Grandview between Kaufmann and Kane Streets), pre- sented and read. Mayor Meyers moved that the petition be re- ferred to the Planning & Zonin~ Commission. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. I Petition of Dubuque Downtown Assn. requesting permission to proceed with a promotion called Treasure Chest upon completion of the Pedestrianway, November 12, 13, 14, presented and read. Councilman Pregler moved that the petition be granted subject to approval of the City Manager and staff. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Madeline Papin re- questing a refund of $75 on the unexpired portion of cigarette li- cense No. 152, as she has discon- tinued business on August 31, 1970, presented and read. Mayor Meyers moved approval of the re- fund and the Auditor be instruct- ed to issue proper warrant. Sec. onded by Councllman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Amvets requesting permission to sell white clovers on September 25th and 26th, present. ed and read. Councilman Pregler moved that the petition be granted contingent upon approval of the City Manager. Seconded by Coun- cilman Bitter. Carried by the fol. lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice of Levy of Special Assessment and intention of the council to issue bonds for the construction of City of Dubuque 1969 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1, on the following named streets: 1. Pennsylvania Avenue from W.P.L. of Key Knolls Sub. to W.P.L. of Lot 2-1 E'h of SW\Ic Sec. 21, T. 89 N. R. 2E. 2. Wacker Drive patching be- tween J. F. K. Road and U.S. 20. 3. John F. Kennedy Road patch- ing between Pennsylvania Avenue and University Avenue. 4. Central Avenue from S.P.L. of Fulton School to a point 100' north of West 32nd Street, pre- sented and read. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. Statement of City Clerk certify- ing that notices of levy were mailed by certified mail on All- 362 Adjourned Regular Session, September 8, 1970 gust 11, 1970 to property owners .of record subject to assessment to pay for cost of constructing City of Dubuque 1969 Hot Mix-Hot Laid Asphaltic Concrete Paving Proj- ect No.1, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, COun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Statement of Barb Huner, a member of the Engineering De- partment, certifying that notices of levy were posted in the asses- sable area on August 18, 1970, of the City of Dubuque 1969 Hot Mix- Hot Laid Ashaltic Concrete Paving Project No.1, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer,Pregler. Nays-None. RESOLUTION NO. 267-60 Schedule of Assessment RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of CITY OF DUBUQUE 1969 HOT MIX. HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT #1 on: 1. Pennsylvauia Avenue from W. P.L. of Key Knolls Sub. to the W.P.L. of Lot 2-1 of E'h of SW'I. of Section 21, T. 89 N. R. 2E. 2. Wacker Drive patching between John F. Kennedy Road & U. S. #20. 3. John F. Kennedy Road patchIng between Pennsylvania Avenue and University Avenue. 4. Central Avenue from S.P.L. of Fulton School to a point 100' north of West 32nd Street, by Mul- grew Blacktop Inc., Contractor, in front of and adjoining the same, a special tax is hereby levied on I'the several lots, and parts of lots, md parcels of real estate all as ¡'named, situated and owned, and [or the several amounts set oppo- ,ite each lot or parcel of real estate, as set fortb in the follow- . ing schedule. CITY OF DUBUQUE 1969 HOT MIX-HOT LAID ASPHALTIC CONCRETE PROJECT NO.1 Assessable City Share Project Totel Construction Cost ............................$15,784.18 $53.234.85 $69,019.03 10% Engineering Expense ............ 1,578.42 5,323.48 6,901.90 5% Interest - 52 days .................... 114.00 .(1- 114.00 Total Cost ........................................$17,476.60 $58,558.33 $76,034.93 SCHEDULE OF ASSESSEMENTS For City of Dubuque 1969 Hot Mix-Hot Laid Asphaltic COncrete Paving Project No.1 Dubuque Community School District, Lot 1-2, E. 'h-S.W. 'I. Sec. 21-T. 89N-R2E ............................................................................$ 2,834.23 Dubuque Community School District, Lot 2-1, E. 'At-S.W. 'I. Sec. 21-T. 89N-R2E ............................................................................ 8,528.48 Sisters of the Presentation, Lot 1-2, Byrnes' Subdivision ............ 260.85 'Sisters of the Presentation, Lot 3, Byrnes' Subdivision ............ .(1- "Ret Corporation, Lot 1, N.E. V.-N.W. V.-Sec. 28-T. 89N-R2E.... .0- $11,623.56 'Outside City I,imits-Assessment paid by City of Dubuque: Sisters of the Presentation Lot 3, Byrnes' Subdivision .... 12.13 "Property Purchase Agreeemnt-Assessment paid by City of Dubuque: Ret Corporation, Lot 1, N.E. ¥41N.W. 'I.-Sec. 28-T. 89N-R2E """""""""""""""""""""""""""""""""""""""" 5,840.91 12.13 $17,476.60 Adjourned Regular Session, September 8, 1970 363 585 723 682.5 1325 375 1131.5 Cu. Yds. Excavation @ $1.35 ............................................$ 762.75 Tons A.C. Binder Course @ $10.25 """""""""""""""" 7,410.75 Tons AC. Surface Course @ $10.25 ....".......................... 6,995.63 Gals. Prime Coat MC-70 @ $0.23 .................................... 304.75 Gals. Tack Coat RC-70 @ $0.28 ............................".......... 105.00 Total Cost Asphalt Treated Base @ $6.14 .................... 17,130.60 Total Cost ..........................................................................,...........$36,556.58 Less City Share """"""""",,"""""""""""""""""""""""""""" 20,772.40 Assessable Share 10% Engineering Expense 5% Interest - 52 days 15,784.18 1,578.42 114.00 Total Assessable Amount ........................................................$17,476.60 Passed, adopted and approved this 8th day of September 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by COuncilman Bitter. Carried by the fallowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to authorize the is- suance of street improvement bonds in the amount of $17,000 to provide for payment of the as- sessed cost of City of Dubuque 1969 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time of the public hearing. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 268.70 Resolution Providing for the Is- suance of Street Improvement Bonds for the Purpose of Pro- viding for the Payment of the Assessed Cost of the City of Du- buque 1969 Hot Mix.Hot Laid Asphaltic Concrete Paving Proj- ect No. I. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $17,476.60 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds for the purpose of provid- ing for the payment of the assessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of tbe City of Dubuque 1969 hot mix-hot laid asphaltic concrete paving pro. ject no. I on the following named streets; 1. Pennsylvania Avenue-from W.P.L. of Key-Knolls Sub. to W.P.L. of Lot 2-1 of E'6 of SWV. of Section 21, T. 89 N. R. 2 E. 364 Adjourned Regular Session, September 8, 1970 2. Wacker Drive-patching be- , tween J.F.K. Road and U.S. #20. 3. John F. Kennedy Road- patching between Pennsylvania Avenue and Uuiversity Avenue. 4. Central Avenue-from S.P.L. of Fulton School to a point 100' north of West 32nd Street, there shall be issued street improvement bonds in the amount of $17,000.00 in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shan be called street improvement bonds; and shall bear the date of October 9, 1970; and shall be numbered con- secutively; and they shall be num- bered, divided into series, and b. in such denominations and for such maturity dates as are shown in the following table: Series No.1, Bond 4, No. 1523- 1526 Den. $500, Matur. April 1, 1970, Amount $2,000.00 Series No.2, Bond 4, No. 1527- 1530, Den. $500, Matur. April 1, 1971, Amount $2,000.00 Series No.3, Bond 4, No. 1531- 1534, Den. $500, Matur. April I, 1972, Amount $2,000.00 Series No. 4, Bond 4, No. 1535- 1538, Den. $500, Matur. April 1, 1973, Amount $2,000.00 I Series No.5, Bond 3, No. 1539- 1541, Den. $500, Matur. April 1, 1974, Amount $1,500.00 Series No.6, Bond 3, No. 1542- 1544, Den. $500, Matur. April 1, 1975, Amount $1,500.00 Series No.7, Bond 3, No. 1545- 1547 Den. $500, Matur. April 1, 1976, Amount $1,500.00 Series No.8, Bond 3, No. 1548- 1550, Den. $500, Matur. April 1, 1977, Amount $1,500.00 Series No.9, Bond 3, No. 1551- 1553, Den. $500, Matur. April 1, 1978, Amount $1,500.00 Series No. 10, Bond 3, No. 1554- 1556, Den. $500, Matur. April 1, 1979, Amount $1,500.00 3. Said bonds shall bear interest at the rate of seven per cent per annum payable semiannually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shan provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................................................ Series No. ............................................ CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, the sum of five hundred donars with interest thereon at the rate of seven per cent per annum, payable semi annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1966 Code of Iowa, as amended, and the Resolution of said City duly passed on the eighth day of Sep- tember, 1970, being Resolution No. 268-70. This Bond is one of a series of 34 bonds, all for $500.00 numbered 34 bonds, all for $500.00 num- bered from 1523 through 1556, all of like tenor and date, and issued for the purpose of provid- ing for the payment of the as- sessed cost of the City of Dubuque 1969 hot mix.hot laid asphaltic concrete paving project no. 1 as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1281 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recit- ed that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in reg- ular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby ir- revocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by Its Council has caused this bond to be signed Adjourned Regular Session, September 8, 1970 365 by its Mayor and countersigned by the City Clerk and the Seal of said City to be thereto affixed, this eighth day of September, 1970. (SEAL) Mayor City Clerk (Form of Coupon) On the ............ day of """""""", the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vides in said bond, the sum of .................... Dollars, in the office of the City Treasurer in the City of Dubuque, being ........ months' 'nterest due that date on its ........ ............ Bond No. ............ dated ...... Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpos. and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sen said bonds in the manner provided by law, tbe proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1281 and paid out by him to pay the cost of said contract. 8. Tbat the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigued with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginuing with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by regular United States mail ad- dressed to the last known address of the purchaser. Passed, adopted and approved this eighth day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proofs of Publication, certified to by the Publishers, of Notice of Levy of special Assessment and Intention of the City Council to issue bonds for the construction of Jobn F. Kennedy Road Sanitary Sewer 1969 from Kaufmann Ave- nue northerly to Old Timers Ath- letic Club Place, presented and read. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Statement of City Clerk certify- ing that notices of levy were mailed by certified mail on July 30, 1970, to property owners sub- ject to assessment to pay for as- sessed cost of constructing John F. Kennedy Road Sanitary Sewer 1969 from Kaufmann Avenue northerly to Old Timers Athletic Club Place, presented and read. Councilman Bitter moved that the statement be received and filed. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Statement of Barb Bruner, cer- tifying that notices of levy of Assessment were posted on Au. gust 5, 1970, in the assessable area of the Jobn F. Kennedy Road Sanitary Sewer 1969 from Kanf- mann Avenue northerly to Old Timers Athletic Club Place, pre- sented and read. Councilman Bit- ter moved that the statement be received and filed. Seconded by Adjourned Regular Session, September 8, 1970 Mayor Meyers. Carried by the All of which is assessed in pro. following vote: portion to the special benefits con- Yeas-Mayor Meyers, Council- ferred. men Bitter, Couchman, Molden- Passed, adopted and approved hauer, Pregler. tbis 8th day of September 1970. Nays-None. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen 366 RESOLUTION NO. 269-70 Schedule of Assessment RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of Jobn F. Kennedy Road Sanitary Sewer 1969 from Kanfmann Ave. nortberly to Old Timers Athletic & Supper Club Place Project No. 1, by Dick Scbiltz & Sons Con- struction Co., Contractor, in front of and adjoiuing the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for several amounts set op- posite each lot or parcel of real estate as set forth in the follow- ing schedule. For John F. Kennedy Road Sanitary Sewer 1969 from Kaufman Ave. northerly to Old Timers Athletic Club place Herschel T. & Lela M. Henry, 2-1-2-E. 2 Ac.-l J. P. Mettels Sub. #2....$ 505.56 Herschel T. & Lela M. Henry, 2-l-1-2-E. 2 Ac.-1 J. P. Mettels Sub. #2.... 505.56 Herschel T. & Lela M. Henry, 1-1-1-2-E. Ac. 1 J. P. Mettels Sub. #2 .... 609.72 John & Fannie Sitterly, 2-2-E. 2 Ac.-l J. P. Met- tels Sub. #2 ................ 939.14 Charles & Carol Heeren, 2-1-2 S. 'h-2-1-Min. Lot 452 .................................. 718.66 Carl J. Lemmer, 2-1-1-2 S. 'h-2-1-Min. Lot 452 .... 760.25 Arthur W. & Margaret Pins, Old Timers Ath- letic & Supper Club Place ................................ 874.29 $4,913.18 City Share on 160' of Lot $1,216.40 All Cost of Sod ................ 305.59 100 Lin. Lt. of 8" Pipe @ $4.20 -........""'" 420.00 $1,941.99 (City Share) ..................$1,941.99 Total Cost: ....................$6,855.17 Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of publication, certified to by the publisher, of Notice of hearing to authorize the issuance of $4,500 sewer bonds to provide for the payment of the assessed cost for constructing tbe John F. Kennedy R 0 a d Sanitary Sewer 1969 from Kaufmann A v e n u e northerly to Old Timers Athletic Club Place, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Couchman moved that the proof of publication be re- ceived and filed. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 270-70 RESOLUTION providing for the issuance of sewer bonds for the purpose of providing for the payment of the assossed cost of the John F. Kennedy Road San- itary Sewer - 1969 . from Kauf- mann Avenue northerly to Old Timers Athletic Club Place. Whereas the contract heretofore entered into by tbe City of Du- buque, Iowa, for tbe improve- ments hereinafter described has Adjourned Regular Session, September 8, 1970 367 been completed and the City Man- ager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has deter- mined that $4,913.18 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in. tention of the City Council to issue hands for tbe purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the John F. Kennedy Road Sanitary Sewer - 1969 - from Kaufmann Avenue northerly to Old Timers Athletic Club Place there shall be issued sewer bonds in the amount of $4,500.00 Dollars in anticipation of the deferred pay- ment of assessments levied for such improvement. 2. Such bonds shall be called sewer bonds; and shall bear the date of October 9, 1970; and shall be numbered consecutively: and they shall be numbered, divided 'I into series, and be In such denom- inations and for such maturity dates as are shown in the follow- ing table: Series No.1, No. None, Den. None, Matur. """""""""" Series No.2. No. 1558, Den. $500, Matur. April 1, 1971 Series No.3, No. 1559, Den. $500, Matur. April 1, 1972 Series No.4, No. 1560, Den. $500. Matur. April 1, 1973 Series No.5, No. 1561, Den. $500, Matur. April 1, 1974 Series No.6, No. 1562, Den. $500, Matur. April 1, 1975 Series No.7, No. 1563, Den. $500, Matur. April 1, 1976 Series No.8, No. 1564, Den. $500, Matur. April 1, 1977 Series No.9, No. 1565, Den. $500. Matur. April 1, 1978 Series No. 10, No. 1566, Den. $500. Matur. April 1. 1979 3. Said bonds sball bear interest at the rate of seven per cent per annum, payable semiannually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funda. 5. Said bonds shall provide that they may be payable at any time prior to tbe maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. Series No. CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to tbe bear- er hereof, the sume of five hun- dred dollars with interest thereon at tbe rate of seven per cent per annum, payable semi annually, on the presentation and surrender of the Interest coupons hereto at- tached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Cbapter 396 of the 1966 Code of Iowa, as amended. and the Resolution of said City duly passed on the eigbth day of September, 1970, being Resolution No. 270-70. This Bond is one of a series of 9 bonds, all for $500.00 num- bered from 1558 through 1566, all of like tenor and date, and issued for the purpose of providing for the payment of the assessed cost of tbe John F. Kennedy Road San- itary Sewer - 1969 - from Kauf- mann Avenue northerly to Old Timers Atbletic Club Place as de. scribed in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1280 created by the collection of said special tax, and said fund can be used for no otber purpose. 368 Adjourned Regular Session, September 8, 1970 It is hereby certified and recited that aH the acts. conditions and tbings required to be done, pre. cedent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for tbe assessment, coHection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are bereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council bas caused tbis bond to be sigued by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this eighth day of September, 1970. (SEAL) Mayor City Clerk (Form of Coupon) On the ............ day of """,,"""", the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of ................ DoHars, in the office of the City Treasurer in the City of Dubuque, being ........ months' in- terest due that date on its ........ ........ Bond No. ............ dated ........ Mayor City Clerk 6. That the Mayor and City Clerk be and theye are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to seH said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1280 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile siguature of the City Clerk. 9. That as fast as funds aHow, beginning with the second year after the payment of interest due, the City Treasurer is directed to caH these bonds in the same order as numbered. 10. Notice of election to caH these bonds sball be given by reg- ular United States mail addressed to tbe last known address of the purchaser. Passed, adopted and approved this eighth day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the foHowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 271.70 Ratifying, confirming and adopt. ing the publication of notice of sale of Project Notes (Third Series 1970) and the receiving of proposals for the s.la of said notes for the Downtown Urban Renewal Project Iowa R.15 WHEREAS, under date of July 26, 1967, the City of Dubuque entered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, under date of April 7, 1969, the Council of the City of Dubuque adopted Resolution No. 87-69 authorizing to be issued, from time to time, Project Notes in connection witb the Downtown Urban Renewal Project, Iowa R-15, in an aggregate principal amount outstanding at anyone time of not to exceed $8,624,313; and WHEREAS, under date of May 11, 1970, the Council of the City of Dubuque autborized the issu- ance and sale of its Project Notes in tbe aggregate principal amount of $3,235,000 to finance certain undertakings in connection with Adjourned Regular Session, September 8, 1970 369 the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in order to refi- nance a portion of the outstand- ing Project Notes, it is necessary for the City of Dubuque to seH Project Notes (Third Series 1970) totaling $3,265,000; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That the publica- tion by the City Clerk, according to law, of the "Notice of Sale - Project Notes" in tbe form of Exhibit "A" attached hereto and made a part hereof is hereby ratified, confirmed and accepted. SECTION 2. That the City Clerk be and he is hereby authorized and directed to accept and tab- ulate proposals for the sale of said notes and to send telegrams 'I' of acceptance to the low bidder or bidders all in accordance with instructions covering such transac- tions as provided by the Depart- ment of Housing and Urban De- velopment, United States of Amer- ica. SECTION 3. That a meeting of the Council of the City of Du. buque shaH be held after the bid opening date of September 15, 1970, to adopt such resolution or resolutions necessary for the con- summation of the sale of Project Notes (Third Series 1970) to the lowest bidder or bidders. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenbauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk NOTICE OF SALE - PROJECT NOTES CITY OF DUBUQUE (Nama of Local Issuing Agency) Sealed proposals wilJ be re- ceived by City of Dubuque (here- in called the "Local Issuing Agen- cy") at Council Chambers, City HaH, 13th and Iowa in the City of Dubuque, State of Iowa 52001, until, and publicly opened at, one o'clock P.M. (E.D.s.T.) on Septem- ber 15, 1970, for the purchase of $3,265,000 of Project Notes (Third Series 1970), being issued to aid in financing its project(s) as fol- lows: Amount $3,265,000 Serle. Third Series 1970 Maturity February 11, 1971 The Notes win be dated October 14, 1970, wil be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the proposal or proposals acepted for the pur- chase of such Notes. All proposals for the purchase of said Notes shall be submitted in a form approved by the Local Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuing Agency at the address indicated above. Detailed information with respect to the conditions of this sale may be obtained from the September 1, 1970 issue of Tha Dally Bond Buyer. CITY OF DUBUQUE By Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 272.70 Subdividing certain lots In the Downtown Urban Renewal Proj- ect Area for public rlght-of.way and other purposes and amend- ing Resolution No. 53-70. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to tbe Urban Re- newal Plan for said Project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has 370 Adjourned Regular Session, September 8, 1970 otherwise prepared certain land Passed, approved and adopted for reuse purposes; and this 8th day of September, 1970. WHEREAS, a plat subdividing Donald R. Meyers certain lots for public right.of- Mayor way and other purposes has been Walter A. Pregler examined by the City Council of Wayne A. Moldenhauer the City of Dubuque, Iowa; and Gaylord M. Couchman WHEREAS, said plat bas been Joseph J. Bitter examined by the Planning and Councilmen Zoning Commission of tbe City Attest: of Dubuque, Iowa, and has its Leo F. Frommelt approval endorsed thereon; and City Clerk to ~~~S~f ~~~ ~~:~e c~Ff;:::, . Councilman Bitter. moved adop- and the ordinances of the City 01 tIon of the resolutlOn. Seconded Dubuque, governing the subdivi- by Councllma? Couchman. Camed sion of real estate in the City of by the followmg vote: . Dubuque, Iowa, now therefore Yeas--:-Mayor Meyers, CouncIl. BE IT RESOLVED BY THE men BItter, Couchman, Molden. CITY COUNCIL OF THE CITY hauer, Pregler. OF DUBUQUE, IOWA: Nays--:-None. SECTION 1. That the plat dated RESOLUTION NO. 273.70 July 10, 1969, of the Subdivision Dedicating certain lots in the of the North 38 feet 6 inches of Downtown Urban Renweal Proj. City Lot 219, tbe Subdivision of ect Area for street purposes and the Soutb 12 feet 9 incbes of City amending Resolution No. S4-70 Lot 219, tbe Subdiv~s~on of City WHEREAS, under date of July Lot 220, the Subdi~I~lOn of CIty 26, 1967, tbe City of Dubuque and Lot 221, the SubdmslOn of Lot 2 the United States of America en- of City Lot 222, tbe Subdivision tered into a Loan and Capital of Lot 1 of CIty Lot 222, the Sub- Grant Contract for the undertak- division of City Lot 223, the Sub- ing of the Downtown Urban Re. dIVIsIon of City Lot 224, the Sub- newal Project Iowa R-15' and division of the North 21 feet 3 WHEREAS' the City' of Du- ~~~~e~fo:b~Itão~~ ;~5f:~: :~~â.';,'; buque, pursu~nt to. the U~ban He. of City Lot 225, the Subdivision newal Plan for s81d ProJect, has of City Lot 226, the Subdivision acquIred real estate, relocated sIte of City Lot 227, and of the Sub- occupan~s, demolished and re- division of City Lot 228, each in moved .slte lIDprovements, and has the City of Dubuque, Iowa, by otherwIse prepared cert81n land Carl F. Bartels, Licensed Profes- for reuse purposes; and . . sional Civil Engineer and Land WHEREAS, a plat dedIcatIng Surveyor, be and the same is here- certam lots fo~ street purposes by approved has been exammed by the City SECTION '2. Tbat Section 3 of ;o~::i~n~f the City of Dubuque, Resolution No. 53 adopted tbe 2nd' . day of March, 1970, as it hereto- Wf!EIŒAS, saId plat ~as been fore existed be and the same is exammed by tbe Planmng and hereby repealed and declared nuJl Zoning Commission of th~ City and void. of Dubuque, Iowa, and has Its ap- SECTION 3. That the Mayor and proval endorsed tbereon; and City Clerk be and they are hereby WHEREAS, said plat conforms authorized and directed to execute to the laws of the State of Iowa, said plat for and on behalf of and the ordinances of the City of tbe City of Dubuque, Iowa. Dubuque, governing tbe subdivi- SECTION 4. That the City Clerk sion of real estate in the City of be and is hereby authorized and Dubuque, Iowa, now therefore directed to file a copy of this Res- BE IT RESOLVED BY THE olution in the Office of the Coun- CITY COUNCIL OF THE CITY ty Recorder in and for Dubuque OF DUBUQUE, IOWA: cou.nty, Iowa, and in the Office I SECTION 1. That the plate dat- of the City Assessor in and for ed January 15, 1970, dedicating tbe City of Dubuque, Iowa. Lot I of North 38 feet 6 inches ~ ~. . , Adjourned Regular Session, September 8, 1970 371 of City Lot 219, Lot 1 of South 12 feet 9 inches of City Lot 219, Lot 1 of City Lot 220, Lot 1 of City Lot 221, Lot 1 of Subdivision of Lot 2 of City Lot 222, Lot 1 of Subdivision of Lot 1 of City Lot 222, Lot 1 of City Lot 223, Lot 1 of City Lot 224, Lot 1 of North 21 feet 3 inches of City Lot 225, Lot I of South 30 feet 4 inches of City Lot 225, Lot 1 of City Lot 226, Lot 1 of City Lot 227, and Lot 1 of City Lot 223, each in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Pro- fessional Civil Engineer and Land Surveyor, be and the same is here- by approved, and the dedications of said lots for public street pur- poses as Iowa Street together with easements for public utilities as the same appears upon said plat, be and the same are hereby ac- cepted. SECTION 2. That Section 2 of Resolution No. 54-70 adopted the 2nd day of March 1970, as it here- tofore existed be and the same is hereby repealed and declared null and void. SECTION 3. That the Mayor and Ctiy Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the !I City of Dubuque, Iowa. SECTION 4. That the City Clerk be and is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du- buque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pre g I e r moved adoption of tbe resolution. Sec- onded by Mayor Meyers. Carried by the foJlowing vote: Yeas-Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 274-70 Approving a plat in Dubuque Downtown Plaza in the City of Dubuque, Iowa and amending Resolution No. 55.70 WHEREAS, under date of July 26, 1967, the City of Dubuque and the Uuited States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R.15; and WHEREAS, the City of Du- buque, pursuant to the Urban Re- newal Plan for said Project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has otherwise prepared certain land for reuse purposes; and WHEREAS, a plat of Lot 1 of Block 4 in the Dubuque Down- town Plaza being comprised of City Lot 248, City Lot 247, Lot 1 of City Lot 246, City Lot 246A, Lot 2 of Nortb 38 feet 6 inches of City Lot 219, Lot 2 of South 12 feet 9 inches of City Lot 219, Lot 2 of City Lot 220, and Lot 1 of Lot 2 of City Lot 221, each in the City of Dubuque, Iowa; and of Lot 2 of Block 4 in Dubuque Downtown Plaza being comprised of Lot 2 of City Lot 246, City Lot 245, City Lot 244, City Lot 244A, City Lot 244B, Lot 2 of Lot 2 of City Lot 221, Lot 2 of Lot 2 of City Lot 222, Lot 2 of Lot 1 of City Lot 222, and Lot 2 of City Lot 223, each in the City of Du- buque, Iowa; and of Lot 1 of Block 5 in Dubuque Downtown Plaza being comprised of Lot 2 of City Lot 224, City Lot 224A, City Lot 244B, Lot 2 of North 21 feet 3 inches of City Lot 225, Lot 2 of South 30 feet 4 inches of City Lot 225, Lot 2 of City Lot 226, City Lot 241, City Lot 242, City Lot 243, City Lot 243A, and City Lot 243B, each in the City of Dubuque, Iowa; and of Lot 2 of Block 5 in Dubuque Downtown Plaza being comprised of North 29 feet 7 inches of City Lot 240, South 22 feet of City Lot 240, North 0 feet 11 inches of North 26 feet of City Lot 239, South 25 feet 2 inches of North 26 feet of City Lot 239, South 26 feet 6 inches. of City Lot 239, City Lot 239A, Lot 2 of City Lot 227, and Lot 2 of City Lot 223, each in the City of Du- 372 Adjourned Regular Session, September 8, 1970 313 Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried Attest: Leo F. Frommelt City Clerk Adjourned Regular Session, September 8, 1970 Councilman Couchman moved RESOLUTION No. 276-70 adoption of the resolution. Sec. SUBDIVIDING CERTAIN LOTS IN onded by Councilman Moldenhau- THE DOWNTOWN URBAN RE- er. Carried by the following vote: NEWAL PROJECT AREA FOR Yeas - Mayor Meyers, Coun- PUBLIC RIGHT-OF-WAY AND cilmen Bitter. Couchman, Molden- OTHER PURPOSES hauer, Pregler. WHEREAS, under date of July Nays-None. 26, 1967, the City of Dubuque and the United States of America enter- August 21, 1970 ed into a Loan and Capital Grant Honorable Mayor and Contract for the undertaking of the Council Members Downtown Urhan Renewal Project, Tbe City Planning and Zoning Iowa R-15; and. Commission has reviewed final WHEREAS, the CIty of Dubuque, plats in the Downtown Urban Re- pursuant t.o the. Urban Ren~wal newal Area, as follows: plat of Plan for saId ProJect, has acquIred Block 18 in Dubuque Downtown real estate, relocated sIte occu- Plaza; plat of Block 10 in Dubuque pants, demolIshed and removed Downtown Plaza' plat of Block 11 sIte Improvements. ~nd bas other- in Dubuque Do~town Plaza' and WIse prepared certam land for re- plat of Blo~k 12.in Dubu9ue Down- us~=~;, a:d plat subdividing town Plaza, all m the CIty of Du- certain lots for public right-of-way buque, Iowa.. . . and other purposes bas been exa- The CommIssIOn also revIewed a mined by the City Council of the Subdivision of City Lot 571 and City of Dubuque Iowa' and d~dication of Lot 1 of said Subdi- WHEREAS, s~id pÎat has been vIsIOn. f.or street. purposes; and examined by the Planning and Zo- SubdlVl.slOn of CIty Lot. 24 an? ning Commission of the City of dedICation of Lot 2 of saId Subdl- Dubuque Iowa and has its appro- vision. for street purposes, all in val endo;sed thereon; and the CIty of Dubuque, Iowa. WHEREAS said plat conforms to Tbe Commission also reviewed the laws of the State of Iowa, and Subdivision of Middle 'h of City the ordinances of the City of Du- Lot 31, North 'h ~f City Lot 31. buque, governing the subdivision South 30 feet of CIty Lot 32, and of real estate in the City of Du- the North 34 feet of City Lot 32 buque, Iowa, now therefore, and the dedication of Lot 1 in BE IT RESOLVED BY THE CITY each of the above Subdivisions for COUNCIL OF THE CITY OF DU- street purposes, all in the City of BUQUE IOWA- Dubuque, Iowa.. Secti~n 1. That the plat dated The CommissIOn has found that August 8 1970 of the subdivision tbe plats are in accord with the of Middl~ On~.Tbird of the City Urban Renewal Plan for the City Lot 31; and of Nortb One-Third of of Dubuque, Iowa, and meet the City Lot 31' and of South ~inimum requirements of the Or- 30 feet of City Lot 32; and of North dmance. 34 feet of City Lot 32; each in the It is the recommendation of the City of Dubuque, Iowa, by Carl F. Commission that the proposals, as Bartels, Licensed Professional Civil described, be approved. Engineer and Land Surveyor, be Respectfully submitted, and the same is hereby approved. City Planning and Section 2. That the Mayor and Zoning Commission City Clerk be and they are hereby Don Gilson authorized and directed to execute City Planner said plat for and on beba!f of the Mayor Meyers moved that the City of Dubuque, Iowa. communication be received and Section 3. That tbe City Clerk be filed. Seconded by Councilman and is hereby authorized and di- Pregler. Carried by the following rected to file a copy of this Resolu- vote: tion in the Office of the County Re- Yeas - Mayor Meyers, Coun. corder in and for Dubuque County, cilmen Bitter, Couchman, Molden- Iowa, and in the Office of the City hauer, Pregler. Assessor in and for the City of Du- Nays-None. buque, Iowa. by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 27S.70 Authorizing the Execution and Delivery of Deed to Ames Real- ty, Inc. for Sale of Land In the Downtown Urban Renewal prol- ect, Iowa R-15. WHEREAS, under date of Aug- ust 12, 1970 the City of Dubuque and Ames Realty, Inc. entered in- to a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private re- development by Ames Realty. Inc.; and WHEREAS. Ames Realty. Inc. have complied with the conditions of said Contract, and bave re- quested that the City of Dubuque execute and deliver to them a Deed for tbe land described here- inbelow; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Ames Realty. Inc. for the sale of Reuse Parcels 8 and 9 of Block 3 in the Downtown Urban Renewal project, Iowa R-15, legally de- scribed as Lot 1 of Block 2 and Lot 2 of Block 2 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 14,083.444 square feet, more or less. Section 2. That the Director of the Department of Urban Renewal is hereby authorized and directed to deliver said Deed to Ames Real- ty, Inc. upon receipt of the pur- chase price of $30,760.72 on the basis of $2.25 per square foot for 7,903,289 feet and $2.10 per square foot for 6,180.151 square feet. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen buque, Iowa, has been examined by the City COuncil of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planuing and Zoning Commission of the City of Dubuque, Iowa, and has its ap- proval thereon; and WHEREAS, said plat conforms to the laws of the state of Iowa, I and tbe ordinances of the City of Dubuque, Iowa, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat of Lot 1 of Block 4, Lot 2 of Block 4, Lot 1 of Block 5, and Lot 2 of Block 5, each in Dubuque Down- I town Plaza in the City of Du- buque, Iowa, dated July 10, 1969, by Carl F. Bartels, a Licensed Pro- fessional Civil Engineer and Land Surveyor, be and the same is here- by approved. Section 2. That the fifth Where- as Clause and Section 3 of Reso- lution No. 55-70 adopted tbe 2nd day of March 1970, as they bere- tofore existed be and the same are hereby repealed and declared null I and void. Section 3. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on bebalf of the City of Dubuque, Iowa. Section 4. That the City Clerk be and is bereby authorized and directed to file a copy of this Res- olution in the Office of the County! Recorder in and for Dubuque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen 314 Adjourned Regular Session, September 8, 1970 Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 277.70 Dedicating Certain Lots in the Downtown Urban Renewal Proj. ect Area for Street Purposes. WHEREAS, under date of Julv 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of tbe Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to the Urban Re- newal Plan for said Project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has I otherwise prepared certain land for reuse purposes; and WHEREAS, a plat dedicating certain lots for street purposes has been examined by tbe City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and has its ap- proval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plate dated August 8, 1970 dedicating Lot 2 of Middle one-third of City Lot 31; and of Lot 2 of North one-third of City Lot 31; and of Lot 2 of South 30 feet of City Lot 32; and of Lot 2 of North 34 feet of City Lot 32, eacb in the City of Dubuque, Iowa, by Carl F. Bartels, licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby approved, and the dedi- cations of said Lots for public street purposes as West Ninth Street and Main Street respect- fully together with easements for public utilities as the same ap- pears on said plat, be and the same are hereby accepted. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. Tbat the City Clerk be and is bereby authorized and directed to file a COpy of this Resolution in the Office of the County Recorder in and for Du- buque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed. approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenbauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by tbe following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 278-70 APPROVING A PLAT IN DUBU- QUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 26, 1967, tbe City of Dubuque and tbe United States of America enter- ed into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Pro- ject, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, bas acquired ¡real estate, relocated site occu- pants, demolished and removed l , 11 ; ~ 'b ; Adjourned Regular Session, September 8, 1970 site improvements, and has other- wise prepared certain iand for re- use purposes; and WHEREAS, a plat of Block 10 in Dubuque Downtown Plaza being ~~~J'~;egit~f L~~t3t ~rf~d¡'i,~~~ ORDINANCE No. 45-70 one-third of City Lot 31 Lot 1 of VACATING PORTIONS OF CER- South 30 feet of City L~t 32, and rAIN STREETS AND ALLEYS IN Lot 1 of North 34 feet of City Lot THE DOWNTOWN URBAN BE- 32, each in tbe City of Dubuque, NEWAL PROJECT AREA Iowa, has been examined by the presented and read. City Council of the City of Dubu- Councilman Bitter moved tbat que, Iowa; and the reading just had be considered WHEREAS, said plat has been the first reading of the Ordinance. examined by the Planning and Zo- Seconded by Ma~or Meyers. Car. ning Commission of the City of Du- TIed by the followmg vote: . buque, Iowa, and has its approval Yeas. -Mayor Meyers, Councll- endorsed tbereon; and men BItter, Couchman, Molden. WHEREAS, said plat conforms to hau,er, Pregler. the laws of the State of Iowa, aud Nays - None. the ordinances of the City of Du- Councilman Bitter moved that buque, governing the subdivision of the rule requiring an Ordinance to real estate in the City of Dubuque. be read on three separate days be Iowa, now therefore waived. Seconded by Mayor Meyers. BE IT RESOLVED BY THE CITY Carried by the folJowing vote: COUNCIL OF THE CITY OF DU- Yeas - Mayor Meyers, Council- BUQUE, IOWA: men Bitter, Couchman, Molden- Section 1. That the plat of Block hauer, Pregler. 10 in Dubuque Downtown Plaza in Nays - None. the City of Dubuque, Iowa, dated ORDINANCE NO. 45-70 August 8, 1970 by Carl F. Bartels, VACATING PORTIONS OF CERTAIN a Licensed Professional Civil En- ßõ",J.&'3n~ND UR'B~vS R,p;:,ri~ gmeer and Land Surveyor. be and PROJECT AREA the same is hereby approved. WHEREAS. under date of July 26, Section 2. That the Mayor and l)'~liedths'\at~~tYo,oÁm~~i:,~q~~te~~~ i:.'i~ City Clerk be and tbey are hereby rh~0~~d;~~k9~;it:;¡ f.;:;nòo~.rt""';;~t iJ':. authomed and dIrected to execute ban Renew,' Project, Iowa R-15: and said plat for and en behalf of tbe ,u~Et~Eij,S~ \'):'b:;AtYR~~'?:':'."'¡'~:nP¡:;; CIty of Dubuque, Iowa. "Id Project. h., acqul"d real e'tate. Section 3. That the City Clerk be ~:;J'c~':~ov'~~e s~~cu":,;~;~ve~~'::fs~s~'i,~ and is bereby authori2ed and di- h., otherwise prepared c«tain land rected to file a copy of this Resolu- fo{.,.¡';,;!~iA"s~r~~'"~~d:~d to dl,pose of tion in the Office of the County Re- saId land for redevelopment in ac- corder in and for Dubuque County, ;;~~~~'we is wA~~"'~:~t t'¡;~~a~oJ',~~~w:;¡ Iowa. and in the Office of the City c«tain streets and alleY' in the Proj- Assessor in and for the City of Du- ec~~~';,:;, ~~~a~;:;n:'~~ and ZonIng buque, Iowa. Commi"'on of the Cltv of Dubuque, .Passed, approved and adopted ~~wS"idh~~r[,~;;;":.,¡,~~;'.,ee~s ~~d :ll~~;I~~ thIs 8th day of September, 1970. the City of Dubuoue, as said st"cts Donald R. MMeyers ~~~dd>rt¡~~s ;~blt~leY..'\gh[.~f.~a/o';,~"r'. ayor poses, now th.,efore Walter A. Pregler ~8U:JCIZR~~~ Bc'hP'8FCJ;'¡f, Wayne A. Moldenhauer BUQUE, IOWA, Gaylord M. Couchman SECTION I. Tbat tbat part of Oelgin- Joseph J. Bitter r~eWS~~t~~~~rt~o~~~~etof°cm,en;:~~g 2~~ Councilmen theno< South 22'41' East. 1099 feet, thence Sonth 67'46' West, 98.37 feet, thence North 22'41' West. 10.56 feet to the original northeely ,toeet line of West Seventh Steeet, tbence North 67' 30' East, 98.37 feet along tbe original northeely ,teeet line of E.,t Seventh Stoeet to the poInt of beginning be and the ,"me i, heeeby vacated. al SW¿;t°'j¡.;'ve~r,;'t ~~::efa'c'ogm~~~ 375 the following vote: Yeas - Mayor Meyers, men Bitter, Couchman, hauer, Pregler. Nays-None. Council- Molden- Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by 376 Adjourned Regular Session, September 8, 1970 August 11, 1970 subdividing a va- cated portion of West Seventh Street into City Lot 24A in the City of Dubuque, Iowa, by Carl F. Bartels, a Licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby ap- proved. SECTION 2. That the plat dated August 11, 1970 subdividing a va- cated portion of West Seventh Street into City Lot 25 A in the City of Dubuque, Iowa, by Carl F. Bartels, a Licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby ap- proved. SECTION 3. That the Mayor and City Clerk be and they are here- by authorized and directed to exe- cute said plats for and on behalf of the City of Dubuque, Iowa. SECTION 4. That the City Clerk be and is bereby autborized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du- buque County, Iowa. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Mo1denbauer Gaylord M. Coucbman Joseph J. Bitter Councilmen Attest, Leo F. Frommelt City Clerk Published officially In tbe Telegraph- H.,.ald Newapaper tbls 11th day of September 1970. Leo F. Frommelt, CIty Clerk I 1. 9-11 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the foJlowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 279.70 Approving Plats of portions of Vacated Streets and Alleys in I the Downtown Urban Renewal Pro¡ect Area. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to the Urban Re- newal Plan for said Project, has vacated portions of certain streets and aJleys to prepare land for re- use purposes; and WHEREAS, plats subdividing vacated portions of streets and al- leys into city lots in tbe City of Dubuque, Iowa, have been exam- ined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plats bave been I examined by the Planning and Zoning Commission of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That tbe plat dated Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 280-70 APPROVING A PLAT IN DUBU- QUE, DoWNTOWN pLAZA IN THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America enter- ed into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal plan for said Project, has acquired real estate, relocated site occu- pants. demolished and removed ì Adjourned Regular Session, September 8, 1970 377 site improvements, and has other- RESOLUTION No. 281.70 wise prepared certain land for re- SUBDNIDING CERTAIN LOTS IN use purposes; and THE DOWNTOWN URBAN HE- WHEREAS, a plat of Block 11 in NEW AL PROJECT AREA FOR Dubuque Downtown Plaza being PUBUC RIGHT-OF-WAY AND comprised of City lot 25 and City OTHER PURPOSES lot 25A, in the City of Dubuque, Iowa, has been examined by the WHEREAS, under date of July City Council of tbe City of Dubu- 26, 196.7, the City of Dub?que and que Iowa' and the Umted States of Amenca enter- , '. ed into a Loan and Capital Grant WHEREAS, said plat has been Contract for the undertaking of the e::<ammed bJ: the Plannmg a,!d Zo- Downtown Urban Renewal Project, mng CommISSIOn of tbe City of Iowa R-15' and Dubuque, Iowa, and has its appro- ' val endorsed thereon; and WHEREAS, the City of Dubuque, WHEREAS. said plat conforms to pursuant to the Urban Renewal the laws of the State of Iowa and Plan for said Project, has acquired the ordinance of the City of Du- real estate, relocated site occu- buque, governing the subdivision of pants, remolished and removed site real estate in the City of Dubuque improvements, and has otherwise Iowa, now therefore ' prepared certain land for reuse BE IT RESOLVED BY THE CITY purposes; and COUNCIL OF THE CITY OF DU- WHEREAS, a plat subdividing BUQUE, IOWA: certain lots for public right-of-way Section 1. That the plat of Block and other purposes has been exa- 11 m Dubuque Downtown Plaza in mined by the City Council of the the City of Dubuque, Iowa, dated City of Dubuque, Iowa; and Auguest 8, 1970 by Carl F. Bartels, a Licensed Professional Civil Enl6- WHEREAS, said plat has been neer and Land Surveyor, be and the examined by the Planning and ZOo same is hereby approved. ning Commission of the City of Du- Section 2. That the Mayor and buque, Iowa, and has its approval City Clerk be and they are hereby endorsed thereon; and authorized and directed to execute . said plat for and on behalf of tbe WHEREAS, said plat conforms to City of Dubuque Iowa the laws of tbe State of Iowa, and Section 3. That'the city Clerk be tbe ordinance. of the Citr ..~ Du- and is hereby authorized and di- buque, gove.rmng th~ subdiVIsIOn of rected to file a copy of this Resolu- real estate m the City of Dubuque, tion in the Office of the County Be. Iowa, now therefore corder in and for Dubuque County, BE IT RESOLVED BY THE CITY Iowa, and in the office of the City COUNCIL OF THE CITY OF DU- Assessor in and for the City of Du- BUQUE, IOWA: buque, Iowa. . Passed, approved and adopted Section 1. That the plat. ~a!ed tbis 8tb day of September, 1970. Aue'!st 11. 1970,. of the s?bdlVISlon Donald R. Meyers of City Lot 24, m the City of Du- Mayor buque, Iowa, by Carl F. Bartels, Walter A. Pregler Licensed Profssional Civil Engineer Wayne A. Moldenhauer and I:and Surveyor, be and the Gaylord M. Couchman same IS here by approved. Joseph J. Bitter Section 2. That tbe Mayor and Councilmen City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and di- rected to file a copy of this Resolu- tion in the Office of tbe County Re- corder in and for Dubuque County, Iowa. and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Attest: Leo F Frommelt City' Clerk Councilman Coucbman moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. 378 Adjourned Regular Session, September 8, 1970 Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenbauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo. F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Coucbman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 282.70 Dedicatinq Cort.in Lots in the Downtown Urban Rpnewal Proj- ect Area for Street Purposes. WHFREAS, under date of July 26, 1967. the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for tbe undertak- ing of the Downtown Urban Re- I newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to tbe Urban Re- newal Plan for said Project, has acquired real estate. relocated site occupants, demolisbed and re- moved site improvements. and h1' otberwise prepared certain land for reuse purposes; and WHEREAS, a plat dedicatiuq certain lots for street purposes has been examined by the City Coun- cil of the City of Dubuque, Iowa; and WHEREAS, a said plat has been I examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and has its ap- proval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the plat dated August 11, 1970 dedicating Lot 2 of the subdivision of City Lot 24, in the City of Dubuque, Iowa, by Carl F. Bartels, licensed Profes- sional Civil Engineer and Land Surveyor, be and the same is here- by approved, and the dedication of said Lot for public street purposes as Main Street with easements for public utilities as the same ap- pears on said plat, be and the same are hereby accepted. SECTION 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on bebalf of the City of Dubuque, Iowa. SECTION 3. That the City Clerk be and is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du- buque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved, and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Josepb 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 Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 283-70 APPROVING A PLAT IN DU- BUQUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America enter- ed into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Pro- ject. Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, bas acquired real estate, relocated site occu- pants, demolished and removed site improvements, and has other- wise prepared certain land for re- use purposes; and Adjourned Regular Session, September 8, 1970 WHEREAS, a plat of Block 12 in RESOLUTION No. 284-70 Dubuq.ue Downtown Plaza being SUBDlVIDll'iG CERTAIN LOTS IN comprISed of Lot 1 of the Subdl' THE DOwNTOWN URBAN RE- vISIon of CIty Lot 24 and CIty Lot NJ;;WAL PROJECT AREA FOR 24A, each m the Clty.of Dubuque, PUBLIC RIGHT-OF-WAY AND Iowa, has been exammed by the OTHER PURPOSES CIty CouncIl of the CIty of Dubu- que, Iowa; and WHEREAS, under date of July WHEREAS, said plat has been 26, 1967, the City of Dubuque and examined by the Planning and Zo- the UnIted States of AmerIca enter- ning Commission of the City of Du. ed mto a Loan and CapItal Grant buque, Iowa. and has its approval Contract for tile undertakmg of the endorsed thereon; and Downtown Urban Renewal ProJect, Iowa R-15; and WHEREAS, said plat confroms to the laws of the State of Iowa, WHEREAS, tbe City of Dubuque, and the ordinances of the City of pursuant to the Urban Renewal Dubuque, governing the subdivi- Pian for said Project, has acquired sion of real estate in the City of real estate, relocated site occu- Dubuque, Iowa, now therefore pants, remolished and removed site BE IT RESOLVED BY THE CITY improvements, and bas otherwise COUNCIL OF THE CITY OF DU- prepared certam land for reuse BUQUE, IOWA: purposes; and Section 1. That the plat of Block WHEREAS, a plat subdividing 12 in Dubuque Downtown Plaza in certain lots for public right-of-way the City of Dubuque, Iowa, dated and other purposes bas been exa- August 11, 1970, by Carl F. Bartels, mined by the City Council of the a Licensed Professional Civil Engi- City of Dubuque, Iowa; and neer and Land Surveyor, be and, . the same is hereby approved. V\ HEREAS, saId plat has been . Section 2. That tbe Mayor and ~f~~ll~n:~~~s¡~~ :1~~~I~ft;~1 ;~: CIty Clerk be and they are hereby buque, Iowa, and has its approval authorIZed and dIrected to execute endorsed tbereon' and saId plat for and on bebalf of the ' City of Dubuque, Iowa. WHEREAS. said plat conforms to Section 3. That the City Clerk be the laws of the State of Iowa. and and is hereby authorized and di- the ordinances of the City of Du- rected to file a copy of this Resolu- buque, governing the subdivision tion in the Office of the County Re- of real estate in the City of Du- corder in and for Dubuque County, buque, Iowa, now tberefore Iowa. and in the Office of the City BE IT RESOLVED BY THE CITY Assessor m and for the CIty of COUNCIL OF THE CITY OF DU- Dubuque, Iowa. BUQUE IOWA' Passed, approved and adopted ' . this 8th day of September, 1970. Section 1. That the plat dated Donald R. Meyers August 10, 1970, of the subdivision Mayor of City Lot 751 in the City of Du- Walter A. Pregler Licensed Professional Civil Engi- Wayne A. Moldenhauer neer and Land Surveyor, be and the Gaylord M. Couchman ;ame IS hereby approved. Joseph J. Bitter Section 2. That the Mayor and Councilmen City Clerk be and they are hereby authorized and directed to execute sa;d plat for and on bebalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and di- rected to me a copv of tÞ¡' Resolu- tion in the OWce of the County Re- corder in and for Dubuque County. Iowa, and in the Office of the City A"essor in and for the City of Du- buque, Iowa. 379 Attest: Leo. F. Frommelt City Clerk Councilman Bitter moved adop. tion of the reS1lution. Seconded by Councilman Pregler. Carried bv the following vote: . Yeas - Mayor Meyers, Counril- men Bitter. Coucbman, Molden- hauer, Pregler. Nays - None. 380 Adjourned Regular Session, September 8, 1970 Carl F. Bartels, Licensed Profes- sional Civil Engineer and Land Surveyor, be and the same is here- by approved, and the dedication of said Lot for public street pur- poses as West Seventh Street with easements for public utilities as the same appears upon said plat, be and the same are hereby ac- cepted. SECTION 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behaU of the City of Dubuque, Iowa SECTION 3. That the City Clerk be and is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du. buque County, Iowa, and in the Office of tbe City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 8tb day of september, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Coucbman Joseph J. Bitter Councilmen Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Josepb J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter. Couchman, MOlden. hauer, Pregler. Nays - None. RESOLUTION NO. 285-70 Dedicating Certain Lots In the Downtown Urban Renewal Prol. oct Aree For Street purposes. WHEREAS, under date of Julv 26, 1967, the City of Dubuque and the United states of America en- tered into a Loan and Capital Grant Contract for tbe undertakin~ of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to the Urban Re- ' newal Plan for said project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has otherwise prepared certain land for reuse purpose; and WHEREAS, a plat dedicating certain lots for street purposes has been examined by the City Council of the City of Dubuque, I Iowa; and WHEREAS, said plat bas been examined by the planning and Zoning Commission of the City of Dubuque, Iowa, and has its approv- al endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and tbe ordinances of the City of Dubuque, governing the subdivi- , sion of real estate in the City of Dubuque, Iowa, now tberefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the plat dated August 10, 1970, dedicating Lot 1 of the subdivision of City Lot 751, In the City of Dubuque, Iowa, by Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 286-70 Approving a Plat In Dubuque Downtown PI..a In the City of Dubuque, Iowa. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du. buque, pursuant to the Urban Re- newal Plan for said Project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has otherwise prepared certain land for reuse purposes; and Adjourned Regular Session, September 8, 1970 381 WHEREAS, a plat of Block 18 Councilman Couchman moved in Dubuque Downtown Plaza be. adoption of the resolution. Second- ing comprised of South Two-Thirds ed by Councilman Bitter. Carried of City Lot 748, and of North One- by the following vote: Third of City Lot 748, and of South Yeas - Mayor Meyers, Coun- One-Third of City Lot 749, and of cilmen Bitter, Couchman, Molden- Middle One-Third of City Lot 749, bauer, Pregler. and of North One-Third of City Nays-None. Lot 749, and of South Two-Thirds '" . of South One-Half of City Lot 750, Proof of Pubhcation, certified and of North One-Third of South t? by the ~blisher, of Legal No- One-Half of City Lot 750, and of lice .of ~eanng for .the. purpose of Soutb One-Third of North One- consld~nng authonzatlOn of the Half of City Lot 750, and of North execubon of a proposed agreement Two-Tbirds of North One-Half of between the City. of Dubuque and City Lot 750, and Lot 2 of City R. & S. Enterpnses Inc. for the Lot 751, each in the City of Du. purchase of Urban Renewal land, buque, Iowa, has been examined presente? and r~ad: . by the City Council of the City No wntten Ob¡ectlOns were filed of Dubuque Iowa' and and no oral objectors were pres- " ent in the Council Chamber at the ~REAS, said plat ~as been time set for the public hearing. exa:nmed by. t~e Planmng. and Councilman Pregler moved that Zomng Commlssl~n of the CIty. o.f the proof of publication be re- ~ubuque, governm~ the SU.bdlVl- ceived and filed. Seconded by Ma- SlOn of real estate m the CIty of yor Meyers. Carried by the fol- Dubuque. Iowa, now tberefore lowing vote: BE IT RESOLVED by the City Yeas - Mayor Meyers, Coun- Council of the City of Dubuque, cilmen Bitter, Couchman, Molden- Iowa: hauer, Pregler. SECTION 1. That the plat of Nays-None. Block ~8 in Dubuque Downtown RESOLUTION No. 287-70 Plaza m the CIty of Dubuque, AUTHORIZING THE EXECUTION Iowa, dated August 10, 1970, by OF A CONTRACT FOR SALE OF Carl F. Bartels a Licensed Profes- LAND FOR PRIVATE REDEVE- sional Civil Engineer and. Land LOPMENT WITH R & SENTER. Surveyor, be and the same IS here PRISES INC by approved. WHEREAS, pur~uant' to Resolu- SECTION 2. That the Mayor and tion No. 218-70 dated August 4, City Clerk be and they are hereby 1970, and a Notice of Public Hear- authorized and directed to execute ing published in the Tel_aph- said plat for and on behalf of the Herald, a newspaper of general cir- City of Dubuque, Iowa. culation in the City of Dubuque, SECTI?N 3. That the C~ty Clerk ~~~:' If,n 1~~~~:ty\~~~~ila::'~tAo':; b~ and IS b~reby authonz<;d and the eighth day of September, 1970, dlre~ed. to file a copy of thIS Res- at 7:30 o'clock P.M., Central Day- olutlOn m the OffICe of the Coun- light Time in the City Council ty Recorder in and. for Dub~{ue Chambers, ~f City HalJ, Dubuque, County, .Iowa, and ~n the 0 Ice Iowa, to consider the proposal of of the City Assessor m and for the the interest of the City of Dubu- CIty of Dubuque, Iowa. que to the Southerly 15 feet of the Passed, approved and adopted Northerly 65 feet of the Westerly this 8th day of September, 1970. 65 feet of Reuse Parcell of Block Donald R. Meyers 1, to R & S Enterprises, Inc. Mayor WHEREAS, pursuant to said re- Walter A. Pregler solution a copy of the Redevelop- Wayne A. Moldenhauer er's Statement for Public Disclo- Gaylord M. Couchman sure and a copy of the proposed Joseph J. Bitter form of Contract for Sale of Land Councilmen for Private Redevelopment was placed on file in the office of the City Clerk for public inspection; and t ;¡¡; ~. Attest: Leo F. Frommelt City Clerk ¡ 382 Adjourned Regular Session, September 8, 1910 wHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said in- terest of tbe City of Dubuque in the above described real estate to R & S Enterprises, Inc.; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE,10WA: Section 1. That the Mayor and City Clerk be and they are hereby authorized to enter into a Contract for Sale of Land and Private Re- development in accordance with the terms of Disposition Documents governing such sale with R & S Enterprises, Inc. for the real es- tate known as the Soutberly 15 feet of the Nortberly 65 feet of tbe Westerly 65 feet of Reuse Par- cel 1 of Block 1 in the Downtown Urban Renewal Project, Iowa R-15, containing 975 square feet, subject to survey, and legally described as the Northerly 15 feet of Lot 2 of Block 6 in Dubuque Downtown Pla- za, in the City of Dubuque, Iowa. Section 2. That said parcel of real estate shall be sold for $2.50 per square foot or a total price of $2,437.50 subject to final survey of the land to be conveyed. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Josepb J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Coucbman moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of publication, certified to by the publisher, of Legal Notice of Hearing to consider the autbori- zation of the execution of a pro- posed agreement between the City and the First National Bank of Du- buque, Adams Realty Cor¡>oration, Graham's Style Store for Men, Inc. K.A. Hartig for purcbase of land in tbe Urban Renewal area, presented and read. No objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Bitter moved tbat the proof of pub- lication be rcceived and filed. Se. conded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 288.70 AUTHORIZING THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVE- LOPMENT WITH FIRST NATION- AL BANK OF DUBUQUE AND ADAMS REALTY CORPORATION WHEREAS, pursuant to Resolu- tion No. 16!-70 dated June 19, 1970, and a Notice of Public Hearing pub. lished in the Telegraph.Herald, a newspaper of general circulation in the City of Dubuque, Iowa, on August 11, 1970 and August 18, 1970, City Council met on the ei~hth day of September, 1970, at 7:30 o'clock P.M.. Central Daylight Time, in the City Council Cham- bers, of City Hall, Dubuque. I,wa, to consider the proposal to dispose of the interest of the City of Du- buque to Reuse Parcels 4 and 5 of Block 8 in the Downtown Urban Re- newal Project. Iowa R-15. to First National Bank of Dubuque and Adams Realty Corporation; and WHEREAS, pursuant to said resolution a COpy of the Redevel- oper's Statement for Public Dis- closure and a copy of the pro- posed form of Contract for Sale of Land for Private Redevelop- ment was placed on file in tbe of- fice of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque. Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said in- terest of the City of Dubuque in the above described real estate to First National Bank of Dubuque and Adams Realty Corporation; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Mayor and City Clerk be and they are hereby Adjourned Regular Session, September 8, 1970 authorized to enter into a Contract for Sale of Land and Private Re- development in accordance with the terms of the Disposition Doc- uments governing such sale with First National Bank of Dubuque and Adams Realty Corporation for the real estate known as Reuse Parcels 4 and 5 of Block 8 in the Downtown Urban Renewal Project, Iowa R-15, containing 23,105_5 square feet, subject to survey, and legally described as Block 18 in Dubuque Downtown Plaza, in the City of Dubuque. Iowa. SECTION 2. That said parcel of real estate shall be sold for $5.04 per square foot or a total price of $116.451.72 subject to final survey of the land to be conveyed. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the fallowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 289-70 Authorizing the Execution of a Contract for Sale of Land for Private Redevelopment with K. A. Hartig. WHEREAS, pursuant to Resolu- tion No. 164-70 dated June 19. 1970. and a Notice of Public Hear- ing published in the Telegraph- Herald, a newspaper of general circulation in the City of Dubuque, Iowa, on August 11, 1970, and Au- gust 18, 1970, City Council met on the eighth day of September, 1970 at 7:30 o'clock P.M. Central Day- light Time, in the City Council Chambers, City Hall, Dubuque, Iowa. to consider the proposal to dispose of the interest of the City of Dubuque to Reuse Parcel 8 of Block 6 in the Downtown Urban 383 Renewal Project, Iowa R-15, to K. A. Hartig and WHEREAS, pursuant to said resolution a copy of the Redevel- oper's Statement for Public Dis- closure and a copy of the proposed form of Contract for sale of Land for Private Redevelopment was placed on file in the office of tbe City Clerk for public inspection; and WHEREAS, the City Council of Dubuque. Iowa, overruled any and all objections, oral and written, to the proposol to dispose of said interest of the City of Dubuque in the above described real estate to K. A. Hartig; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Mayor and City Clerk be and they are hereby autborized to enter into a Con- tract for Sale of Land and Private Redcvelopment in accordance with the terms of the Disposition Docu- ments governing such sale with K. A. Hartig for the real estate known as Reuse Parcel 8 of Block 6 in the Downtown Urban Renew- al Project, Iowa R-15. containing 8,351 00 square feet, subject to survey and legally described as Block 11 in Dubuque Downtown Plaza, in the City of Dubuque, Iowa. SECTION 2. That said parcel of real estate shall be sold for $4.92 per 'quare foot or a total price of $41,086.92 subject to final sur- vey of the land to be conveyed. Passed. approved, and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Couneilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman. Molden- hauer, Pregler. Nays-None. 384 Adjourned Regular Session, September 8, 1970 RESOLUTION NO. 290-70 Authorblng the Execution of a Contract For Sale of Land For Private Redevelopment With Graham's Style Store For Men, Inc. WHEREAS, pursuant to Resolu- tion No. 164-70 dated June 19, 1970, and a Notice of Public Hear- ing published in tbe Telegraph. Herald, a newspaper of general circulation in the City of Dubuque, Iowa. on August 11, 1970 and Au- gust 18, 1970, City Council met on tbe eighth day of September, 1970 at 7:30 o'clock P.M., Central Daylight Time, in the City Coun- cil Chambers, City HaJI, Dubuque, Iowa, to consider the proposal to dispose of tbe interest of the City of Dubuque to Reuse Parcel 7 of Block 7 in the Downtown Urban Renewal Project, Iowa R-15, to I Graham's Style Store for Men, Inc.; and WHEREAS, pursuant to said res- olution a copy of the Redevelop- er's Statement for Public Disclo- sure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was placed on file in the office of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said interest of the City of Dubuque in tbe above described real estate to Graham's Style Store for Men, Inc.; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, I Iowa: SECTION 1. Tbat the Mayor and the City Clerk be and they are hereby autborized to enter into a Contract for Sale of Land and Private Redevelopment in accord- ance with the terms of the Dis- ~osition Documents governing such sale with Graham's Style Store for Men, Inc. for the real estate known as Reuse Parcel 7 of Block 7 in the Downtown Urban Renewal Project, Iowa R-15, con. taining 7,964 square feet, subject to survey, and legalIy described as Block 10 in Dubuque Downtown Plaza, in tbe City of Dubuque, Iowa. SECTION 2. That said parcel of - -- real estate shalI be sold for $4.43 per square foot or a total price of $35,280.52 subject to final survey of the land to be conveyed. Passed, approved, and adopted this 8tb day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Coucbman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 291.70 Authorizing the Execution of a Certificate of Completion for Abeln Abstract Company. WHEREAS, under date of De- cember 31, 1969, the City of Du- buque entered into a Contract for the Sale of Land for Private Rede- velopment with Abeln Abstract Company for the real estate here- inafter described; and WHEREAS, under the terms of said contract the subject real es- tate was conveyed by the City of Dubuque to Abeln Abstract Com- pany who constructed thereon cer- tain improvements; and WHEREAS, Section 307 of said contract provides that upon com- pletion of the improvements the City of Dubuque will furnish Abeln Abstract Company a Certifi- cate of Completion; and WHEREAS, it has determined that the required improvements have been satisfactorily com- pleted; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate of Completion for the Abeln Abstract Company for the improvements located on Lot 2 of Block 3 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, Adjourned Regular Session, September 8, 1970 385 situated in the Downtown Urban Renewal Project, Iowa R-15. SECTION 2. That the Clerk be and he is hereby authorized and directed to file a copy of this res- olution and the executed copy of the Certificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the folIowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Coucbman, Molden- hauer, Pregler. Nays-None. CERTIFICATE OF COMPLETION WHEREAS, under date of De- cember 31, 1969, the City of Du- buque entered into a certain can. tract entitled "Contract for tbe Sale of Land for Private Redevel- o,ment" with Abeln Abstract Company, and wbich contract is recorded in the office of the Coun- ty Recorder in and for Dubuque County. Iowa, in Book 316 of Mort- gages, Pages 537 through 569; and WHEREAS, pursuant to the terms of the said contract land legalIy described as Lot 2 of Block 3 in Dubuque Downtown Plaza in tbe City of Dubuque, Iowa, was conveyed by the City of Dubuque to Abeln Abstract Company by a Deed subject to the covenants. conditions and restrictions con- tained in the said contract; and WHEREAS, Section 307 of the said contract provides that upon completion of the construction and instalIation of certain improve- ments in and upon the conveyed tand that the City of Dubuque will furnish Abeln Abstract Company a Certificate of Completion; and WHEREAS, Abeln Abstract Company has completed said im- provements in accordance with the terms of the said contract. NOW THEREFORE, the City of Dubuque, Iowa, pursuant to Reso- lution No. 291-70 dated the 8th day of September, 1970, hereby certi- fies that the said purchaser has com pIe t e d the improvements calIed for in the said contract and this Certificate shall constitute conclusive determination of the satisfaction and termination of the covenants and agreements in said contract and deed with respect to the obligation of the purchaser to construct the improvements calIed for in said contract. IN WITNESS WHEREOF the City of Dubuque has caused this Certificate of Completion to be duly executed in its behalf by its Mayor and has caused its corpo- rate seal hereunto affixed this 9th day of September, 1970. City of Dubuque Donald R. Meyers Its Mayor Attest: Leo F. Frommelt City Clerk State of Iowa City of Dubuque ss. On this 8th day of September A.D., 1970 before me, Eugene J. Berens, a Notary Public in and for the County of Dubuque and State of Iowa, personalIy appeared Don- ald R. Meyers and Leo F. From- melt to me personalIy known, who, being duly sworn did say that the said Donald R. Meyers is Mayor end the said Leo F. Frommelt Is Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the cor- porate seal of the City of Dubuque, Iowa, and that said instrument was sigued and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said City and the said Donald R. Meyers and Leo F. Frommelt acknowledged the execution of said instrument to be the volun- tary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. Witness my hand and Notarial Seal on the date last above writ- ten. Eugene J. Berens Notary Public in and for said County My Commission Expires July 4, 1972. Adjourned Regular Session, September 8, 1970 about land-use, zoning, and access along Dodge Street, and so that the neighborhoods and connecting streets adjoining it, can be pro- perly planned. It was further the Commissions opinion, that by ma- king the study a part of the overall freeway study, that more continuity can be maIntained In our planning efforts. It is the recommendation of the Commission tbat the City Council concur in this agreement with tbe Highway Commission and authorize the expenditure of twenty-five thou- sand dollars ($25,000.00) for that portion of the study. Respectfully submitted, City Planning and Zoning Commis- sion Don Gilson City Planner Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by tbe following vote: Yeas --'- Mayor Meyers, Council- men Bitter, Coucbman, Molden- hauer, Pregler. Nays-None. Councilman Pregler moved tbat the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter. Couchman, Molden- hauer, Pregler. Nays-None. Mr. R. L. Kassel, Planning and Programming Enl!Ïneer of the State Highway Commission ad- dressed the Council as to the State participation in the freeway sys. tem proposed for the City. He was of the opinion that tbe City has selected good consultants. The freeway system, of which Dodge Street corridor is a part, could be of tremendous value and service to the Community and State Road system. Mr. Dick Ferguson, Proj- ect Engineer of Henningson, Dur- ham and Richardson, consultants, submitted a briefing of the pro- posed freeway system study. Mayor Meyers moved to concur in the recommendation of the Planuing and Zoning Commission and authorized the expenditure of $25,000. Seconded by Councilman 386 ,August 21, 1970 Honorable Mayor and Council Members The City Planuing and Zoning Commission has reviewed the agreement for a preliminary engi- neering study of the freeway sys- tem in the City of Dubuque, Iowa. In reviewing this agreement, the Commission has found the follow- ing: (1) The Dubuque Development Program, whieb was adopted by Council in 1965, includes a statement about the general transportation needs of tbe community and a map illus- trating a circulation system. Included in this is a freeway- expressway system. (2) The Urban Area Transporta- tion Plan has developed the transportation plan for tbis Urban Area into greater de- tail. The recommendations in the Urban Area Transporta- tion Plan are consistent with the Dubuque Development Program, and furtber support some of its general recom- mendations. (3) Tbe Freeway Corridor Study is consistent with tbe Dubu- que Development Program and the Urban Area Transpor- tation Plan and is a logical next step in the progression of events leading toward tbe realizaticn of the proposed facilities. . (4) The ground rules established in the agreement give sub- stantial weight to social, eco- , nomic and environmental considerations, as well as, tbose tbat would routinely influence such a corridor stu- dy. The general slant of this agreement is toward creating a major lifeline to this com- munity tbat will complement the present and will have a positive influence on, and will be an integral part of, the development long into the future. The Commission reviewed the proposal to include Dodge Street, from Locust to Concord, in the stu- dy, with the cost being borne by the City of Dubuque. It was the Commission's opinion that this stu- dy is needed, at this time, so that sounder decisions can be made ------ Adjourned Regular Session, September 8, 1970 387 Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 292.70 WHEREAS the City of Dubuque, Iowa and the Iowa Highway Com- mission have entered into a writ- ten Dodge Street Corridor Study Agreement a copy of which agree- ment is attached hereto: NOW. THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: SECTION NO.1. That the pro- posed written agreement between the Iowa Highway Commission and the City of Dubuque, dated Sep- tember 8, 1970 a copy of which is attached, be and the same is here- by approved. SECTION NO.2. That the Mayor be and he is hereby authorized and directed to execute said agree- ment for and on behalf of the City of Dubuque, Iowa. SECTION NO.3. That the City Clerk be and he is hereby author- ized and directed to forward a cer- tified copy of this Resolution to the said Iowa Highway Commis- sion. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by COuncilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. To The Honorable Mayor and City Council This is to advise you that tbe Sanitary Sewer constructed in Bies Drive from S.P.L. of Pennsylvania Ave., to N.P.L. of Lot 1 of Lot 6 of C.J. Bies Subdivision a distance of 1205 feet, has been completed in accordance witb plans and spec- ifications by Fondell & Sons Inc. of Dubuque, Iowa. Respectfully Submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. FINAL ESTIMATE RESOLUTION NO. 293-70 WHEREAS, the contract for the Bies Drive Sanitary Sewer from S.P.L. of Pennsylvania Avenue, to N.P.L. of Lot 1 of Lot 6 of C. J. Bies Subdivision has been com- pleted and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspec- tion, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That tbe cost of said improve- ment is hereby determined to be $13,396.69. Tbat $12,946.29 of the cost thereof shall be assessable upon private property and $450.40 shall be paid from tbe Sanitation Fund of the City of Dubuque. Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Coun<,\'lman Couchman. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) Adjourned Regular Session, September 8, 1970 Adjourned Regular Session, September 8, 1970 September 8, 1970 To the Honorable Mayor and City Council We hereby submit for your con- sideration the plans and specifica- tions for the 1970 Downtown Traf- fic Sigual and Street Lighting Pro- ject which includes the following streets: 1. Locust Street 2. Fourth Street 3. Fifth Street 4. Ninth Street This project consists of the com- plete construction of the entire in- terconnected signal system and a complete Lucalux lighting system on the above streets which are in the process of being improved as a part of the 1970 Urban Renewal Street Construction Program. Funds for the improvement are budgeted in the Road use tax and Utilities Funds. I recommend the project be ap- proved and a bid opening date of September 25, 1970 established. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved ap- proval of the recommendation. Se- conded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- bauer, Pregler. Nays - None. RESOLUTION NO. 295.70 Preliminary Estimate, approval of plans, Specifications, form of contract, and all other documents for the construction of 1970 Down- town Traffic Signal and Street Lighting project on Locust street, Fourth Street, Fifth Street, Nin- th Street, at an estimated cost of $136,200.87, presented and read. Councilman Pregler moved ad- option of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. (Necessity for Improvement) RESOLUTION NO. 296-70 WHEREAS, proposed plans, spe. cifications, and form of contract have been duly prepared and ap- proved by the City COuncil of the 389 388 City of Dubuque, Iowa, and are now on file in the office of tbe City Clerk showing among other things the fallowing: (1) The plan of such improve- ment. (2) An estimate of the cost of the improvement for the 1970 Downtown Traffic Signal and Street Lighting Project. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance witb the plans and specifications wbich have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement be paid from the Road Use Tax Fund and the Utilities Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 8th day of September, 1970. Approved and placed on file for final action. Approved: Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen given its preliminary approval on tbe proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the 1970 Downtown Traffic Sig- nal and Street Lighting Project. BE IT THEREFORE RESOLVED that on the 21st day of September, 1970 a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at wbich time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen RESOLUTION No. 294-70 WHEREAS, the contract for the 1969 Bies Drive Sanitary Sewer from S.P.I.. of Pennsylvania Ave., to N.P.L. of Lot 1 of Lot 6 of C.J. Bies Subdivision. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tratc, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City! Council of the City of Dubuque, tbat the recommendation of the City Manager be approved and that said improvement be and the same is bereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file tbe same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, I as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and is hereby directed to pay to the con- tractor from he funds to be realized from the sale of sewer bonds is- sued upon the above described im- provement in amount equal to the amount of his contract, less any re- tained percentage provided for tberein. Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenbauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved approval of the resolution. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- bauer, Pregler. Nays-None. (Fixing Dete of Heering) RESOLUTION NO. 297.70 WHERAS, the City Council of the City of Dubuque, Iowa bas Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the receipt of proposals for the construction of Peru Road- Davis Avenue Sanitary Sewer 1970 from Railroad Tracks east to Lot 2 of George Nigg's Subdivision, presented and read. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by ------ Adjourned Regular Session, September 8, 1970 Adjourned Regular Session, September 8, 1970 BE IT RESOLVED by the City Council of tbe City of Dubuque that the contract for the above mentioned improvement be award- ed to Tschiggfrie Excavating Com- pany and tbe Manager be and he is bereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and tbe approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 8th day of September, 1970. Donald R. MeyerS Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that the City Attorney institute con- demnation proceedings where in- dicated in the construction of Peru Road-Davis Avenue sanitary sewer. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. September 8, 1970 To the Honorable Mayor and City Council I hereby submit the attached sheet No.1 of 1 inclusive showing a schedule of the proposed valu. ations and assessments for the con. struction of the John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Street- EAST SIDE. Respectfully submitted, John L. White City Engineer 391 300 Councilman Pregler moved that tbe communication be received and filed. Seconded by Councilmen Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 301.70 WHEREAS, proposed p I a n s, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Du- buque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be as- sessed together witb a valua- tion fixed by tbe council 3. An estimate of the cost of the proposed improvement, stating the same for each different type of constroction and kind of material to be used. 4. In each case the amount there- of which is estimated to be assessed against each lot, for the construction of the: John F. Kennedy Road Sanitary Sew- er - from Spring Valley Road to 32nd Street - East Side. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it ad- visable and necessary for the pub- lic welfare to make the herein mentioned improvement, and un- less property owners at the time of the final consideration of tbis proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they sball be deemed to have waived all objections tbereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared tbere- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying witbin assessable dis- tance provided by law and in an amount not to exceed the amount provided by law. property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Councilman Pregler. Carried by the I following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden. bauer, Pregler. Nays-None. To tbe Honorable Mayor and City Council persuant to your instructions, sealed bids were received up until 10:00 a.m., Thursday, September 3, 1970 for the improvement of the Peru Road-Davis Avenue Sanitary Sewer. The low proposal submitted was by Tschiggfrie Excavating Com- pany. Their bid was 10.3% below the Engineer's Estimate. I, therefore, request your Honor- able Body to grant tbe City Man- ager the authority to enter into a eontract with the Tscbiggfrie Ex- cavating Company on this project. I, also request tbat your Hon- orable Body grant the City Man- ager the authority to proceed to I acquire right of way by condem- nation proceeding. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the Manager's request. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (Awarding Contract) RESOLUTION NO. 298.70 WHEREAS, seal e d proposals have been submitted by contractors for the Pero Road-Davis Avenue Sanitary Sewer 1970 from Railroad Tracks East to Lot 2 of George Nigg's Sub. pursuant to Resolution No. 225-70 and notice to bidders published in a newspaper publish- ed in said City on August 6, 1970 and August 13, 1970; and WHEREAS, said sealed proposals were opened and read on Septem- ber 3, 1970, and it has been de- termined that the bid of Tschigg- frie Excavating Company of Du- buque, Iowa in the amount of $49,668.25 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, RESOLUTION NO. 299-70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION I. That the attached sbeel No.1 of 1 inclusive is hereby determined to be the schedule of proposed assessments for the John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Street-EAST SIDE. Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councihnen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Pregler. Nays-None. RESOLUTION NO. 300-70 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and all otber documents for the construction of CITY OF DUBUQUE 1970 JOHN F. KENNEDY ROAD SANITARY SEWER FROM SPRING VALLEY ROAD TO 32nd STREET-EAST SIDE. at an estimated cost of $9,085.82, presented and read. Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Meyers. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. 392 393 Adjourned Regular Session, September 8, 1970 gram further recommended that the facility be constructed in the period between 1965 and 1969. It is the opinion of the Commis- sion that this public facility is still needed and that the delay In construction beyond the recom- mended schedule has increased the urgency of this project. It is the recommendation of the Planning and Zoning Commission that the site for the garage is appropriately located, that the fa- cility that is proposed to be built will meet a community need, and that further delay in construction would not be in the best interests of the community. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the commuuication be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. September 4, 1970 To the Honorable Mayor and City Council Plans and specifications, con- tract documents, and a cost es- timate for the construction of a municipal garage have been sub- mitted for your consideration. It is estimated that the program will cost $187,500 and be paid for out of Road Use Tax Funds. It is intended to reeeive bids and award a contract October 5th; begin construction October 12th, and complete the work by March 1st. I recommend to you the munic- ipal garage construction program. Respectfully, Gilbert D. Chavenelle City Manager COuncilman Bitter moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mr. Dick Ludwig, addressed the Council, as a representative of Adjourned Regular Session, September 8, 1970 Sewer bonds shall be issued and sold in anticipation of deferred payments of assessments when a I contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk tbis8th day of September, 1970. Approved and placed on file for final action Approved: Donald IL Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter COuncilmen and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of tbe proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper publisbed in the city of Dubuque, the last of wbich sball be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at whicb hearing the Council will such objections and enter on rec- ord its final decision thereon. Passed, adopted and approved tbis 8th day of September, 1970. Donald IL Meyers Mayor Walter A. Pregler Wayne A. Moldenbauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved approval of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (Fixing date of hearing) RESOLUTiON NO. 302-70 WHEREAS, the City Council of the City of Dubuque, Iowa, bas by Resolution No. 300-70 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of tbe City Clerk for public inspection, for ~:n:::t~~~n S~~i::;;; ~~~~r F: I from Spring Valley Road to 32nd Street - East Side and, WHEREAS, the proposed Res- olution of Necessity for said im- provement has been introduced and Is now on file in the City Clerk's office for public inspec- tion, BE IT THEREFORE RE- SOLVED that on tbe 5th day of October 1970, a public hearing will be beld at 7:30 o'clock P.M. C.D.T. in the Council Chamber in the City of Dubuque at which time the owners of property sub- ject to assessment for the pro- posed improvement may appear 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 Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. September 4, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed plans for a municipal garage to be con- structed on property located at 11th Street and Kerper Boulevard. The Commission has found that this proposal is in accord with the Dubuque Development Pro- gram. The program recommends "construction of a new municipal garage on an already acquired site in the industrial district, between 9th and 11th Streets". The pro- the Dubuque Advisory Commis- sion by stating that the Advisory Commission endorses the construc- tion of a new City Garage unan- imously. The COmmission, along wit h other interested citizens, toured the facilities of the present garage and no one objected to the construction of a new garage fa- cility. Mr. Joe Ragatz spoke of the noise level and pollution in the present garage. Mayor Meyers moved to concur in the City Manager's recommen- dation. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 303-70 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat, and all other documents for the construc- tion of a Municipal Garage for City of Dubuque, at an estimated cost of $187,500. presented and read. Councilman Pregler m 0 v e d adoption of the resolution. Sec- onded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Meyers, Councll. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Neeasslty for Improvement RESOLUTION NO. 304-70 WHEREAS, proposed pIa n s, speeifications and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among oth- er things the following: 1. The plan of such Improve- ment. 2. An estimate of the cost of the improvement for the Construc- tion of the Municipal Equipment Garage. BE IT THEREFORE RESOLVED tbat tbe City Council on its own motion, deems it advisable and neeessary for the public welfare to make the herein mentioned Im- provement, and unless property owners at the time of final con- sideration of this proposed resolu- tion have on file with the City Adjourned Regular Session, September 8, 1970 of Dubuque, Iowa, whcih shall be not less than ten (10) days prior to tbe day fixed for its considera- tion and tbe City Clerk be and he is hereby directed to have pub- lished notice of pendency for said improvement and the City Clerk is bereby directed to advertise for proposals to the contractors for the construction of the above men- tioned improvement. Passed, adopted and approved this 8th day of September. 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of tbe resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 306.70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that tbe following having complied with the provisions of law relating to the sale of Ciga- rettes witbin tbe City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette papers within said City. Kennedy Mall Cinema, Inc., 555 John F. Kennedy Road Bishops Cafeteria, 555 John F. Kennedy Road Tobacco Vil1age, 555 John F. Ken- nedy Road University of Dubuque, 2050 Uui- versity Avenue BE IT FURTHER RESOLVED tbat the bonds filed with the ap- plication be approved. Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter 394 Clerk objections to the amount of the cost of the improvement, they shall be deemed to bave waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by tbe City Council and are now on file with the City Clerk. The cost and expense of making said improve- ment wil1 be paid from the Road Use Tax Fund. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 8tb day of September. 1970. Approved and place on file for final action. Approved Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Coucbman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Resolution Fixing Date of Hearing RESOLUTION NO. 305-70 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preJiimnary approval on the proposed plans, specificatiom and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of tbe Mu- nicipal Equipment Garage. BE IT THEREFORE RESOLVED that on the 5th day of October, 1970 a public hearing will be at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the pro- posed improvement may appear and make objections to the pro- posed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in some l1ewspaper published in the City - Attest: Leo F. Frommelt City Clerk Adjourned Regular Session, September 8, 1970 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- """n Bitter, Couchman, Molden- hauer. Pregler. Nays-None. RESOLUTION NO. 307.70 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Conncil of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Leone Tarry, 1091 White Street Cyril Meit!, 1555 Central Avenue William 11. Baker, 1064 Uuiversity Avenue Tbeodore J. Ferring, 385 East 13th Street Arsenius A. Hanson, 107 Locust Street Bessie Sfikas, 926 Main Street Leona R. Friedman, 620 East 16th Street CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Randalls Foodarama, 2600 Dodge Plaza 20 Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer I" Gaylord M. Couchman 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 Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 308.70 WHEREAS, applications for Beer Permits were filed by the within named applicants and tbey bave received the approval of tbis Council; and WHEREAS, the premises to be 395 occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the Cty Council of the City of Dubuque, Iowa, that tbe Manager be and he is hereby directed to issue to tbe following named applicants a Beer Permit. CLASS "B" BEER PERMIT Leona Tarry, 1091 White Street Cyril Meit!, 1555 Central Avenue William 11. Baker, 1064 University Avenue Theodore J. Ferring, 385 East 13tb Street Arsenius A. Hanson, 107 Locust Street Bessie Sfikas, 926 Main Street Leona R. Friedman, 620 East 16th Street CLASS "C" BEER PERMIT Thomas A. Oescbger, 815 West 5th Street Randalls Foodarama, 2600 Dodge Plaza 20 BE IT FURTHER RESOLVED that tbe bonds filed by such ap- plicants be and the same are hereby approved. Pa"ed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenbauer Gayiord M. Coucbman 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 Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 309-70 WHEREAS, applications for Liquor permits have been submit- ted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of tbe City of Dubuque, Iowa, that the following applications be granted and licenses issued upon tbe com- pliance witb the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123 - as amended by the 60th General Assembly, 1963. 397 Special Session, September 14, 1970 Adjourned Regular Session, September 8, 1970 CLASS "C" COMMERCIAL Councilman Bitter moved adop- ESTABLISHMENT tion of the resolution. Seconded William H. Baker, 1064 University by Councilman Pregler. Carried Avenue by the foJlowing vote: Bessie Sfikas, 926 Main Street Yeas-Mayor Meyers, Council- Leona Tarry, 1091 White Street man Bitter, Couchman, Molden. Passed, adopted and approved hauer, Pregler. this 8th day of September, 1970. Nays-None. Donald R. Meyers Mayor Meyers moved and pro- Mayor claimed tbe week of September Walter A. Pregler 20th to 26th V.F.W. Freedom Sig- Wayne A. Moldenhauer nature Week, also known as PRO. Gaylord M. ~ouchman JECT POW". Joseph ~. Bitter Yeas-Mayor Meyers, Council. Councilmen men Bitter, Couchman, Molden. Attest: hauer Pregler LeO. F. Frommelt Nays-None: Clty Clerk . Councilman Bit~er moved adop- co~~~:~,:.~nt::c~:::-erm~~~~e~~ tion o~ the resolution. Seco~ded by adjourn. Seconded by Councilman Councilma!, Pregler. Carried by Bitter. Carried by the following the foJloWlng vote: . vote: Yeas-:--Mayor Meyers, councd- Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- men Bitter, Couchman, Molden- hauer, Pregler. hauer, Pregler. Nays-None. Nays - None. RESOLUTION NO. 310-70 Leo F. Frommelt, WHEREAS, applications for City Clerk Liquor Permits were filed by the within named applicants and they have received the approval of this \ Council, and APproved WHEREAS, tbe premises to be occupied by such applicants were inspected and found to comply with the State Law and all City \ Adopted ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT HE- ' SOLVED by the City Council of Dubuque, Iowa, that the Manager be autborized to cause to be is- sued to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT William H. Baker, 1064 University Avenue I Bessie Sfikas, 926 Main Street Leona Tarry, 1091 White Street Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk June 23, 1970 To the Honorable Mayor and Members of the City COuncil In accordance with the provi. sions of Chapter 365 of the Code of Iowa, 1966, the Civil Service Commission conducted entrance examinations on April 29, 1970, for the Police Department. The following named person has passed both the written and physi. cal examinations and is hereby cer- tified for appointment to the Po- lice Department. Bradac, Theodore G., 70% Fire Entrance examinations were given also on April 29, 1970 to eleven applicants without positive certification results. Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission 396 CITY COUNCIL OFFICIAL Special Session, September 14, 1970. Council met at 7:30 P.M. Control Daylight Time. Present-Mayor Mayers, Council. men Couchman, Pregler. City Mo. nager Gilbert D. Chavenelle. Absent-Councilman Bitter (at roll call) Councilman Moldenhauer (out of city). Mayor Meyers read the call and stated that service thereof had been duiy made and this meeting is called to ACCEPT PRESENTATION OF THE 1971 BUDGET COMPILED BY THE CITY MANAGER, VO. LUME 1, and acting upon such other business as may properly come before a regular meeting of tbe City Council. Communication of Dubuque Ad- visory Commission requesting re- duction of voting precincts prior to tbe meeting of the 1971 State Le- gislature, presented and read. Councilman Pregler moved that the communication be referred to the City Clerk. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Pregler. Nays-None. Absent - Councilman Bitter, Moldenhauer. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me tbis 1st day of July, 1970. Eugene J. Berens Notary Public Mayor Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Pregler. Nays-None. Absent - Councilmen Bitter, Moldenhauer. 1970 1970 ............................................................ September 14, 1970 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted Entrance Examinations on July 1, 1970 for POLICE AND FffiE DEPART- MENTS. The following have passed both the written and physical examina- tions and are hereby certified for appointment to the Police and Fire Departments. ............................................................ Communication to Mr. Hal Rey- nolds from the League of Women Voters encouraging direct involve- ment of the people who will be living in the low-cost housing through the formation of an AdHoc Committee or similar group, pre- sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Pregler. Nays - None. Absent - Councilmen Bitter, Moldenbauer. ............................................................ ............................................................ """""""""""""""'c~-;;;;ciï;;;~~"""" FIRE Egan, John F. ............................82% Kreiman, Richard ....................79% Barry, Patrick A. ....................74% Attest: """"ëiiŸ"ëi~k:""""""""""" 391! Special Session, September 14, 1970 POLICE Lovett, Joseph M. ....................78% Schriver, Randall L. ................77% Timmerman, Leroy J. ................77% Respectfully submitted, LeRoy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 14th day September, 1970. Eugene J. Berens Notary Public Mayor Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Pregler. Nays-None. Absent - Councilmen Bitter, Moldenhauer. September 14, 1970 To the Honorable Mayor and City Council I request that Leo Frommelt be given authority to sign city papers em behalf of the City Manager during my absence from the city, September 18-24- The papers will consist largely of purchase orders and warrant authorizations. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the request. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Couchman, Pregler. Nays - None. Absent - Councilmen Bitter, lIIoldenhaner. Notice of Claim of Agnes Ann Wolf, in the amount of $125.56, for car damage incurred as the result of fallen tree limb striking wind- shield on September 9, 1970, pre- ""nted and read. Councilman Coachman moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Pregler. Csrried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Pregler. Nays - None. Absent - Councilmen Bitter, Moldenhauer. Notice of Claim of Mrs. Ida Ream, in an undetermined amount, for personal injuries received in a fall near the curb across from 245 Julien Dubuque Drive em Septem- ber 6, 1970, presented and read. Councilman Couchman moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Pregler. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Couchman, Pregler. Nays - None. Absent - COuncilmen Bitter, Mnldenhauer. Notice of Claim of Geraldine M. Leslein, in the amount of $151 for car damage incurred as the result of being struck by a city street sweeper at Providence and Wind- sor Avenues, on August 28, 1970, presented and read. Councilman Couchman moved that tbe notice of claim be referred to the City Solicitor for investigation and re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Mayor Meyers, Council- men Coucbman, Pregler. Nays - None. Absent - Councilmen Bitter, Moldenhauer. Notice of Claim of Mamie Hill, in the amount of $111.80, for per- sonal injuries received in a faIl on the steps of the City Hall DO June 5, 1970, presented and read. Coun- cilman CoQcbman moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Couchman, Pregler. Nays - None. Absent - COuncilmen Bitter, Moldenhauer. f It t JI, Special Session, September 14, 1970 ORDINANCE No. 44-70 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa," as amended, by enacting a new sub- section 106 to Schedule VI thereof to prohibit parking of motor ve- hicles on the south side of Wilbur Lane from Alice Street to Grove Terrace, presented and read. Councilman Pregler moved that the Ordinance just read be referred to next week's agenda. Seconded by Councilman Couchman. Carried by tbe following vote: Yeas - Mayor Meyers, Council- men Couchman, Pregler. Nays-None. Absent - Councilmen Bitter, Moldenbauer. Petition of Bernard N. Newton requesting a refund of $150 on tbe unexpired portion of Class B Beer permit N. 40, as be has discon- tinned business on September 10, 1970. presented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Mayor Meyers, Council- men Couchman, Pregler. Nays - None. I Absent - Councilmen Bitter, Moldenhauer. Petition of Francis T. Kohl re- questing a refund of $75 on tbe unexpired portion of cigarette li- cense No. 99, as be has discon- tinued business on August 19, 1970, presented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Mayor Meyers, Council- men Coucbman, Pregler. Nays-None. Absent - Councilmen Bitter, Moldenhauer. Petition of Dubuque Professional Fire Fighters Assn. requesting to be heard at the September 14th meeting on proposed budget mat- ters. presented and read. Mayor Meyers moved that the petition be received and filed and that the ruIes be suspended in order to let 399 anyone present address the Council it they so desire. Seconded by Councilman Couchman. Carried by the folIowing vote: Yeas - Mayor Meyers, Council- men CDuchman, Pregler. Nays-None. Absent - Councilmen Bitter, Moldenhauer. Mr. Ronald Kann, President of the Fire Figbters Ass'n. spoke of the disparity between the Police and Fire Departments. COUNCILMAN BITTER ENTER- ED THE COUNCIL CHAMBERS AT 7:43 P.M. Mr. Merle Bandy, President of the State of Iowa Firefighter's Assn. stated that their organiza- tion contacted the City Manager's Assn. to help cities on millage but were not successful. Mr. John Maas. President of the Policemen's Assn. endorsed the proposal in the budget for tbe Policemen. Fire- fighter James Miller spoke of the disparity in working hours between Police and Fire. Firefighters are working fifty six hours per week while the Police are only working forty hours per week. Councilman Pregler moved that Warren McCaw of 2057 Carter Road be appointed to the Dubuque Advisory Commission to fill tbe un- expired term of Keith W. Sheehy to June I, 1971. Seconded by CDnn- cilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays - None. Absent - Councilman Molden- hauer. Mayor Meyers moved re-appont- ment of Uoyd Peterson for a six year term to tbe Airport Com- mission to 9-14-1976. Seconded by Councilman Pregler. Carried by tbe folIowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays-None. Absent - Councilman Molden. hauer. City Manager Chavenelle, Ass't Manager Ken Gearhart. and Per- sonnel Director Walter Backes sub- mitted and explained various facets of Volume 1, program budget for OFFICIAL 400 Special Session, September 14, 1970 Special Session, September 21, 1970 401 CITY COUNCIL the year 1971. The expense require- ment is $9,897,897, to be financed I with a tax rate of 49.546 mills on an estimated $95,063,237 value of property subject to taxation. City Manager Chavenel1e submitted and read his budget message in detail, upon the conclusion of which Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the foJlow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Pregler. I Nays - None. Absent - Councilman Molden- hauer. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Couch- man. Carried by the foJlowing vote: Yeas - Mayor Meyers, Council- men Bitter, Coucbman, Pregler. Nays - None. Absent - Councilman Molden- hauer. Special Session, September 21, 1970. Council met at 7:30 P.M. (Cen- tral Daylight Time) Present_ayor Meyers, Council. men Couchman, Moldenhauer, Pregler. Absent-Councilmen Bitter (et roll cell). Absent-Clty Menager Gilbert D. Chavenelle (out of city) Mayor Meyers read the caJl and stated that service thereof had been duly made and this meeting is cal1ed for the PURPOSE OF ACTING UPON A RESOLUTION AUTHORIZING THE SALE, IS- SUANCE, AND DELIVERY OF PROJECT NOTES IN THE AG- GREGATE PRINCIPAL AMOUNT OF $3,26S,OOO. AND THE EXECU- TION OF A REQUISITION AGREE. MENT NO.3, IN CONNECTION WITH PROJECT IOWA R-1S, and acting upon such other business as may properly come before a regu- lar meeting of the City Council. September 17, 1970 Honorable Mayor and Council Members The Planning and Zoning Com- mission has reviewed plans for the City-County Law Enforcement Cen- ter. The Commission found that the present space used by the Police Department and Sheriff's Office are inadequate for good perfor- mance of the two functions. The Commission also found that by baving the two functions in proxi- mity permits sharing of equipment, facilities and personnel. It is tbe opinion of tbe Commis- sion that by having tbe two func- tions housed togetber that a bet- ter working relationship can be developed and that benefits wil1 be derived from this relationship. It is the recommendation of the Planning Commission that the plans for the Law Enforcement Center, as proposed. be approved. Respectful1y submitted, City Planning and Zo- ning Commission Don Gilson City Planner Leo F. Frommelt City Clerk APproved ....................................1970. Adopted ......................................1970. ............................................................ ............................................................ ............................................................ Councilmen Attest: """""ciiŸ"Ci~;k"""""""'--'" Councilman Pregler moved that the communication be received and filed and the recommendation approved. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Council. men Couchman, Moldenhauer, Pre- gler. Nays - None. Absent - Councilman Bitter. Communication of Dubuque Area Council of Executives, which is composed of 35 executives and/or administrators representing areas of health, recreation, education, law enforcement and social ser. vices, Donald R. Osborne, Chair- man, expressing readiness to as- sist with publicity and public re- lations concerning the communi. cation of the need for the new law enforcement center, presented and read. Mayor Meyers moved that the communication be received and filed and directed the Clerk to send a letter of thanks. Seconded bv Councilman Moldenhauer. Car. ried by the following vote: Y"as - Mayor Meyers, Council. men Couchman, Moldenhauer, Pre- gler. Absent - Councilman Bitter. COUNCILMAN BITTER ENTER. ED THE COUNCIL CHAMBER AT 7:38 P.M. September 17, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a pubIc hear- ing on a proposal to reclassify from Multinle Residence to Local Business "B", nroperty described .. Lots 8, 9, and 10 of Block 1 and Lots 8. 9. and 10 of Block 2 in Westchester Subdivision. all in the City of Dubuque, Iowa. This pro- perty is located on the South side of Asbury Road. approximately 800 feet west of Kennedy Road. This would be an extension of an existing Local Bnslness "B" Dis- trict. The applicant has proposed to construct a super market on this site, and it has been found that the area presently zoned Local Business "B" is not large enougb to accomodate this use. It was the opinion of the Com. mission tbat the super market would be an appropriate use and .lllilllllllíl~ØiI.11 402 Special Session, September 21, 1970 was consistent with their original I ~nte,lt in establishing this Com- roercial District. It was furtber the opinion of the Commission that to enlarge the District to accommo- date this use would be consistent wi!.h the planning for this area. Abutting property on the south and west is owned by the applicant and is classified Multiple Resi- dence, and property across Asbury Road is classified Multiple Resi- dence, also. It ~s the recommendation of the Commission that the proposal be approved. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved tbat tbe communication be referred for I proper proceedings. Seconded by Mayor Meyers. Carried by the fol- !"wing vote: Yeas - Mayor Meyers, Council- men Bitter, Coucbman, Molden- hauer, Pregler. Nays - None. September 17, 1970 Honorable Mayor ando>uncil Members Tbe City Planning and Zoning Commission has held a public hear- ing on a proposal to amend Article IV, Section 2 (i) of the Zoning Or- dinance to include property de- I scribed as Lot 2 of Lot 2 of Lot 2. of Out Lot 670, all in the City of Dubuque, I!>Wa. , The above described property is l(>Cated in a Multiple Family Dis- trict. The proposal, as stated, would perm.it a parking lot on the pro. perly in aMition to the other uses permitted in the Multiple Resi- dence Di$trict. This property lies adjacent to the Sinclair station on the corner of 17th and Locusts Streets. The in- tent of the application is to use !.he parking lot in conjunction with his filling station and garage busi- nesses. In reviewing this matter the CoromissiDn found that traffic coneestion exists in 17th Street in the vicinity of this property and that it is tbe recommendation of tbe Traffic Committee that park. iDe be removed from one side of the street. The Commission also Will"! that the bulk of the parking is generated by the filling .ta1ion and garage husiness. It was tbegeneral Ðpiuion of the Commission that this is not an ap- propriate area to encourage ex. pansioD of commercial uses, bow- ever, because of the existing prob- lems it was in the best interests of everyone involved to find some so- lution to the "arking and traffic situation. It is the recommendation of the Commission tbat the proposal, as stated, be approved so that an off- street parking lot can be CoD- structed. Respectf..1ly submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved tbat the communication be referred for proper proceedings. Seconded by Councilman Couchman. Carried by tile f"llowing vote, Yea. - Mayor Meyers, Council. men Bitter, Couehman, Molden- hauer, Pregler. Nays-None. September 15, 1970 Honorable Mayor and City Council On August 14, uno, Mrs. Marie Schlueter, of 622 Lincoln Avenue, this city, filed claim against the City of Dubuque, Iowa in an un- determined amount, aUeging per. sonal injuries and damages to her on August 7, 1970 as tbe result of a fall at or near 2108 Johnson Street on an alleged cracked and raised sidewalk at said place. This matter was referred to the writer wbo has made an investi- gation of same and has conferred with the daimant who has made an offer of settlement of said claim in the amount of $75.00 and that in view of the foregoing it is the recommendation of the City Attorney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw a warrant payable to Mrs. Marie Schlueter in the amount of $75.00 and transmit same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned here- with. Yours very truly, R. N. Russo, City Attorney Special Session, September 21, 1970 Mayor Meyers moved approval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. September 15, 1970 Honorable Mayor and City Council On August 21, 1970, Richard Kolek ill of 975 Kirkwood, this city, filed claim against the City of Dubuque for damages in the amount of $150.00 and alleging that claimant suffered a sprained ankle and a chipped bone in the ankle on Augnst 3, 1970 as the result of allegedly stepping into an irregular bole in the gutter at the intersection of 10th and Main Streets in this city at its south- west corner. This matter was referred to the City Attorney who has made an investigation of same and has con- ferred with one of the witnesses and has examined the site person- ally and it is the opinion of this writer that if there was an action- able defect existing in said cross- walk that the claimant was con- tributorily negligent as a matter of law by reason of tbe fact that if he had kept a proper lookout for his own safety he would have ob- served the readily available alter- nate safe route and accordingly, it is the recommendation of tbe City Attorney that said claim be denied. Original claim is returned here- with. Yours very truly, R. N. Russo, City Attorney Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. September 15, 1970 Honorable Mayor and City Council On March 11, 1969, Madeline Hickson, 201 West 17th Street, Dubuque, Iowa, filed claim against 403 this City, in the amount of $15,- 000.00 for alleged personal injur- ies suffered by ber on February 13, 1969 as the result of an al- leged fall on a public sidewalk at a point approximately in front of the driveway at 315 West Locust Street, this city, and further al- leging said sidewalk was covered thereat with uneven, ridged, rough and slanting accumulation of ice and snow. ~ This matter was referred to the writer who has made an investiga- tion of this matter, and reviewed the medical bills and has confer- red with claimant's attorney who has made an offer of settlement of said claim for the sum of $2,500.- 00; and it is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be in- structed to draw a warrant pay- able to Madeline Hickson and Thomas Hickson, wife and hus- band, in tbe amount of $2,500.00 and transmit same to the City At- torney for delivery upon receipt of duly executed releases. The City Attorney proposes to recover the amounts advanced {rom the abut- ting proprty owner by reason of the fact that the City believes that affirmative acts of negligence by the abutting property owner would warrant recovery of the amount herein paid. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Mayor Meyers moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Notice of Claim of Philip F. Petsch, in the amount of $260.04, for car damage incurred as tbe result of his car being struck by a tree limb while traveling on the exit road from Eagle Point Park on September 9, 1970, pre- sented and read. Councilman Bit- ter moved that the claim be re- ferred to the City Solicitor for proper action and report. Second- 404 Special Session, September 21, 1970 ed by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Notice of Claim of Gerald Dono- van, in an undetermined amount, for sidewalk damage incurred as the result of an uprooted tree at I 1731 University on September 9, 1970, presented and read. Council- man Bitter moved that the claim be referred to the City Solicitor for proper action and report. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Notice of Claim of Mrs. Kath- erine Rogers, in an undetermined amount, for car damage incurred as the result of a tree falling on her car at 616 Providence Street on September 9, 1970, presented and read. Councilman Bitter mov- ed that the claim be referred to the City Solicitor for proper action and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. ORDINANCE No. 44-70 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection 106 to Schedule VI thereof to prohibit parking of motor vehicles on the south side of Wilbur Lane from Alice I Street to Grove terrace, presented and read. Councilman Moldenhauer moved that the reading just had be con- sidered the first reading of tbe Or- dinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Councilman Moldenhauer moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun- Council- Molden- SCHEDULE VI, 106. South .;de of Wilbur Lane from Allee Street to Grove Terrace. Passed, approved and adopted tbls 21st day of September, 1970. Donald R. Meyers Mayor ;:',.~~ 1: tl.;¡f:~bauer Gavlord M. Couchman Jo¡e~..:en:~~er ATl'EST: Leo F. Frommelt, City Clerk published officially In Tbe Telegraph. ~::~::'b~ew...¥g:er thI8 25th day of Leo F. Frommelt Clty Clerk 11. 9/2S Councilman Moldenbauer moved final adoption of the Ordinance. Se- conded by Councilman Pregler. Carried by the foJlowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE No. 47.70 Vacating portions of certain Streets and Alleys in the Down- town Urban Renewal Project Area and Amending Ordinance No. 45-70, presented and read. Mayor Meyers moved that the reading just had be considered the first reading of the Ordinance. Se- conded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Mayor Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Special Session, September 21, 1970 405 11. 9/25 Carried by the follow. I Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Coucbman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on a proposed Ordi- nance known as the Plumbing Code presented and read. Councilman publication be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Mayor Meyers moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Bitter. Carried by the f>!lowing vote: Yeas - Mayor Meyers, Council- THE CITY I men Bitter, Coucbman, Molden. OF DUBU- bauer, Pregler. Nays-None. Mr. Ronald Kann spoke of Sec- tion 15 of the proposed plumbing ordinance which forbids plumbing in your own home. To him this is considered discriminatory and it gives cause to go underground. Is it wicked to do your own plumbing. Mr. Robert Vernon of 120 Hill Street seemed to be in agreement with Mr. Kann. Building Commis- sioner Bandy stated that Mr. Kann was given an opportunity to pass the examination. No one is re- stricted from taking a test. Mr. Dick Kaiser raised the point as to passing a wiped joint test, which seems to be a stumbling block for an ordinary handy man that is able to do plumbing. Mr. Bandy ex- plained that his department would rather be inspectors and not in- structors. Mr. Harry Grant of State Department of Health, addressed the Council by referring to Section 368.17 of the State Code stating the authority to examine and li- cense plumbers rests with the City Council providing the plumbing re- gulations are not inconsistent with state law. Some question was raised as to the use of plastic pipe. Mr. Grant stated that plastic pipe has not been accepted by the State. streets and- alleys in be vacated; and WHEREAS, the Planning and Zoning f.~:"'1,"~n r"c~.;"n:'en~~à' f6e D~:'~¥::,,¡; of said portions of street and aUeys in the City of Dubuque, as said streets -- 'e no longer '-wsy purpos- .art of Orig- reet commencing corner of City Lot 25, '30' East. iO.99 feet, '57' West. 98.37 feet, "30' West. iO.56 feet ---~----- northerly street line of West Seventb St ence Nortb 67'41' E..t, 98.37 feet the original northerly street line est Seventh Street to the point and the same is bere y vaca e . SECT-- - -- - nal W at the thence aion~ beginning be vacated. SECTION 3. Tbat Section i and Sec. tion 2 of Ordinaoce No. 45-70 passed t~~ef¿ror~a';,J';te~elb':~~~r, t~~7~~: ¡~ bereby repealed and declared null and void. SECTION 4. That tbe City Clerk be and is hereby authorised and directed to file a copy of this Ordinance in the Office of tbe County Recorder in and for Dubuque County, Iowa. Passed, appmved and adopted this 21st day of September, 1970. Donald R. Meyers Mayor Waiter A. Pregler Wayne A. Moldenhaue' Gayio,d M. Couchman Josenh J. Bitter Councilmen ATTEST, Leo F. Frommelt. City Clerk PubUshed officially in The Telegraph- Herald Newspapec this 2Sth day of Septemhe' i970. Leo F. Frommeit City Clerk 406 Special Session, September 21, 1970 Mr. Bandy suggested tbat the Plumbing Board be expanded from three to five members. ORDINANCE No. 48-70 An Ordinance prescribing regu- lation for the installing in or for buildings of pipes, fixtures and other apparatus for bringing in I tbe water supply and removing liquid and water carried wastes, in the City of Dubuque, and the issuance of permits therefor: to provide for the inspection of such plumbing and house drain- age systems and for the enforce- ment of such rules and regula- tions, and to prescribe penalties for the violation tbereof: to cre- ate a plumbing board providing for examination and licensing of plumbers, fixing a fee for licen- ses and prescribing a penalty for doing plumbing work or engag- ing in tbe plumbing without a license, and to repeal Ordinances No. 21-55, 49-55, 64-55. 16-59, 63- 59, 21-64, 22-64 and 23-64, presented and read. Councilman Couchman moved that section 3 of the Ordinance be I amended by adding "and the fifth members sball be one who holds a Bachelor of Science degree in the area of physical sciences" upon ap- proval of the City Attorney. Se- conded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Couchman moved that the reading just had be con- sidered tbe first reading of the Or- dinance. Seconded by Mayor Me- yers. Carried by tbe following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Coucbman moved that the rule requiring an Omi- nanc to be read on three separate days be waived. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ---- Special Session, September 21, 1970 407 make a"'kaU,, fo ,'omb'" bOOfd " b"'k, by the bmd. ,.m" tOfth . oe<- ""a" fo "fabU,h U", " '",h, "d e"h ,hal' be ""m""", by a ""'ot f"m the City T""o", fOf the e<aml,,- U" fee of feo dol'Of' ($10.00) fOf examl"U" tOf a m"t" "om",. aM II., doli", ($5.00) tOt examl,,- fI" to, a "',"eym" "omb". Seot'" 12. "-ov """ ,","ofly Ii- "yma," ,',mb",' oõd~;~o;~;u d:~~~i ,"",vi"" of a m"f" "0mb". ood 10 the m"f" "ombe" em,loy- moot. Se<tl" 17. Ma"" Plombe" Shali 100Iode ooy ""'0. "'m Of ","",- aU" eo,."" 10 the b,,"'" of .... ". "y- "0 who Of a~~ - r~é ;:~~. :g~ Se<U" lB. A",eoU", The f"m """eoU,," ,hali lo"ode aov ""'- "" who do", 00' hold a U""e " a """,,moo "0mb" Of m"t" "omb" ood " "",U" '0 the 10- ,faliaflo". alleta"" " ,e"" of ,'omb'". Special Session, September 21, 1970 For aach water ...tenor, or 'Imllar davlea connact'" to tho wator "pply $1.00 Fo, ,,'n..actlon Of aOY worn to""d d"actlvo or i..tall'" contrary to tho "o,'"mant, govarnlng tho In- .tallatlon of pl,mblng $5.00 Each roof, acea ond Indl,act drain 408 ,frIO. .Iml- 'ach o~~: .. a fix- ach ",h $100 or .torm .owor $2.00 For aach dom"tlc hot water .toraga tank or ranga bollor Incl,ding furnaea coli. and aloctrlc haatlng app,,"tv. $1.00 Sacflon 26. D"troying Carmicata of Notlea' It .hall ba "lawf,1 for any .."on, or ..r"", to wlll,""y m,tllaia, d"aea. "mova or d"troy any ",tlflcate or ""tlea plac'" 'POn tho pl,mblng work Of any b,lIdlng by a cltv p,"mblng i....ctor. Special Session, September 21, 1970 409 lng, controlling. I..talllng or "pair- Ing, any pl,mblng work or """P- mont, any ..r"n 0' p anY neoll- ~~ In- any In- tho IA) Concrata pi.. ,hall not be ,,'" to carry "waga ..eapf In main ---". IB) All loin" In vltrl.'" clay ","or IÂ~ ~Ij~ ~1::;"'\~~'16¡01~' f~~mfJ¡'¡ State Of Iowa PI'mb'ng Coda and of matorial approv'" by tho Cltv Of D,b,""" or thay may be factory a..I1'" pra-c..t loin" contormlng to Secflon '.2 (7) Of tha "'" Stata Of Iowa Pl,mblng Coda and ASTM C<25-60- g..kat, Of tho Coda, rn':'I': a f¿¡va wate llno, - no -..-- Ing. ovor throe .torl" aach rl"r II... IE) Whara ca.t Iron ,,11 pt.. " ,,'" within tho b,lIdlng, It ,ha'i be Of a grada nol "" than "axtra- haavv." IF) Tha '" of ..b..tos cernanf pi.. or bltvmlno" fib" pi.. for ho", .owa" .hall not be parmitt"'. IG) Tha '" of al,mlnom pi.. and fitting, .hall not ba parmi""'. " oFdlnance. Sactlon 35. Tha r..trldlon. and "g"atlo.. contain'" 'n Soction 1S, 16. 20 har... .hall apply to tho In- .tallatlon Of a b,lIdlng .anltary or ,torm "wor. ARTICLE 11 LEGISLATIVE Sacflon 1. Ra..al, Crdlnance. No. 21-55, ,..", """, 16-59, 63-59, 21"'- ".." and 23-601 a" hmby re...,ad. ARTICLE 111 VIDLATiON AND PENALTY Dubuque County Board of Superv"o,", for their execution. Pa"ed, approved and adopted Ibi, 21,t day of se'ìi~:::.~:;r 'a'9i.°eye" Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman J""e~~u,;'cn:~~er ATTEST, Leo F. Frommelt, Clty Clerk Publi,bed officially In The Te1egraph- Herald New,paper Ibi, 25th day of September 1970. Leo ~ Frommelt, Ctty Clerk 410 Special Session, September 21, 1970 p",ed, adopted ,"d app,oved thl, 2"t daY of Septemb", 1970. D,"o'd R. Meve" Mayo, p"gle, ATTEST, i t. "'5 Councilman Couchman moved fi- nal adoption of the Ordinance. Se- conded by Councilman Pregler. I Carried by the following vote: I Yèas - Mayor Meyers, Council- men Couchman, Moldenhauer, Pre- gler. Nays - Councilman Bitter. ORDINANCE No, 49.70 An Ordinance Approving Agree- ment by and Between Dubuque County, Iowa and City of Dubu- que, Iowa Relating to Joint Coun- ty,City Law Enforcement Cen- ter Building, presented and read. Councilman Pregler moved tbat the reading just bad be considered the first reading of the Ordinance. Seconded by Councilmall Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. COuncilman Pregler moved that tbe rule requiring an Ordinance to be read on three days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays - None. ORDINANCE NO. 49-70 AN ORDINANCE APPROVING AGREE- MENT BY AND BETWEEN CITY o~ DUBUQUE COUNTY. IOWA RELATING TO JOINT COUNTY-CITY LAW EN- FORCEMENT CENTER RUlT-DTNG NOW TW'REFORE BE IT ORDAINED BY THE CITv CO"NCIL OF THE CITY OF DUBUQUE. lOWA, Sect'on 1. That execut'ou of Mree- ment by and betweeu Duhuque Co'mtv, Iowa and City of Dubuque, Iowa. relating to the co..truclion. erect'on and maintenance and operation of a Jo1nt ( - . - Center i ment " _n- - ,ame Is herehv ."mu..". Seetlou 2. That the Mayor and City Clerk be and they are hereby author- !zpd to expp"te ..Irl Agreement for and on behalf of City of Dubuque, Iowa. Section ,. That the Cltv Cler" he aud he I' he,.by authnr',ed and dlrent, ed to tran,mit a "rtifled COPy of thi, ~ídl";r':'~'in~~fe~~:;r t~':m¡:~¡~:dt"'ì~~ 11. 9/25 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Coucbman, Molden- hauer, Pregler. Nays-None. JOINT COUNTY.CITY LAW ENFORCEMENT CENTER BUILDING AGREEMENT ART IC L E S OF AGREEMENT made and entered into this 21st day of September, 1970, by and between the parties, DUBUQUE COUNTY, IOWA, hereinfater re- ferred to as County, and CITY OF DUBUQUE, lOW A, a Municipal Corporation in Dubuque County, State of Iowa, hereinafter referred to as City. IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. That the duration of this Agreement sball be for a period of twenty-five (25) years or until it is modified or abrogated by mutual consent of the County and City. 2. That no separate legal entity is created by this Agreement but tbat this Agreement establishes the joint ownership and operation of a County-City Law- Enforce- ment Center Building as provided under Sections 368.18 to 368.23, in- clusive, of Chapter 368 of the 1966 Code of Iowa. That the Joint County-City Law Enforcement Center Building will be adminis- tered by the Board of Supervisors of the County and the City Coun- cil of the City. 3. That the site for the building is presently owned by the City of Dubuque under the control of its Urban Renewal Department, and that title thereto will be con- veyed to the County and City for the sum of $85,500.00 and said Special Session, September 21, 1970 conveyance will provide for re- verter to City of Dubuque upon discontinuance of tbe presently contemplated development tbere- on and such re-conveyance shall be made and the City shall pay therefor the sum of $85,500.00 less its contribution thereto. 4. That tbe structure proposed to be erected upon said site for purposes hereof shall be describ- ed as JOINT COUNTY.CITY LAW ENFORCEMENT CENTER and tbe cost of constructing said structure shall be apportioned between the two governmental bodies as fol- lows: Dubuque County 70.7317 percent and City of Dubuque 29.- 2683 percent. 5. The cost of construction shall be financed by issue of bonds, sub- ject to approval thereof as to is- suance by Dubuque County by the voters of the County and to the approval of the issuance of the bonds by the City by the voters of tbe City of Dubuque, all as per- mitted and provided for by Sec- tion 368.20 of the 1966 Code of Iowa and that the share of the bonds to be issued sball be as fol- lows: Dubuque County 70.7317 per- cent of the amount and City 2J.- 2683 percent. It is proposed that said election shall be beld on No- vember 3, 1970. 6. The cost of the bond issue election will be apportioned be- tween County and City at the rate of 70.7317 percent for the former and 29.2683 percent for the latter. 7. It is further mutually agreed by the parties hereto as follows: a) The County and City shall approve the biring of the archi- tect: and both bodies shall approve I the plans and specifications. b) For purposes of construction of said building County shall be deemed owner for purposes of construction method of inspection. Inspection of construction shaH be approved by County and City. c) No change order shall be approved except in writing and bearing siguature of Chairman of Board of Supervisors and City Manager. d) Appropriate insurance cover- age shall be secured and paid for and same be deemed part of con- struction costs. e) County shall make aH pay- ments as work progresses and bill City accordingly for its share and 411 each party hereto shaH make pay- ments promptly from the respec- tive bond sale proceeds. f) Acceptance of completed con- struction shall be made by both County and City and eacb shall adopt a resolution accordingly. g) Equipment and furnishings installed and necessary to serve the needs of botb parties, in com- mon, sball be installed after agree- ment by Chairman of tbe Board of Supervisors and City Manager. h) Equipment and furnishings installed and necessary to serve the particular needs of the County shall be installed upon the ap- proval of Chairman of Board of Supervisors and equipment and furnishings installed and neces- sary to serve the needs of the City sball be installed upon the ap- proval of tbe City Manager. i) Equipment for the jail fea- tures of said structure shall be installed after approval of same by Board of Supervisors. j) Operation and maintenance of said bnilding shall be by the Board of Supervisors and the cost of heat, light, water, repair and jan- itorial services shall be paid for by the COunty, who shall bill the City of Dubuque m>nlhly for its share of same and same shall be paid promptly. Tbe City's share shall be computed and paid upon tbe basis of 29.2683 percent of such costs. k) No repair, renovations or changes in the completed struc- ture shall be made which cost is in excess of $500.00 or more with- out first securing the written con- sent of the City Manager. I) Assignment of building spac- es, including parking spaces, shall be done by mutual agreement be- tween Chairman of the Board of Supervisors and City Manager. m) Disposition of the property after termination of Agreement shall be done by mutual agree- ment of the parties hereto. n) That any future expansion of the Joint County-City Law En- forcement Center Building shall be determined and made by the Board of Supervisors and by the City Council of the City of Dubu- que. That the parties hereto agree that this Agreement shall have 412 Special Session, September 21, 1970 full force and effect upon passage I of a Resolution by the Board of Supervisors of Dubuque County approving this Agreement and authorizing and empowering the Chairman of the Board of Super- visors to sign the same, and upon passage of an Ordinance by the city council of the city of Du- buque approving this Agreement and authorizing them to sigu the same. In the event the election fails, allthis shall be null and void. Dated this 21st day of Septem- ber, 1970. Dubuque County Board of I Supervisors By: Donald C. Meyers, Chairman Board of Supervisors of Du- buque County, Iowa City of Dubuque, Iowa By: Donald R. Meyers, Mayor City of Dubuque, Iowa. Attest: Harold P. Meloy County Auditor Attest: Leo F. Frommelt, City Clerk ORDINANCE NO. 50-70 An Ordinance Amending Ordl. nance No. 33-49 known as the "Traffic Cede of Dubuque, Iowa" as Amended, by repealing Sub- _tlon 22 of Section A of Sched- ule IV thereof and enacting a new subsection 22 to Section A of Schedule IV In lieu thereof to limit parking of motor vehicles on Clarke Drive, presented and read. Mayor Meyers moved that the I Ordinance be tabled until further inspection can be made in the area. Seconded by COuncilman COuchman. Carried by the follow- ing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Dubuque Senior High School requesting permission to conduct a Homecoming Parade on October 9, 1970, presented and read. Councilman Couchman moved that the petition be ap- proved and referred to tbe City Manager. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Cletus M. Nauman re- questing returu of security deposit in the construction of Nauman Ad- dition, as same now has been com- pleted, presented and read. Mayor Meyers moved that the petition be referred to the City Manager. Sec- onded by Councilman Bitter. Car. ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Dubuque Downtown Association requesting permission to conduct a Giant Balloon Parade on November 14, 1970 in Down- town Dubuque, presented and read. Councilman Pregler moved approval of the petition and to be referred to the City Manager. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Dubuque Downtown Association requesting permission to conduct a name guessing con- test for the Downtown Pedestrian- way from October 22nd to Novem- ber 26th, presented and read. Councilman Couchman moved ap- proval and granted permission. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Tower Investment Inc. requesting consideration as to the extension and use of tbe City water system in the proposed an- nexation south of the City, pre- sented and read. Councilman Bit- ter moved that the petition be re- ferred to the Planning & Zouing Commission and to the City Solici- tor. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Special Session, September 21, 1970 4i3 Petition of Tower Investment Inc. submitting an application to in- corporate certain described real estate to the south of the City pre- sented and read. Councilman Bit- ter moved that the petition be referred to tbe Planning & Zon- ing Commission and the City So- licitor. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 311.70 Extending City Limits to in- clude portions of M.L. 483, 484, 485, 490, 492, 493, 496 in Table Mound-114.23 acres; Annie Wal- lers Sub. No.2, Section 1 and 2 T. 88 N. R. 2E 5 P. M. 55.76 acres; R/W Rockdale Road 11.42 acres, presented and read. Councilman Bitter moved that the resolution be referred to the Planning & Zon- ing Commission and City Solicitor. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, or Notice of Pen- dency of resolution of necessity for public improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for construction of 1970 Downtown Traffic Sigual and Street Lighting project on Lo- cust, Fourth, Fifth and Ninth Streets, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 296-70 WHEREAS, proposed plans, specifications, and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among oth- er things the following: (1) The plan of such improve- ment. (2) An estimate of the cost of the improvement for the 1970 Downtown Traffic Signal and Street Lighting Project. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement be paid from the Road Use Tax Fund and the Utilities Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 8th day of September, 1970. Approved and placed on file for final action. Approved: Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Record of Final Adoption The foregoing resolution was fi. nally passed and adopted, as pro- posed, by the City Council this 21st day of September, 1970. Donald R. Meyers Mayor Walter A Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 414 Special Session, September 21, 1970 COuncilman Pregler moved final adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. (Ordering Construction) RESOLUTION No. 312.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a Reso- lution of Necessity No. 296-70 which was duly passed by this Council for the 1970 Downtown Signal and Street Lighting Project. be and the same are bereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance witb the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Road Use Tax Fund and the Utilities Fund BE IT FURTHER RESOLVED that tbe City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law. BE IT FURTHER RESOLVED tbat this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by tbe City Council. Passed, adopted and approved tbis 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Coucbman, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisber, of Invitation for proposals of sale of urban re- newal land, parcels 8-11 and 11-5 presented and read. ' Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers. Council- men Bitter, Coucbman, Molden- bauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of Legal No- tice of hearing of proposal of sale of urban renewal property located at 5tb & Locust Street to Malo Oil Company, presented and read. Councilman Bitter moved that the proof of publication be recieved ceived and filed. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of Paul From- melt of Frommelt Industries plead- ing in bebalf of Marty's Sinclair station for consideration in their rebuilding program, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Communication of Dubuque Ser- vice Station Operators pleading for consideration to allow the estab- lishment of a Sinclair Service Sta- tion in the Urban Renewal area, presented and read. Councilman Bitter moved that the communica- tion be received and filed. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Preeler. Nays - None. Communication of Dubuque Ad. visory Commission submitting a resolution with the intent that the entire block between 4th and 5th and Main and Locust not be sold at this time but be reserved for the Special Session, September 21, 1970 convention center, presented and read. Mayor Meyers moved that tbe communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- bauer, Pregler. Nays-None. Councilman Pregler further moved approval of recommenda- tion of the Advisory Commission. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- bauer. Pregler. Nays-None. Attorney Francis O'Conner, ad- dressed the Council in behalf of tbe Malo interests and stated that his client is perfectly satisfied to move across the street from his present occupied location. Mr. Wayne Norman spoke on the five flags concept and stated their re- port from the consnltants definite- ly ascertains that the City needs a civic center and they are satisfied that the area is best tied in with the Orpheum theatre. The theatre is adequate to serve in connection with an exhibition ball. The ascetic and cultural impact is good and someday could he looked upon as the Key City of the Midwest. The Acoustics in the thcatre cannot he duplicated. It is their intention to expand the committee and make it a city wide venture. Mr. William Woodward and Mr. Roger Rhom- berg also spoke in favor of the ci- vic ce,ter and up until now it has at least a fifty-fifty chance for suc- ce". The general thinking of the group was that it will eventually beco:ne the property of the City. RESOLUTION No. 313.70 AUTHORIZmG THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEV& LOPMENT WITH MOLO OIL COMPANY WHEREAS, pursuant to Resolu- tion No. 247-70 dated August 17, 1970, and a Notice of Public Hear- ing published in the Telegraph. Herald, a newspaper of general circulation in the City of Dubu- que. Iowa, on Augmt 25, 1970, and September 1, 1970, City Council met 415 on the 21st day of September, 1970, at 7:30 o'clock P.M., Day- light Time, in the City Council Cbambers, of City Hall, Dubuque, Iowa, to consider the proposal to dispose of the interest of the City of Dubuque to Reuse Parcel 8-11 in the Downtown Urban Renewal Project, Iowa R,15; and WHEREAS, pursuant to said re- solntion a copy of the Redevelop- er's Statement for Public Disclo- sure and a copy of the proposed from of Contract for Sale of Land for Private Redevelopment were placed on flie in tbe office of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the propsal to dispose of said in- terest of tbe City of Dubuque in the above described real estate to 14010 Oil Company, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized to enter into a Contract for Sale of Land and Private Re- development in accordance with the terms of tbe Disposition Docu- ments governing such sale with Mo. 10 Oil Company for the real estate known as Reuse Parcel 8-11 in the Downtown Urban Renewal Project, Iowa R-15, containing 15,960 square feet, subject to survey, and legally described as Lot 1 of Block 16 in Duhuque Downtown Plaza in the City cf Dubuque, Iowa, Section 2. That said parcel of real estate sball be sold for $4.09 per square foot for a total price of $65.276.40 subject to final survey of the land to be conveyed. Passed, approved and adopted this 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution subject to acquiring 14010 property on South- east corner of 5th Street for 416 Special Session, September 21, 1970 $60,000. Seconded by Councilman Couchman. carried by the follow- ing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 314-70 AUTHORIZING THE DISPOSI- TION OF THE CENTRAL FIRE STATION PROPERTY BY THE DEPARTMENT OF URBAN RE- NEW AL WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America enter. I ed into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Pro- ject, Iowa R-15; and WHEREAS, the Financing Plan for said Project contained a pro- vision that tbe land and improve- ments known as the Central Fire St1tion owned by tbe City of Du- buque would be treated as a land donation at its Fair Market Value as determined by two independent rea] estate appraisals concurred in \Jy the Department of Housing and Urban Development; and WHEREAS, the Department of Housing and Urban Development h" concurred in a Fair Market Value of $45,000 as a land dona- tion towards the Project cost; and WHEREAS, the subject property has been vacated and released to the Department of Urban Renewal for demolition and site clearance, now therefore BE IT RESOLVED BY THE CITY I COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Central Fire Station Property legally described as South 20 feet of Lot 169 and northerly 44 feet of Lot 169 in tbe Town (now City) of Dubu- que, Iowa be made available to the Depart- ment of Urban Renewal for dispo- sition in accordance with the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R- 15, for street widening and rede- velopment purposes. Section 2. That the Department of Urban Renewal enter into ap- propriate accounts tbe Fair Market Value of $45,000 for said real es- tate as a local non-cash grant-in- and representing a portion of the -- local share of the net cost of said urban renewal project. Passed, approved and adopted this 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoplion of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the publisher, of Notice of Sale of Project Notes, Third Series 1970, to aid in financing Urban Re- newal projects in the amount of $3,265,000 presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the hearing. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 315.70 Authorizing the Sale, Issuance and Delivery of ProJect Notes in the Aggregate Principal Amount of $3,265.000 and the Execution of Requisition Agree- ment No. 3.1970 in Connection With the Downtown Urban Re- newal ProJect, Project No. Iowa R.15. WHEREAS, City of Dubuque (herein called the "Local Issuing Agency") has entered into one or more contracts (which, together with any supplements thereto or amendments or waivers of any provisions thereof, are herein called the "Contract") with the United States of America (herein called the "Government") provid- ing for a loan by the Government to the Local Issuing Agency for i Special Session, September 21, 1970 financing the urban renewal, low- rent housing or redevelopment project (s) described in the Con- tract and berein called the "Proj- ect"; and WHEREAS, pursuant to adver- tisement for the receipt of propos- als for the purchase of the Third Series 1970 of Project Notes (here- in sometimes called "New Project Notes") of the Local Issuing Agen- cy aggregating $3,265,000, which appeared in a Notice of Sale pub- lished on September 1 and 8, 1970, in the Telegrapb-Herald in the City of Dubuque, Iowa, and in The Daily Bond Buyer in the City of New York, New York, proposals for the purchase of the New Proj- ect Notes in the form approved by the Local Issuing Agency were re- ceived, opened, and canvassed at the time and place mentioned in said advertisement, to wit: at Council Chambers. City Hall, 13th and Iowa in the City of Dubuque, Iowa 52001 at One o'clock P.M. E.D.S.T., on September 15, 1970, which proposals are as follows: Name 01 Bidder Central National Bank and Trust Company, Int. Rate 3.99%, Prin. Amount $3,265,000, Premo $ -0- Continental lllinois National, Int. Rate 4.15%, Prin. Amount, $3,- 065,000, Prem. $68.00 Bank and Trust Company of Chi- cago, Int. Rate 4.00%, Prin. Amount $200,000, Premo $ -0- First National City Bank, The First Boston Corporation and Mellon National Bank and Trust Company The First National Bank of Bos- ton and Lehman Brothers, Int. Rate 4.05%, Prin. Amount $3,- 265,000, Prem. $52.00 Bank of America, N.T. & S.A. and Bankers Trust Company, Int. Rate 4.07%, Prin. Amount $3,- 265,000, Premo $80.00 Chemical Bank, Int. Rate 4.12%, Prin. Amount $3,265,000, Premo $BO.OO United California Bank and Weed- en and Company, Int. Rate 4.16%, Prin. Amount $3,265,000, Prem. $88.00 The Chase Manhattan Bank and First National Bank of Chicago, Int. Rate 4.19%, Prin. Amount $3,265,000, Premo $10.00 411 Morgan Guaranty Trust Company of New York and Salomon Bro- thers, Int. Rate 4.20%, Prin. Amount $3,265,000, Premo $39.00 NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque: Section 1. The aforesaid publi- cation of the Notice of Sale and tbe form and contents thereof as so published are hereby, in all re- firmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the develop- ment of the Project, or to refund, renew or extend its outstanding Notes issued in connection there. with, the Local Issuing Agency hereby determines to borrow the sum of Three Million, Two Hun- dred Sixty Five Thousand Dollars ($3,265,000) and issue its negotia- ble Project Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and ap- Droves tbe form of each proposal hereinafter in this Section 3 enu- merated for the purchase of the desig¡¡ated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Principal Amount: $3,265,000, Int. Rate 3.99%, Purchaser: Central National Bank and Trust Com- pany, Des Moines, Iowa Section 4. Each Note shall be dated October 14, 1970, shall be payable as to both principal and interest to bearer, on February 11, 1971, and, pursuant to each pro- posal for the purchase of said Notes hereinabove accepted, shall bear the rate of interest per an. num, payable at maturity; shall bear tbe numbers and be in the de- nominations; and shall be payable as to both principal and interest at the incorporated bank having trust powers or incorporated trust company, as follows: Purchaser Central National Bank and Trust Company, Des Moines, Iowa: No. 1-20, Den. $100,000, No. 21-40, Den. $50,000, No. 41-50, Den. $25,000, No. 51-53. Den. $5,000, Interest Rate 3.99%, Payable at: Central National Bank and Trust Company, Des Moines, Iowa 418 Special Session, September 21, 1970 None of such Notes shall be valid amounts authorized or required by until after the bank or trust com. the Contract to be applied to the pany at which it is payable shall payment of Project Loan Notes (re- have signed the agreement, ap- ferred to in the Contract as "Proj- pearing on each Note, to act as ect Temporary Loan Obligations" paying agent thereof. Each sucb "Advance Notes" or "Permane~t Note shall be executed in tbe Notes") as issued in connection name of the Local Issuing Agency with the project are hereby lITe. by tbe manual or facsimile signa- vocably pledged to secure the pay- ture of tbe Mayor and City Treas- ment of the principal of and in. urer of the Local Issuing A~enc: terest to maturity on the New and shall have the corporate seal Project Notes. of the Local Issuing Agency im- . pressed, imprinted or reproduced Such pledge and the lien creat- thereon and attested by the City ed thereby shall cease and ternu- Clerk, and said officers are hereby nate .,,:ben momes or mvestment authorized and directed to cause secuntles convertible mto cash not said Notes to be properly exe- later than the maturity date of the cuted. New Project Notes, sufficient and for tbe purpose of paying tbe pri- Section 5. Each such Note shall ncipal and interest to maturity on be in substantially the form of such Notes, are deposited with the HUD.90IO, which is incorporated paying agent or agents for sucb herein by reference, and shall be Notes. ~;:~~it~~nan ~~~:'.~~t ~:itle~ Seelion 8. Tbe proceeds derived 1970" (herein called tbe "R~qui- from the sale of tbe New Project sition Agreement") in substantial- Notes, together with such amount ly tbe form of JIUÌ:¡.9003 which is :.f other funds of the Local Issuing lIIcorporated berein by ~eference, Agency. as n;ay be necessar~, shall to be entered into between the Lo- be apphed, simultaneously wIth the éal Issuing Agency and the Goy- receipt of said proceeds, in aC- ernment. cordance witb the provisions of tbe Requisition Agreement. A;~ce~:nt ~hallT~~ e~:~~àti~~ Section Y. The City Tr~asurer is the name of the Local Issuing hereby authonzed and dllected to Agency by the manual or facsimile send promptly a letter to each ~ay- signature of the Mayor of the Lo- mg a~ent for the New ProJect cal Issuing Agency and shall have Notes m substantia~ly the form of the corporate seal of the Local Is- ~-9004, whicb is Incorporated suing Agency impressed imprinted herem by reference, and to trans- or reproduced thereon 'and attest- mit tberewith (a) the New Project ed by the City Clerk, and said of- Notes for whicb the addressee is flcers are hereby authorized and the paymg agent for dehvery an~ directed to cause the Requisition payment and (b) a Signature cerb- Agreement to be properly execut- f1:ate and receipt, m accordance ed . wIth tbe terms of said letter, and . to take such other actions as may Section 7. For tbe punctual pay- be required to complete the deli- lI1ent of the principal of and in- very transaction in accordance terest on the New Project Notes, with the terms of the letter to the the Local Issuing Agency hereby paying agent. expressly and irrevocably prom- ises to pay any sums which may Passed, approved, and adopted be received from the Government this 21st day of September, 1970. pursuant to the Requisition Agree- Donald R. Meyers ment relating to such series of Mayor Project Notes and said Agreement, Walter A. Pregler when executed by the Government, Wayne A. Moldenhauer is hereby declared to be and is Gaylord M. Couchman hereby assigned by the Local Is- Joseph J. Bitter suing Agency for the benefit of Councilmen tbe holder or holders from time to time of the New Project Notes. ¡\1l contributions, funds and Attest: Leo F. Frommelt City Clerk Special Session, September 21, 1970 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 316.70 RETENTION OF BLOCK 9 IN DUBUQUE DOWNTOWN PLAZA FOR PUBLIC PARKING PURPOSES WHEREAS, under date of May 18, 1967, the City Council of the City of Dubuque approved and adopted after a Public Hearing an Urban Renewal Plan for the Down- town Urban Renewal Project, Iowa R-15, and which Plan is on file in the office of the City Clerk and ¡, recorded in the Office of the Recorder of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 235 and 259; and WHEREAS, in order to achieve an objective of the said Project the said Urban Renewal Plan con- tained provisions for the reten- tion of certain land by the City of Dubuque for the purpose of providing offstreet public parking facilities by said City; and WHEREAS, the City Council un- der date of July 17, 1967, adopted Resolution No. 214-67 assuring the United States of America that land to be retained by tbe City of Du. buque for public parking purpos- es would be developed in accord- ance with the Urban Renewal Plan and conditions of a pending Loan and Capital Grant Contract; and WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered into a Loan Capital Grant Contract, Contract No. Iowa R-15 (LG), for tbe undertaking of the Downtown Urban Renewal Proj- ect, Iowa R-15; and WHEREAS, pursuant to said Contract and in accordance with the Urban Renewal Plan. the City of Dubuque acquired and cleared certain land identified as Reuse Parcel 6-1 (Area 4) platted and legally described as Block 9 in Dubuque Down- 419 town Plaza in the City of Du- buque, Iowa, containing 80,940.96 square feet and constructed thereon certain public parking facilIties; and WHEREAS, the Department of Housing and Urban Development, United States of America, under date of October 24, 1969, on the basis of two independent real es- tate appraisals has concurred in a disposition price for said land for public parking purposes on the Basis of $1.75 per square foot, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the assurance" covenants and conditions contain- ed in Resolution No. 214-67 dated July 17, 1967, are hereby reaf- firmed as they pertain to the real estate bereinbefore described re- tained by the City of Dubuque for public parking pnrposes. Section 2. That the City Auditor be and be is hereby authorized and directed to draw his warrant or warrants against the Iowa Street Parking Ramp Construction Account in the amount of $141,- 646.68 representing full and com- plete compensation of the Fair Value of said real estate for pub- lic parking purposes, and to de- posit said warrant or warrants in the appropriate Downtown Urban Renewal Project, Iowa R-15, ac- count. Section 3. That the City Clerk be and be is hereby authorized and directed to file a copy of Reso- lution No. 214-67 dated July 17, 1967 and a copy of this Resolution in the Office of the County Re- corder in and for the Dubuque County, Iowa. Passed, approved and adopted this 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk 420 Special Session, September 21, 1970 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Proof of publication, certified to by the Publisher, of official notice of public hearing to consider con. dition of buildings located on Lot 5 of Uuion Addition in the City of Dubuque, Iowa, known as 942 Dodge Street, presented and read. Mayor Meyers moved that the proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Statement of City Clerk certify- ing that notice of public hearing was mailed by certified mail on August 26, 1970 to Mrs. Emma De- Tablan and Adeline Studier at Rockford, ll1. to consider condi- tion of buildings located on Lot 5 of Union Addu. at 942 Dodge Street, presented and read. Coun- cilman Bitter moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mrs. DeTablan addressed the Council by stating that they are are now living in Rockford, lll. When they left the house at 942 Dodge it was ransacked. They are now in tbe process of selling the house and requested an extension of time. RESOLUTION NO 317.70 Declaring property located at 942 Dodge Street and described as Lot 5 of Union Addn. in the City of Dubuque as being danger- ous to life, healtb, property and a nuisance and directing the Man- ager to have structures on said property to be dismantled and re- moved, presented and read. Coun- cilman Pregler moved that the De- Tablan's be allowed 60 days to dispose of the property. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by the publisher, of notice of public hearing to consider condi. tion of buildings located at 1203 Grove Terrace being described as S'h of W. 25' of Lot 760 and N'h of W. 25' of Lot 760, presented and read. Councilman Bitter moved tbat tbe proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Statement of City Clerk certify- ing that notices of public hearing were mailed by certified mail on August 26, 1970 to Lorin C. Fleege et al to consider condition of the buildings located at 1203 Grove Terrace being described as S'h of W. 25' of Lot 760 and N'h of W. 25' of Lot 760 presented and read. Councilman Bitter moved that tbe statement be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Allen D. Rey- nolds of Clinton, Iowa objecting to condemnation of the property at 1203 Grove Terrace, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Special Session, September 21, 1!)70 42Ì M.r. Reynolds of Clinton Iowa ad. dreSsed the Council by stating that in his opinion the property at 1203 Grove Terrace should be salvaged and preserved as a part of historic Dubuque. RESOLUTION NO. 318.70 Declaring property located at 1203 Grove Terrace and described as S'h of W. 25' of Lot 760 and N'h of W. 25' of Lot 760, in the City of Dubuque as being danger- ous to life, health, prpoerty and a nuisance and directing the City Manager to have structures on said property to be dismantled and re- moved, presented and read. Councilman Couchman moved a continuance of thirty days to come up with a proposal. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider disposal of City interest in Lot 32A to Wil- liam Klauer and lot 40A to Wil- liam & Beverly Woodward all in Coriells Dubuque, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the fallowing vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Attorney Francis A. O'Connor, representing the Klauer interests, stated that the Council should sup- port the decisions they made some- time ago. Notice in the case of William R. Woodward et ux vs. City and Wil- liam J. & Carol R. Klauer as de- fendants praying that the title to Lot 32A and 40A in Coriells "Va- cated Prospect Street" be quieted in William P. Woodward et ux and the defendants be barred and estopped from any right in said property, presented and read. Councilman Bitter moved that the notice be referred to the City So- - licitor for proper proceedings and subsequent report. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays-None. As the result of the estoppal no- tice by the Woodwards City Attor- ney Russo advised the Council not to proceed with the transfer of title of Vacated Prospect Street, now known as Lots 32A and 40A of Coriell's Dubuque, until it is cleared in District Court. Councilman Couchman moved that the matter be tabled. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 319.70. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Hartig Drug Company, 2255 John F. Kennedy Road BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councihnan Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. 422 Special Session, September 21, 1970 There being no further business COuncilman Bitter moved to ad- journ. Seconded by Councilman Coucbman. Carried by the fol- lowing vote: Ye_Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Leo F. Frommelt City Clerk Approved 1970 i Adopted 1970 ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: """"ëï¡ÿ"ëi~~k:""""""""""" I ,. i! " Special Session, September 28, 1970 CITY COUNCIL OFFICIAL Special Session, September 28, 1970. Council met at 7:30 P.M. Central Daylight Time. Present-Mayor Meyers, Council- man Bitter, Couchman, Molden- ha.ar, Pregler. City Menager Gil- bert D. Chavenelle. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERING AN AWARD OF CON- TRACT FOR CONSTRUCTION OF 1970 DOWNTOWN TRAFFIC SIG- NAL AND STREET LIGHTING PROJECT, and acting upon such other business as may properly come before a regular meeting of the City Council. Communication of Airport Com- mission advising that they are in- cluding in their budget construc- tion of a small structure for a new hangar space, tbe cost of which will amortize itself Dyer a period of years, presented and read. May- or Meyers moved that the commu- nication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Communication of Public Library submitting a proposal to purchase a bookmobile, in an amount not to exceed $35,000, and requesting tbe Council to approve the execution of a contract between tbe City and a local lending institution in tbe year 1971, with 36 monthly pay- i ments, presented and read. Council- man Pregler moved that the com- munication be received and filed and the rules be suspended to al- low the Library staff to address the Council. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. 423 Mr. William G. Fullmer, Library Director, gave a complete report on tbe purchase of the Bookmobile and what they plan to accomplish in the future. He also mentioned many operational handicaps in try- ing to operate efficiently out of the present seventy year old facility. Councilman Pregler moved that providing a Bookmobile under this plan be accepted. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 320.-70 WHEREAS, the Board of Trus- tees of the Carnegie Stout Public Library by written communication dated September 17, 1970, request- ing the City Council of the City of Dubuque, Iowa to enter into a Lease.Purchase Agreement for the purehase of a bookmobile in order to extend the library's book service throughout the City of Dubuque with scheduled weekly stops, the cost of which bookmobile shall not exceed $35,000.00 and WHEREAS, the City Council of the City of Dubuque, Iowa ap- proved said project and the method of purchase therefor, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the purchase of a bookmobile for an amount not to exceed $35,000.00 upon the basis of a Lease-Purchase Contract providing payments not to exceed thirty-six (36) monthly payments at a rate of interest not to exceed the prime rate of interest existing at tbe time of the execution of the contract and providing for the pay- ment of liability insurance there- for, be and the same is hereby approved. Section 2, That the Mayor and the City Clerk be and they are hereby autborized and directed to exeeute said Agreement and upon execution thereof by the Mayor and City Clerk tbat the Board of Li- brary Trustees execute said Agree- ment, copy of which, marked Ex- hibit "A", is hereto attached. 424 Special Session, September 28, 1970 Passed, approved and adopted south of the City, generally de- this 28th day of September, 1970. scribed as Key West. The property Donald R. Meyers being. considered for voluntary an- Mayor nexatlon IS a part of the Key West Walter A. pregler area. . . Wayne A. Moldenbauer Tbe CommIssIOn also found tbat Gaylord M. Couchman even tbough ~he bulk of the. prop- J h J B'tt erty 1D questIOn IS not contiguous o~ep 'im: er with the present corporate limits, ATTEST' ounCI n that the intervening land is gen- . I erally undevelopable and the Le~.r ~t,::me t natural characteristics are to be 1 y er preserved. Because of this the pro- Councilman Couchman moved posed annexation would not be en. adoption of the resolution. Second- couraging a scattered development ed by Councilman Pregler. Carried but would be, in effect, bridging by the following vote: the Catfish Creek Valley and en- Yeas-Mayor Meyers, Council- couragmg urbamzatlOn of the south men Bitter, Counchman, Molden- side. hauer. Pregler. It is the opinion of the Commis- Nays-None. sian that tbe proposal as presented, would accommodate an orderly Communication of Robert L. progression of development and Strub submitting a petition of would be consistent with the de- property owners abutting Rockdale velopment program and the gen- Road, objecting to a proposed an- eral planning for the City of nexation south of the City,. pre- Dubuque. sented and read. Councilman It is the recommendation of the Couchman moved that the commu- Planning and Zoning Commission uication be reeeived and filed. See- that the voluntary annexation as onded by Councilman Bitter. Car- submitted, be approved. ' ried by the following vote:. Respectfully submitted, Yeas-Mayor Meyers, CouncIl- CITY PLANNING AND men Bitter, Couchman, Molden- ZONING COMMISSION hauer, Pregler. Don Gilson Nays-None. City Planner September 28, 1970 Councilman Pregler moved that Honorable Mayor and the communication be referred to Council Members the City Manager for report and The City Planning and Zoning recommendation. S e con d e d by Commission has considered a pro- Councilman Bitter. Carried by the posal to voluntarily annex proper. following vote: ties lying south of the present Yeas-Mayor Meyers, Council- corporate limits of tbe City of Du- men Bitter, Couchman, Molden. buque. These properties include hauer, Pregler. land owned by Mississippi Valley Nays-None. Milk Producers. Associatio~; ~u- Communication of Muscular Dys- buque Commumty School DIStrICt; trophy Associations of America Tower Investment, Inco~o:ated; Inc. informing the City Clerk that and Robert W:aller. In additIOn .to the Dubuque Area Chapter will these prope~Ies the p,:"posal m- hold its regular annual drive on cludes a portIOn of the rIght-of-way November 8th, presented and read. of Rock~ale ~o,,:d from the. present Mayor Meyers moved that the com- c~rporation lunitS to the mtersec- munication be received and filed. tlon of the Bellevue Road and a Seconded by Councilman Bitter. county road, runnmg from Rock- Carried by the following vote: dale Road to Table Mound Ele- Yeas-Mayor Meyers, Council- mentary School. man Bitter Couchman Molden- In considering the proposal the hauer Pregler. ' Commission reviewed the annexa- Nais-None. tion program which is a part of the Dubuqu,e Development Pro. Communication of Dubuque Ad- gram and found that it is the intent visory Commission submitting a of the program to annex an area resolution adopted on September Special Session, September 28, 1970 22, 1970 endorsing the proposed County-City Law Enforcement Cen- ter on the basis of the plans pre- sented, and recommending to the Council and Supervisors that an open meeting be held for the pub- lic to understand the need, pre- sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Mr. William Woodward spoke of the confusion among the citizens at the present time between the pro- posed erection of a County-City Law Enforcement Center and the joint City-County building to house County and City governmental units which was previously de- feated by referendum. He stated that we must go out and explain and educate the people, and the Advisory Commission is willing to help all they can, after proper di- rection from the Council and the Board of Supervisors. September 22, 1970 To the Honorable Mayor and City Council This is to advise that I have ap- proved the following policy and bonds, and desire to have your approval on same. COMPREHENSIVE LIABILITY Curtis Straub Company, State Au- tomobile and Casualty Under- , writers ; Donald L. Ohmert, American States I Insurance SIDEWALK Richard Magnall, Insurance Com- pany of North America Ralph A. Reisen, American States Insurance Company David Schreiber, Merchants Mutusl Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved for filing approval subject to approval of the City Solicitor. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. 425 September 18, 1970 To the Honorable Mayor and City Council I herewith submit the reports of tbe City Treasurer, City Auditor, Water Superintendent, as well as a list of claims, for the month of August 1970. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of receipts and a list of claims for the month of August 1970, pre- sented and read. Councilman Preg- ler moved that the proof be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Printed Council proceedings for the month of June 1970 presented for approval. Councilman Couch- man moved that the proceedings be approved as printed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. September 21, 1970 Honorable Mayor and City Council On September 11. 1970, Gerald- ine M. Leslein of 317 Klingenberg Terrace, this city, filed claim against the City of Dubuque, claim- ing damages in the amount of $151.00 to her motor vehicle on August 28, 1970 as the result of said vehicle being struck by a city owned street sweeper being operated at Providence and Wind- sor in this city. This matter was referred to the City Attorney who referred same to the insurance carrier for the City for investigation and handling. The City Attorney bas -'" ,< 426 Special Session, September 28, 1970 " been informed that said claim has been settled in full and in view of the foregoing it is the recom- mendation of the City attorney tbat said claim of Geraldine M. Leslein be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman Bitter moved ap- proval of tbe recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden. I hauer, Pregler. Nays-None. September 24, 1970 Honorable Mayor and City Council On September 8, 1970, Mamie Hill of 111 West 13th Street, filed claim against the City of Dubuque, in the amount of $111.80 alleging she suffered a cracked vertebra as the result of falling down three steps while going out of the City Hall on June 5, 1970. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability on the part of the City and in view of the foregoing It Is the recommendation of the City Attorney that the claim of Mamie Hill be denied. I Original of said claim is re- turned herewith. Respectfully submitted. R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. September 24, 1970 Bon. Mayor and City Council On May 5, 1970, Anna Mae Breckler, of 2559 University of Du- b\lque, Iowa, filed claim against the City of Dubuque in an \In- determined amount for alleged in- juries suffered on or about the ith day of February, 1970 at or near the intersection of University and Pennsylvania Avenue in the city of Dubuque, Iowa and as a result of said alleged fall she auf- fered a fracture of the left wrist. I have examined said claim and I have examined the site of the alleged faU and 1 have examined the pertinent law governing the matter, and I am of the opinion that the claim of Mrs. Breckler should be denied for the reason that same was not timely filed as required by the statue of Iowa. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. September 23, 1970 Hon. Mayor & City Council On August 7, 1970, David W. Lelfker, filed notice of claim a- gainst the City of Dubuque, Iowa in an unstated amount aUeging therein that on July 24, 1970 at 3:30 P.M. as the result of tripping over an uneven part of the public sidewalk on tbe nortb side of 8th Street, this city, at a point near where the buildings of the Grand Theatre and Dubuque Savinqs & Loan Building join, he suffered bodily Injuries consisting of aUeg. ed severe abrasions and contusions and puUed muscles and further claiming damage to his suit. This matter was referred to the City Attorney wbo has made an In. vestigation tbereof, and who has been Informed that said claim has been settled to the full satisfac- tion of the claimant and that in view of tbe foregoing, it is recom- mendation of the City Attorney that said claim be denied, Original claim is returned here- with. RespectfuUy submitted R. N. Russo City Attorney Councilman Bitter moved approv- al of the recommendation. Second. Special Session, September 28, 1970 427 cd by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays - None. Notice of claim of Mrs. Minnetta A. King, In the amount of $150 for car damage as the result of an up- rooted tree falling on her car at the corner of Maple and E. 14th Street on September 9, 1970, pre- sented and read. Councilman Bit- ter moved that the notice of claim be referred to the City Solicitor for proper action and report. Sec- onded by Mayor Meyers. Carried by the foUowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Notice of claim of David V. Har- din, in the amount of $74.93, for car damage incurred as the result of a dead elm tree limb falling on his car at 652 Needham Place on September 8, 1970, presented and ¡read. Councilman Bitter moved that the notice of claim be re- ferred to the City Solicitor for proper action and report. Second- ed by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. SI-70 An Ordinance Amending and Changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change Lots 8, 9, and 10 of Block 1, and Lots 8, 9, and 10 Block 2 in Westchester Subdivision, from "Multiple Family Residence Dis- trict Classification to "Local Business "8" District Classifica. lion, presented and read. ...... .... COuncilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Bitter. Carried by the foUow. ing vote: Yea. - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays-None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Couchman moved that a hearing be held on the Or- dinance on November 2, 1970, at 7:30 P.M. in the Council Chamber at the City HaU and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Bitter. Carried by the foUowing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. S2.70 An Ordinance Amending Article IV, Section 2 (I) of the Zoning Ordinance of the City of Du- buque, Iowa to include Lot 2 of Lot 2 of Lot 2 of Out Lot 670, and located in a Multiple Family District, to permit a parking lot on said property in addi'ion to the other uses permitted In the Multiple Family Residence Dis- trict, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of tbe Or- dinance. Seconded by Councllman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. bauer, Pregler. Nays-None. Councilman Coucbman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Councilman Bitter. Carried by the foUowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Councilman Couchman moved that a hearing be held on the Or. dinance on November 2, 1970, at 7:30 P.M. in the Council Chamber at tbe City Hall and that the City 428 Special Session, September 28, 1970 town Traffic Signal and Street Lighting Project on Locust Fourth Fifth and Ninth Streets, presented and read. Mayor Meyers moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. September 25, 1970 To The Honorable Mayor and City Council Pursuant to your instructions sealed bids were received untii 10:00 a.m., Friday, September 25, 1970, for the improvement of the 1970 Downtown Traffic Signal and Street Lighting Project. The low bid was submitted by the Paulson Electric Company of Dubuque, Iowa. Their bid was 30.6% below the Engineer's esti- mate. I recommend that the contract for the improvement be awarded to the Paulson Electric Company. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Se- conded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Coucbman, Molden. bauer, Pregler. Nays - None. (Awarding Contract) RESOLUTION NO. 321.70 WHEREAS, sealed proposals have been submitted by contrac- tors for tbe 1970 Downtown Traf. fic Signal and Street Lighting Pro- ject pursuant to Resolution No. 312-70 and notice to bidders pub- lished in a newspaper published in said City on September 9, 1970 and September 16, 1970; and WHEREAS, said sealed propos- als were opened and read on Sep- tember 25, 1970, and it has been determined that the bid of Paul- son Electric Company of Dubuque, Iowa in the amount of $'16,432.76 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Petition of Merlyn Atkinson et al (12 signers) requesting the in- stallation of sidewalks on Keokuk Street, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the Manager and Engineer for investigation and report. Seconded by Councilman Bitter. Carried by the following I vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the publisher, of notice of receipt of bids for Fire Apparatus, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. September, 28, 1970 To the Honorable Mayor and City Council Attached is a letter from Fire Chief Dunphy listing the bids re- ceived on a 1250 G.P.M. pumping Engine and recommending the ac- ceptance of the low bid of the General Safety Equipment Corpo- ration. I concur in this recommen. dation, Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the recommendation. Seeonded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by the publisher, of notice to Con. tractors of the receipt of proposals for the construction of the Down- Special Session, September 28, 1970 429 BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Paulson Electric Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 28th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter COuncilmen Attest: Leo F. Frommelt City Clerk COuncllman Pregler moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. September 24, 1970 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1969 Bituminous Concrete Paving Project No.1 has been completed in accordance with the City of Dubuque plans and specifications. 1, therefore, recommend the ac- ceptance of the above named project. Respectfully submitted, Gilbert D. Cbavenel1e City Manager Mayor Meyers moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Final Estimate RESOLUTION No. 322.70 WHEREAS, tbe contract for the CITY OF DUBUQUE 1969 BITU- MINOUS CONCRETE PAVING PROJECT No.1 has been complet- ed and the City Engineer has ""b- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesroent and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $97,393.99. That $30,991.48 of the cost there- of shall be assessable upon private property and $66,402.51 shall be paid from the 2002-0406 8,430.03, 2002-0406 820.02, 0302-0505 57,152. 46 Funds of the City of Dubuque. Passed, adopted and approved this 28th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenbauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION No. 323-70 WHEREAS, the contract for the CITY OF DUBUQUE 1969 BITU- MINOUS CONCRETE PAVING PROJECT No.1 has been complet- ed and the City Manager hu e- mined the work and filed his cer. tificate stating that tbe same has been completed according. to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the IIIIII!!M!. liIlIM'.' I 1111111'11.': 430 Special Session, September 28, 1970 city Manager be approved and that said improvement be and the same is bereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule, I showing the lots or parcels of real estate subject to assessment for said improvement and file the same in tbe office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street Improvement bonds issued upon the above described Improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved tbis 28tb day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the fol1owing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- bauer, Pregler. Nays-None. RESOLUTION NO. 324-70 WHEREAS, on March 3, 1969, the City Council of the City of Du- buque, Iowa passed, adopted and approved Resolution No. 50-69 cov- ering the sale of the following de- scribed real estate: Lot 1 of Lot 1, Block 5 "River Front Subdivision No.3" in the City of Dubuque, Iowa, contain- ing approximatelY 10.175 acres more or less, subject to ease- ments reserved for utilities pur- poses, same being reserved unto the City of Dubuque, Iowa, and except easement "A" for rail- road purposes title to which shall remain in City of Dubuque, and, WHEREAS, the City Council of the City of Dubuque adopted Res- olution No. 84-69 authorizing and approving sale and conveyance of said real estate to Commodity Warehousing Corporation of Chi- cago, lllinois for the sale price of $5,000.00 per acre and down pay- ment of $5,000.00 was received and acknowledged by the City of Dubuque, Iowa and wbich Reso- lution was adopted April 7, 1969, and WHEREAS, Commodity Ware- housing Corporation of Chicago, Illinois has neglected and refused to commence the proposed im. provements on said real estate de- spite repeated requests for same; NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That any and all agreements heretofore entered In- to by and between the City of Du- buque, Iowa and Commodity Ware- housing Corporation of Chicago, Dlinois relating to the real estate bereinabove described, be and the same are hereby cancelled and of no further force and effect and the down payment of $5,000.00 be and the same is hereby forfeited as liquidated damages and not as a penalty. Section 2. That the first right of refusal granted to Commodity Warehousing Corporation of Chi- cago, illinois to purchase Lot I of Block 12 "River Front Subdivision No.3" and Block 13 of "River Front Subdivision No.3" in the City of Dubuque, Iowa, be and the same is herewith cancelled, de- clared naught, and of no further force or effect. Section 3. That the action of the City Council is taken pursuant and according to tbe direction of tbe Dubuque Industrial Bureau and the Mayor's Industrial Committee. Section 4. That the City Clerk be and he is hereby authorized and directed to file a certified copy of tbis Resolution in the of- fice of tbe Recorder of Dubuque County, Iowa. Special Session, September 28, 1970 Passed, approved and adopted this 28th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M- Couchman Joseph J. Bitter Councilmen 431 Attest; Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Meyers, Coun" cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Pregler. Carried by the following vote; Yeas - Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays-None. Leo F. Frommelt City Clerk Approved """""""""""""""""" 1970 Adopted 1970 """""""""""""""""""""""""""" """""""""""""""""""""""""""" """""""""""""""""""""""""""" ........................................................ """"""""'c~;;;;cli;;;~;;-"""""""'" ............................ Attest: """"'ë¡ï;'ci~rk -- --- ---