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Y Roll_35 Part 08Special Session February 26, 1968 83 AGREEMENT This AGREEMENT made and en- tered into this 13th day of Feb- ruary, 1968, by and between PER- FECTION OIL COMPANY, an Iowa Corporation, having its prin- cipal place of business in Dubuque, Iowa, Party of the First Part, and hereinafter called "Perfection," and CITY OF DUBUQUE, IOWA, an Iowa Municipal Corporation, party of the Second Part, and hereinafter called the "City' WITNESSETH: WHEREAS, Perfection has this day executed and delivered to the City the following: Flood Control Easement Deed— Brown 3 Flood Control Easement Deed— Brown 3-A Flood Control Easement Deed -- Blue 39 Temporary Flood Control Ease- ment Deed—Blue 21 Flood Control Easement Deed— Special Temporary Easement —Green all incident to the construction, maintenance, repair, operation, pa- trol and replacement of a proposed flood protection levee system and/ or a flood protection wall along the Mississippi River in Dubuque, Iowa, copies of which easements are attached hereto; and WHEREAS, the execution and delivery of said Easement Deeds are in consideration of and up- on certain express undertakings, agreements and conditions upon the part of the City which the Parties desire to reduce to writ- ing; NOW, THEREFORE, It is agreed by and between Perfection and the City as follows: 1. The general location of the easement areas is as shown on Right-of-way Drawing prepared by Corps of Engineers, U. S. Army, Drawing No. 12 -FC -1, last revised January 2, 1968; construction of the flood protection levee and all auxiliary services and all appur- tenances thereto will be in gen- eral emeral accordance with and pursuant to advance construction drawing of Corps of Engineers, U. S. Army, Drawing No. DLP 1.16/1 received by City of Dubuque under date Of February 8, 1968. 2. The consideration to be paid by the City to Perfection in ex- change for said Easement Deeds and the rights granted hereunder shall be in the sum of $32,000.00, which sum is allocated by the parties hereto as follows: Taking of Land for Easement ..................$29,000.00 Consequential Damage for Severance .......... 3,000.00 Total ..................$32,000.00 3. Lime Street, as shown on the official records of the City of Dubuque immediately north of Kimball Street is presently a plat- ted street. The City contemplates the vacation of Lime Street, north of Kimball, which vacated Lime Street will be subdivided into Lot 1 and Lot 2. Perfection hereby waives any objection to the pro- posed vacation of Lime Street by the City of Dubuque and eonSenta to the conveyance by the City of Dubuque of Lot 1 of vacated Lime Street to Dubuque Stone Products Company and agrees to accept without objection, the conveyance by the City of Dubuque to Perfec- tion Oil Company of Lot 2 of Va- cated Lime Street. Conveyance by the City to Perfection of Lot 2 of Vacated Lime Street shall be subject to the Railroad Easement and the temporary right-of-way easement for access purposes. A copy of the proposed plat of sub, division of Vacated Lime Street is attached hereto for reference. 4. The City of Dubuque has heretofore vacated the easterly portion of Kimball Street in the City of Dubuque, now known as Lot 5A of McCraney's Eagle Point or Town of Eagle Point. The City claim agrees to convey by quit deed said Lot 5A to Perfection, subject to existing utilities in place, and subject to flood pro- tection levee easements and sub- ject to roadway easement. 5. The City contemplates the vacation of Kimball Street lying immediately west of said Lot 5A in McCraney's Eagle Point to a point approximately 25 feet east- erly ofthe center line of the Chicago, Milwaukee, St. Paul & Pacific Railway right-of-way line. Such vacated portion of Kimball Street is to be known and iden- 84 Special Session February 26, 1968 tified as I,ot 16A of McCraney's Eagle Point or Town of Eagle Point. A copy of the proposed plat of vacation of Kimball Street is attached hereto, showing said Lot 16A. City agrees to convey said Lot 16A to Perfection Oil Com- pany subject to existing utilities in place, including catch basis for storm water. 6. The City has previously vacat- ed Main (Front) Street between Kimball and Lincoln Streets and identified said vacated streets as Lot IA and Lot 4A, McCraney's Eagle Point. The City covenants and agrees to convey by quit claim deed to Perfection said I,ot 4A of McCraney's Eagle Point, sub- ject to existing utilities, if any. in place, and subject to reserved easement with respect thereto, if there be any in place, and subject to flood protection levee ease- ments and subject to roadway easements on easterly 30 feet of said Lot 4A. 7. Attached hereto is copy of plat showing plat of Lot 2 of 17, Lot 2 of 16 and Lot 17A, being that part of the vacated alley be. tween Kimball Street and the South property line of the North 'fie of Lot 18, except that portion of said alley lying within the Milwaukee Railroad right-of-way, all in Mecraney's Eagle Point or Town of Eagle Point. The City covenants and agrees to vacate the portion of the alley shown in the area outlined in red on the attached plat and to convey such vacated portion of the alley to- gether with Lot 2 of 17 and Lot 2 Of 16 to Perfection Oil Company, subject to reserved right to main- tain, replace and install water main, catch basin and storm sewer lines and easement reserved there. for, and subject to existing tele. phone and power lines and sub- ject to temporary easement for access road and subject to tem- porary flood control easement for railroad right-of-way. 8. The City is the owner of Lot 2 of Lot 3 of Boatyard Addition, City of Dubuque, Iowa. The City covenants and agrees to convey to Perfection by Quit Claim Deed said Lot 2 of I,ot 3 of Boatyard Addition, subject to floodwall ease. ment and roadway easement as shown on Corps of Engineer, U. S. Army Drawing No. 12 -FC -1, last revised January 2, 1966, described as right-of-way map. 9. With respect to said Lot 2 of Lot 3 of Boatyard Addition, to be conveyed by the City to Perfec- tion, the City will cause to be graded such property to a level not less than three feet higher than the existing grade of the property immediately south of said Lot 2 of Lot 3. The grade of the property immediately south of said Lot 2 of Lot 3 at the present time is approximately 606. 10. With respect to the prop- erty now owned by Perfection and which is to be acquired by Perfec- tion pursuant to the terms of this Agreement, and notwithstanding the grant of easements to the City for roadway and levee purposes, Perfection reserves the right to use the easement areas for its purposes, provided that such uses do not unreasonably interfere with the construction, maintenance, op- eration, patrol, repair, replacement or integrity of the flood protec- tion levee and subject to such specifications and conditions as may be established by the City and the Corps of Engineers, U. S. Army prior to such use by Perfection. 11. As shown on Right-of-way Map, Drawing No. 12 -FC -1, there is located within the easement area a boxcar on the premises of Perfection. Perfection agrees to move such boxcar outside the easement area prior to June 15, 1968. 12. Located within the easement area for temporary easement for access road and temporary ease- ment for railroad purposes, there is located a frame warehouse building. Prior to June 15, 1968, Perfection agrees to remove the contents of such building at its expense and the City thereupon agrees to cause such building to be removed and cleared from the premises and demolished at the expense of the City. 13. City agrees to full indemnify and hold Perfection harmless from all claims, loss, liability and ex- penses for injuries to third per- j sons or damages to property of third persons or for damage to any property of Perfection which may occur during the construction j !i i { F Special Session Febnjary 26, 19613 85 of the proposed flood protection levee and its auxiliary facilities caused by the City, Corps of En- gineers, U. S. Army or any con- traeor working under the City or said Corps of Engineers. 14. This .Agreement has been negotiated and agreed upon be- tween the parties after the City gave notice to Perfection that the City was required to obtain the aforesaid easements incident to the construction, maintenance and operation of the proposed flood protection wall and/or flood pro- tection levee along the westerly shore of the Mississippi River and if the parties could not agree upon the terms and conditions of the easements, the City of Dubuque would require such easements by condemnation under eminent do- main proceedings. 15. Perfection shall hold the City harmless from any claim for damages arising out of drainage of surface waters from Perfection property now owned or acquired from the City hereunder, the grade of which is or may be changed or affected by Perfection. 16. In the event of any conflict between the terms of this Agree- ment and the said Easements Deeds. the provisions of t h i s Agreement shall prevail. 17. This Agreement shall be binding upon and inure to the benefit of the successors and as- signs of the respective parties. IN WITNF,SS WHEREOF the parties have affixed their signa- ture by their duly authorized of- ficers the day and year first above written. PERFECTION OIL COMPANY By Mrs. Rita M. Kretz Ernest J. Kretz CITY OF DUBUQUE, IOWA Sylvester McCauley Mayor Leo F. Frommelt City Clerk State of Iowa 1 County of Dubuque ( ss: On this 13 day of February, 1968, before mc, the undersigned. a Notary Public in and for said County, in said State, personally appeared Mrs. Rita M. Kretz and Ernest J. Kretz to mc: personally known, who being by me duly sworn, did say that they are the President and Secretary, respec- tively, of said corporation execut- ing the within and foregoing in- strument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Mrs. Rita M. Kretz and Ernest J. Kretz as such officers acknowledged the execution of said instrument to be the vol- untary act and deed of said cor- poration. by it and by them vol- untarily executed. F. J. O'Connor Notary Public In and for Dubuque County, State of Iowa State of Iowat County of Dubuque ( ss: On this 13th day of February, 1968, before me, the undersigned, a Notary Public in and for the County of Dubuque, State of Iowa, personally appeared Sylvester Mc- Cauley and I.,eo F. Frommelt to me personally known, who, being duly sworn, did say that the said Sylvester McCauley is Mayor, and the said I.eo F. Frommelt is Clerk of the City of Dubuque, Iowa, and the seal affixed to the above in- strument is the corporate seal of the City of Dubuque, Iowa, that said instrument was signed and sealed on behalf of said City of Dubuque, Iowa, by authority of the City Council of said City, and the said Sylvester McCauley and I.eo F. Frommelt acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, vol- untarily done and executed. (Romolo N. Russo) Notary Public In and for Dubuque County, State of Iowa RESOLUTION NO. 57.65 WHEREAS, Thomas J. Manter. nach and Cecilia M. Manternach, as owners of certain real estate have granted to City of Dubuque, Iowa, a temporary easement to borrow therefrom soil and dirt for fill purposes in accordance with the conditions set out in Grant of Easement, marked Ex. Special Session February 26, 1968 hibit "B" attached to the said easement grant. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque. Iowa: Section 1. That delivery of grant of temporary easement to City of Dubuque, Iowa, for the purpose to borrow from the real estate which is described as follows: The south west Vi of the north west /a of Section 12, Township 89 North, Range 2 East of 5th P.M., in Dubuque County, Iowa, as shown on the attached Plat, marked Exhibit "A" and by ref- erence made a part hereof as shown on copy of the Easement Deed attached hereto, be and the same is hereby ac- cepted and the conditions of said grant attached thereto, marked Exhibit "B" be and the same are hereby ratified and approved. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution together with said easement deed and said Ex- hibit "B" attached thereto in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of February, A.D., 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS, that Thomas J. Man- ternach and Cecilia M. Manter- nach, husband and wife of Du- buque, Iowa, in consideration of the sum of One ($1.o0) Dollar and other good and valuable consid- eration in hand paid by the City of Dubuque, Iowa., do hereby grant, bargain, sell and convey un- to CITY OF DUBUQUE, IOWA, and its assigns, a temporary and assignable easement and right -of. way, license and permit in, on, over and across and to the real estate hereinafter described for the purpose of entering thereon to borrow, excavate and remove soil or dirt for fill purposes there. from, including the right to clear out, fell and remove and dispose of timber, trees, underbrush and obstructions therefrom. Said real estate is described as follows: The south west Y4 of the north west la of Section 12, Township 89 North, Range 2 East of 5th P.M., in Dubuque County, Iowa, as shown on the attached Plat, marked Exhibit "A" and by ref- erence made a part hereof. The aforesaid grant includes an assignable right of entry whereby the CITY OF DUBUQUE, IOWA, can grant to the UNITED STATES OF AMERICA, and its contractors permission to enter upon the land hereinabove described for the pur- pose of performing the proposed work or any part of the proposed work within the period of the grant, which assignable right of entry shall be without limitation whatsoever except that any exer- cise or re -exercise be within the period of the grant. Said rights, privileges and ease- ments are conveyed subject to ex- isting easements for public roads, and highways, public utilities, rail- roads and pipe lines. And that Thomas J. Manternach and Cecilia M. Manternach, do hereby covenant with the City of Dubuque, Iowa, that they hold said premises by good and perfect title; that they are free of encum- brances; that they have good right and lawful authority to sell and convey the same; and that the said Thomas J. Manternach and Cecilia M. Manternach do hereby covenant to warrant and defend the title to the said premises against the law- ful claims of all persons whomso- ever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the interest in the above Special Session February 28, 1968 87 described premises herein con- veyed The conditions of this grant, in addition to the foregoing, are set out in Exhibit "B" attached here- to and by reference made a part hereof as though fully set out herein. Dated this 14th day of Febru- ary, 1968• Thomas J. Manternach Cecilia M. Manternach State of Iowa 1 ss; County of Dubuque 1 On this 14 day of February, 1968, a Notary Public in and for said County, personally appeared Thomas J. Manternach and Cecilia M. Manternach, to be known to be the persons named in and who executed the foregoing instrument, and acknowledged them that they executed the same as their volun- tary act and deed and voluntarily executed the same. Chas. A. Kintzinger Notary Public in and for said County CONSENT FOR AND IN CON- SIDERATION o One Dollar ($1.00) and other good and valuable con- sideration receipt whereof is here- with acknowledged by the First National Bank of Dubuque, Iowa, and herewith consents and agrees to the Grant of Temporary Ease- ment to the City of Dubuque, Iowa for the purpose of borrowing or removing soil or dirt from the Premises described in said grant owned by Thomas J. Manternach and Cecilia M. Manternach and which real estate is security for a mortgage held by The First Na- tional Bank of Dubuque, Iowa, dated May 2, 1967, to secure Twen- ty -Five Thousand ($25,000.00) Dol- lars which real estate mortgage is filed in Book 293, Page 185 of Dubuque County Records. THE FIRST NATIONAL BANK OF DUBUQUE, IOWA BY P. J. Gish By Daniel E. Welu State of Iowa County of Dubuque } es: On this l5th day of February, A.D. 1968, before me, Jeanne Sin - bold, a Notary Public of Iowa in and for Dubuque County, person. ally appeared Paul J. Gisch and Daniel E Welu to me personally known, who, being by me duly sworn, did say that they are Vice President and Assistant Vice Presi- dent respectively of the First Na- tional Bank of Dubuque, Iowa, a national banking association with place of business in Dubuque, Iowa, and that the seal affixed to said instrument is the corporate seal of said banking association, and that said instrument was signed and sealed in behalf of said asso- ciation by authority of its Board of Directors, and the said Paul J. Gisch was such Vice President and the said Daniel E. Welu as such Assistant Vice President acknowl- edged the execution of said instru- ment to be the voluntary act and deed of said association by it and each of them voluntarily executed. (Jeanne Sinbold) Notary Public in and for said County. My commission expires July 4, 1969, RESOLUTION NO. 58-M WHEREAS, on the 15th day of February, 1968, the City of Du- buque, Iowa, and Illinois Central Railroad Company entered into a written agreement, which among other things, provided for the ac- quisition of certain easements from Illinois Central Railroad Company and which easements have been acquired in connection with the Dubuque Flood Control Project; and WHEREAS, the Mayor and City Clerk have executed said agree- ment for and on behalf of the City of Dubuque, Iowa, a copy of which agreement is hereto attached marked Exhibit "A" and by refer- ence made a part hereof and the same should be ratified and ap- proved by the City Council; and WHEREAS, the Chicago, Milwau- kee, St. Paul & Pacific Railroad Company have certain operating rights in the real estate in which the City of Dubuque, Iowa, ac- quired certain easements from the Illinois Central Railroad Company and on the 16th day of February, 1968, the Chicago, Milwaukee, St. Paul & Pacific Railroad Company consented in writing to the grant of easements and to the terms and conditions of agreement entered in- to by and between Illinois Central Special Session February 26, 1988 Railroad Company and City of Du- buque, Iowa. bearing date of Feb- ruary 15, 1968; and WHEREAS, on the said 16th day of February 1968, the Mayor and City Clerk executed the acceptance of the consent of the Chicago, Mil- waukee, St. Paul & Pacific Rail. road Company for and on behalf of the City of Dubuque, Iowa, which consent should be ratified and approved by the City Council. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement entered into by and between City of Dubuque, Iowa and Illinois Central Railroad Company bearing date of February 15, 1968 cover- ing the terms of agreement by and between the City of Dubuque and Illinois Central Railroad Company pertaining to the acquisition of certain easements and providing for certain obligations to be per- formed by the City of Dubuque in accordance with said agreement and all of which terms and pro- visions in said agreement have been negotiated in connection with the Dubuque Flood Control Pro- ject be and the same are hereby approved, ratified and confirmed and the execution thereof for and on behalf of the City of Dubuque, Iowa, by its Mayor and City Clerk be and the same is hereby ratified and confirmed. Section 2. That the consent by the Chicago, Milwaukee, St. Paul & Pacific Railroad Company to the terms and provisions of the agree- ment by and between the City of Dubuque and Illinois Central Rail. road Company dated February 15, 1968, which consent was executed on the 16th day of February, 1968, is hereby approved, ratified and confirmed and the execution of the acceptance of said consent by the Mayor and the City Clerk under date of February 16, 1968 be and the same is hereby rati- fied, approved and confirmed. Section 3. That the grants of easements to City of Dubuque, Iowa for said flood protection protection levee system and neves. sary appurtenances be and the same are hereby accepted. Section 4. That the City Clerk he and he is hereby authorized and directed to forward a certified copy of this Resolution to Illinois Central Railroad Company and to cause a copy of said agreement to. gether with a certified copy of this Resolution to be recorded in the office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of," Syly Wal Mer. Don, Gay) Attest: Leo F. Fromm City Clerk Councilman Me. tion of the resolut Councilman Coucl the following vote Yeas—Mayor M men Couchman, Schultz. Nays—None. RESOLUTIOP WHEREAS, WAUKEE, ST. PA' IC RAILROAD CO after referred to a road" and City of entered into a wr for easement beari ruary 21, 1968, w have been grantee road to the City connection with Flood Control Proj WHEREAS, the I Clerk have execut ment for and on be. of Dubuque, Iowa; WHEREAS, said been examined by cil of the City of I and same is approo NOW THEREFOR SOLVED BY THE C OF THE CITY Or Vk)DUWLIZ, IOWA: Section 1. That the agreement by and between CHICAGO, MIG WAUKEE, ST. PAUL AND PACIF- IC RAILROAD COMPANY, and CITY OF DUBUQUE, IOWA, dated February 21, 1968, a copy of which, marked Exhibit "A,' is hereto attached and by reference made a Special Session February 26, 1968 89 part hereof covering necessary easements acquired by the City from said Railroad in connection with the Dubuque Flood Project be and the same is hereby ap- proved and confirmed. Section 2. That the execution of said agreement by the Mayor and City Clerk be and the same is hereby approved, ratified and con - idop- A by I by incil- gler. and have per - the ^ina. con- Du - and ;ere - "A„ I of san- City RE- huLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement entered into by and between the City of Dubuque and the Midtown Marina, bearing date of February 12, 1968, and executed on behalf Of the City of Dubuque by its City Manager, Gilbert D. Chave- nolle, be and the same is hereby approved, confirmed and ratified. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 61.68 WHEREAS, a plat of vacated Lime Street dated February 13, 168, prepared by John L. White, licensed professional engineer and land surveyor, subdividing said Lime Street into Lots 1 and 2 of vacated Lime Street in Boatyard Addition in the City of Dubuque, Iowa, has been examined by the City Council of City of Dubuque, Iowa; and WHEREAS. said plat conforms to laws of the State of Iowa and ordinances of the City of Dubuque governing the subdivision of real estate in the City of Dubuque, Iowa. NOW THEREFORE Be It Re. solved by the City Council of the City of Dubuque, Iowa: Section 1. That the plat subdi- viding vacated Lime Street into Lot 1 and Lot 2 of vacated Lime Street in Boatyard Addition in the City of Dubuque, Iowa, which plat bears date of February 13, 1968, and which was prepared by John L. White, licensed professional en- gineer and land surveyor, be and the same is hereby approved. 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. That the City Clerk be and he is hereby authorized and directed to cause said plat to be filed in the office of the record- Clerk d and t t said the >uque roved 168. ley tz rs nurn nen idop- A by I by incil- gler. and have per - the ^ina. con- Du - and ;ere - "A„ I of san- City RE- huLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement entered into by and between the City of Dubuque and the Midtown Marina, bearing date of February 12, 1968, and executed on behalf Of the City of Dubuque by its City Manager, Gilbert D. Chave- nolle, be and the same is hereby approved, confirmed and ratified. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 61.68 WHEREAS, a plat of vacated Lime Street dated February 13, 168, prepared by John L. White, licensed professional engineer and land surveyor, subdividing said Lime Street into Lots 1 and 2 of vacated Lime Street in Boatyard Addition in the City of Dubuque, Iowa, has been examined by the City Council of City of Dubuque, Iowa; and WHEREAS. said plat conforms to laws of the State of Iowa and ordinances of the City of Dubuque governing the subdivision of real estate in the City of Dubuque, Iowa. NOW THEREFORE Be It Re. solved by the City Council of the City of Dubuque, Iowa: Section 1. That the plat subdi- viding vacated Lime Street into Lot 1 and Lot 2 of vacated Lime Street in Boatyard Addition in the City of Dubuque, Iowa, which plat bears date of February 13, 1968, and which was prepared by John L. White, licensed professional en- gineer and land surveyor, be and the same is hereby approved. 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. That the City Clerk be and he is hereby authorized and directed to cause said plat to be filed in the office of the record- 88 Special Session February 26, 1968 Railroad Company and City of Du- buque, Iowa, bearing date of Feb- ruary 15, 1968; and WHEREAS, on the said 16th day of February 1968, the Mayor and City Clerk executed the acceptance of the consent of the Chicago, Mil- waukee, St. Paul & Pacific Rail- road Company for and on behalf of the City of Dubuque, Iowa, which consent should be ratified and approved by the City Council. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement entered into by and between City of Dubuque, Iowa and Illinois Central Railroad Company bearing date of February 15, 1968 cover- ing the terms of agreement by and between the City of Dubuque and Illinois Central Railroad Company pertaining to the acquisition of certain easements and providing for certain obligations to be per- formed by the City of Dubuque in accordance with said agreement and all of which terms and pro- visions in said agreement have been negotiated in connection with the Dubuque Flood Control Pro- ject be and the same are hereby approved, ratified and confirmed and the execution thereof for and on behalf of the City of Dubuque, Iowa, by its Mayor and City Clerk be and the same is hereby ratified and confirmed. Section 2. That the consent by the Chicago, Milwaukee, St. Paul & Pacific Railroad Company to the terms and provisions of the agree- ment by and between the City of Dubuque and Illinois Central Rail- road Company dated February 15, 1968, which consent was executed on the 16th day of February, 1968, is hereby approved, ratified and confirmed and the execution of the acceptance of said consent by the Mayor and the City Clerk under date of February 16, 1968 be and the same is hereby rati- fied, approved and confirmed. Section 3. That the grants of easements to City of Dubuque, Iowa for said flood protection protection levee system and neces- sary appurtenances be and the same are hereby accepted. Section 4. That the City Clerk be and he is hereby authorized and directed to forward a certified copy of this Resolution to Illinois Central Railroad Company and to cause a copy of said agreement to- gether with a certified copy of this Resolution to be recorded in the office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 59-68 W 11 E R E A S, CHICAGO, MIL- WAUKEE, ST. PAUL AND PACIF- IC RAILROAD COMPANY, herein- after referred to and called "Rail- road" and City of Dubuque, have entered into a written agreement for easement bearing date of Feb- ruary 21, 1968, which easements have been granted by said Rail- road to the City of Dubuque in connection with the Dubuque Flood Control Project; and WHEREAS, the Mayor and City Clerk have executed said agree- ment for and on behalf of the City of Dubuque, Iowa; and WHEREAS, said agreement has been examined by the City Coun- cil of the City of Dubuque, Iowa, and same is approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement by and between CHICAGO, MIL WAUKEE, ST. PAUL AND PACIF- IC RAILROAD COMPANY, and CITY OF DUBUQUE, IOWA, dated February 21, 1968, a copy of which, marked Exhibit "A" is hereto attached and by reference made a Special Session February 26, 1968 89 part hereof covering necessary easements acquired by the City from said Railroad in connection with the Dubuque Flood Project be and the same is hereby ap. proved and confirmed. Section 2. That the execution of said agreement by the Mayor and City Clerk be and the same is hereby approved, ratified and con. firmed. Section 3. That the City Clerk be and he is hereby authorized and directed to record a copy of said agreement in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 60-68 WHEREAS, Midtown Marina and City of Dubuque, Iowa, have entered into an agreement per- taining to the relocation of the existing docks of said Marina, among other things, all in con- nection with the contemplated Du- buque Flood Control Project and copy of which agreement is here- to attached, marked Exhibit "A" was executed on the 12th day of February, 1968, by the City Man- ager for and on behalf of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the agreement entered into by and between the City of Dubuque and the Midtowr Marina, bearing date of February 12, 1968, and executed on behalf of the City of Dubuque by it: City Manager, Gilbert D. Chave ielle, be and the same is hereby ipproved, confirmed and ratified. Passed, adopted and approved his 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 61.68 WHEREAS, a plat of vacated Lime Street dated February 13, 1968, prepared by John L. White, licensed professional engineer and land surveyor, subdividing said Lime Street into Lots 1 and 2 of vacated Lime Street in Boatyard Addition in the City of Dubuque, Iowa, has been examined by the City Council of City of Dubuque, Iowa; and WHEREAS, said plat conforms to laws of the State of Iowa and ordinances of the City of Dubuque governing the subdivision of real estate in the City of Dubuque, Iowa. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the plat subdi- viding vacated Lime Street into Lot 1 and Lot 2 of vacated Lime Street in Boatyard Addition in the City of Dubuque, Iowa, which plat bears date of February 13, 1988, and which was prepared by John L. White, licensed professional en- gineer and land surveyor, be and the same is hereby approved. 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. That the City Clerk be and he is hereby authorised and directed to cause said plat to be filed in the office of the record- 90 Special Session February 26, 1968 er in and for the County of Du- buque, Iowa. Passed, adopted and approved this 26th day of February. 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vole: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 62.68 WHEREAS, there being present- ed to the City Council of the City of Dubuque, Iowa, a plat of vacated Kimball Street from the west property line of Lot 5A of McCraney's Eagle Point or Town of Eagle Point to the easterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad which is twenty-five feet easterly of the main track of the Chicago, Milwaukee, St.. Paul & Pacific Railroad Company and par- allel thereto, which plat is dated February 13, 1968, and prepared by John L. White, licensed profes- sional engineer and land surveyor; and WHEREAS, the City Council of the City of Dubuque, Iowa, has ex- amined said plat and finds that same conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, Iowa, gov. erning the subdivision of lots in the City of Dubuque, Iowa, and the platting thereof. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of va- cated Kimball Street from the west property line of Lot 5A of McCraney's Eagle Point or Town of Eagle Point to the easterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad which is twenty-five feet easterly of the main track of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company and par- allel thereto, bearing date of February 13, 1988, and prepared by John L. White, licensed profes- sional engineer and land surveyor be and the same is hereby approv- ed. 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. That the City Clerk be and he is hereby authorized and directed to record said plat in the office of the recorder in and for Dubuque County, Iowa. Passed. adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 63.68 WHEREAS, there being pre- sented to the City Council of the City of Dubuque, Iowa, a plat of Lot 2 of Lot 17, Lot 2 of Lot 18, and Lot 17A being that part of the vacated alley between Kimball Street and the south property line of the North one-half of Lot 18, except that portion of the said alley lying between the Chicago, Milwaukee, St. Paul & Pacific Rail- road right-of-way, all in McCra- ney's Eagle Point or Town of Eagle Point, which plat is dated Febru- ary 13, 1968, and prepared by John L. White, licensed professional engineer and land surveyor; and WHEREAS, the City Council of City of Dubuque, Iowa, has exam- ined said plat and finds that same conforms to the laws of the State of Iowa and city ordinances per. taining to the subdivision of lots. Special Session February 26, 1968 91 NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the plat of Lot 2 of Lot 17, Lot 2 of Lot 16, and Lot 17A in McCraney's Eagle Point or Town of Eagle Point in the City of Dubuque, Iowa, dated February 13, 1968, and prepared by John L. White, licensed professional engin- eer and land surveyor, be and the same is hereby approved. 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. That the City Clerk be and he is hereby authorized and directed to record said plat in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 6468 WHEREAS, the City of Dubuque, Iowa, has negotiated with Andrew G. Frommelt, et al, owners of cer- tain real estate hereinafter de- scribed, in order that the City acquire a temporary and assign- able easement for a borrow area for the use by the City of Dubu- que, Iowa in connection with its Flood Control Project; and WHEREAS, Andrew G. From - melt, et al, have delivered tem- porary easement to the City of Dubuque, dated February 17, 1968, a copy of which marked Exhibit 'A" is hereto attached, and Mem- 3randum of Agreement affixed thereto, which Memorandum of Agreement has been entered into between Andrew G. Frommelt, et a1, and Gilbert D. Chavenelle, City Manager, for and on behalf of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the grant of temporary easement by Andrew G. Frommelt, et al, to the City of Dubuque, Iowa, dated February 17, 1968, covering the following de- scribed real estate be and the same is hereby accepted and the Memorandum of Agreement by and between the City of Dubuque, Iowa, and Andrew G. Frommelt, et al, be and the same is hereby approved and confirmed, which real estate is described as follows: Lot 2 of Lot 1 of the north west 1/4 of the south east Y4, EX- CEPT the portion thereof Con- demned by the State of Iowa, in Book of Lands #59, page 11, et seq., records of Dubuque County, Iowa; Lot 5 of Lot 3 of the west half of north east IYi; Lot 3, and Lot 1 of Lot 2 of the south east 3/4 of northeast Y4; all in Section 11, Township 89 North, Range 2 East of 5th P.M., in Dubuque County, Iowa, according to the recorded Plats of said respec- tive Subdivisions; subject to easements granted Interstate Power Company, a Delaware cor- poration; and subject to ease. ment granted Northern Natural Gas Company, a corporation operating as Peoples Natural Gas Division; records of Dubuque County, Iowa. Section 2. That the execution of the Memorandum of Agreement by Gilbert D. Chavenelle, City Man- ager, for and on behalf of the City of Dubuque, Iowa, be and the same is hereby ratified and approved. Section 3. That the City Clerk be and he is hereby authorized and directed to affix the certificate of the City Clerk thereto and cause said temporary easement to be recorded in the office of the recorded in and for Dubuque County, Iowa. 92 Special Session February 26, 1968 Passed, approved and adopted this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 6568 WHEREAS, Mr. and Mrs. Ray- mond Foote by written petition to the City Council requested that they purchase Lot 33 in Bellevue Addition in the City of Dubuque, Iowa, which is owned by the City of Dubuque, Iowa, and agree to pay therefore the sum of One Hundred ($100.00) Dollars, includ- ing costs of publishing notice of sale; and WHEREAS, the Planning & Zoning Commission of the City of Dubuque, Iowa, has recommended the sale of said property as said real estate no longer serves any public purposes; and WHEREAS, the sale of Lot 33 in Bellevue Addition in the City of Dubuque, Iowa, to Mr. and Mrs. Raymond Foote should be ap- proved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of Lot 33 in Bellevue Addition in the City of Dubuque, Iowa, to Mr. and Mrs. Raymond Foote for the sum of One Hundred ($100.00) Dollars to. gether with costs of publication of notice of intent to dispose of inter. est in real estate and upon con. dition that conveyance be made by Quit Claim Deed and that no abstract of title be furnished be and the same is hereby approved. Section 2. That the City Clerk be and tie is hereby authorized and directed to cause notice to be pub. lished of intent to dispose of interest of real estate as is by law required. Passed, approved and adopted this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 66.68 Authorising the purchase of cer- tain Real Estate in the Down- town Urban Renewal Project, Iowa R•15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, there has been pre- pared on behalf of the City of Dubuque independent appraisals of certain parcels of real estate to be acquired for the project; and WHEREAS, the appraisals have been reviewed, recommended prices established, and the ap- praisals reports and certain sup- porting documentation submitted to the Department of Housing and Urban Development for their review; and WHEREAS, the City of Dubuque has received from the Department of housing and Urban Develop- ment concurred - in acquisition prices for certain parcels of real estate in the Project Area; now therefore, BE IT RESOLVED BY THE COUNCIL. OF THE CITY OF DLJ- BUQUE, IOWA: Section 1. That the City Man- ager be and he is hereby author- ized and directed to execute Agree• ments of Purchase and to do any Special Session February 26, 1968 93 and all things necessary and re- quisite including the affixing of the City Seal to certain instru- ments to purchase the following described parcels of real estate in accordance with the Downtown Urban Renewal Plan at their con- curred -in acquisition prices, at a total cost not to exceed $466.800. Parcel No. Legal Description 2. 3 South 30' of City Lot 32 4. 3 North one-half of City Lot 216 4. 8 South one-half of City Lot 249 8- 2 City Lot 24 10. 6 North 261" South 25'2" of City Lot 239 14-11 City Lot 186 15- 4 City Lots 93 and 94 15- 7 South Two -Thirds Subdivis- ion 2 of City Lot 67 15. 9 South two-thirds of City Lot 66 All located in the City of Dubuque, Dubuque County, State of Iowa. Passed, and adopted, and ap- proved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman. Meyers, Pregler. Nays --Councilman Schultz. RESOLUTION NO. 6748 WHEREAS, Richard C. Hen- schel and Mildred L. Henschel have delivered to City of Dubuque, Iowa, Warranty Deed covering; the following described real estate: Lot 6 of Lot 1 of "Mark Heights" in the City of Dubuque, Iowa: and Lot 6 of Lot 3 of "Mark Heights" in the: City of Dubuque, Iowa; and WHEREAS, delivery of said deed should be accepted by the City of Dubuque. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of War- ranty Deed by Richard C. Hen- schel and Mildred L. Henschel, husband and wife, conveying to the City of Dubuque the above described real estate be and the same is hereby accepted, which real estate is designated for street purposes and shall hereafter be and become part of Kelly Lane. Section 2. That the City Clerk be and he is hereby authorized and directed to record said Warranty Deed in the office of the Dubuque County Recorder. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. February 26, 1968 To the Honorable Mayor and City Council Gentlemen: I request you to pass a resolu- tion authorizing me on behalf of the City to make an application for State Disaster Assistance, to be granted in the form of an interest free loan. I also request that you pass a resolution authorizing me on be- half of the City to petition the State Appeal Board for permission to levy annually a one mill tax in order to pay back the State loan which is being applied for. The permission of the Board is re- quired under Section 24.6 of the Iowa Code. On February 15th, Lt. Col. Paul It. Abrisz, investigating officer for the Adjutant General, came to the City, reviewed our records and 94 Special Session February 26, 1968 instructed us as to the require- ments for making the loan applica- tion. I told the Colonel that I would certify to the State a 1967 disaster expense of $421,154.55. He was unable to tell how much of this amount would be accepted, nor the amount of the loan which would be granted. These depend upon the review of the Director of State Disaster Aid and the action of the Executive Council. The Colonel did say that our application would be forwarded to the Executive Council a day or two after he received it. It appears to me that only a part of the deficit in the 1967 emer- gency flood account ($385,471.77) will be financed by State loan. The balance will have to be by private financing. In support of this request I am enclosing the following: 1. Copy of SF 796 2. Summary, 1967 Flood Ex- pense 3. Details, 1967 Flood Expense 4. Estimate of Interest on Out- standing Warrants 5. Council Resolution 155-67 6. List of Outstanding Warrants Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 68.68 WHEREAS, the City of Dubuque, Iowa has expended some $421,- 000.00 during the flood emergency of 1967; and WHEREAS, the City of Dubuque, Iowa may apply for an interest- free loan from the State of Iowa as authorized by SF 796 (62nd G.A.); NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Gilbert D. Chay. enelle, City Manager, be and he is hereby authorized to execute for and in behalf of the City of Du- buque, Iowa, a public entity estab• lished under the laws of the State of Iowa, an application, and to file it in the appropriate State Office, for the purpose of obtaining State Disaster Aid provided by S.F. 796 (62nd G.A.). Passed and approved this 26th day of February 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vute: Yeas—Mayor McCauley. Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 69.68 WHEREAS, the City of Dubuque is making application to the State for an interest free loan under the State Disaster Act, SF 796 (62nd G.A.); and WHEREAS, according to SF 796 (62nd G.A.) it will be necessary to annually levy a one mill tax against the assessed value of the City of Dubuque until such loan is repaid; and WIiEREAS, Chapter 24, Section 24.6 of the Code of Iowa, 1966 stipulates that permission must be obtained from the State Appeal Board in order to levy a one mill tax for an emergency fund. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Gilbert D. Chav- enelle, City Manager, be and he is hereby authorized to execute for and in behalf of the City of Du- buque, Iowa, a public entity estab- lished under the laws of the State of Iowa, a petition requesting per- mission to levy a one mill tax and Special Session February 26, 1968 95 to file said petition with the State Appeal Board. Passed and approved this 26th day of February 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 70.68 WHEREAS, the owners of an area approximately 3.71% acres in size immediately adjoining the southerly City Limits of the City of Dubuque, Iowa have petitioned the City Council to be voluntarily annexed to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of City Govern- ment in the way of police and fire protection if said territory is in- corporated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if said territory is incor- porated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, 1966 Code of Iowa, authorizes the ex- tension of City Limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a Part of the City of Dubuque. Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa, be and they are hereby ex- tended to include the area com- prising the following described real estate: Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 511 in Table Mound Township, Dubu- que County, Iowa; Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 511 In Table Mound Township, Dubu- que County, Iowa; Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 510 in Section 2, Township 88 North, Range 2 East of 5th Prin- cipal Meridian, being in Table Mound Township, Dubuque County, Iowa, according to the recorded plats thereof, attached hereto and by reference made a part hereof, the boundaries of said area being out- lined in red thereon. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution together with the plat attached thereto in the office of the recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 12.68 An Ordinance vacating the alley which is sixty feet in width ly- ing north of Arlington Street and lying easterly of Lot 1 of the subdivision of Lot 809 in McDaniel's Subdivision of town lots in the City of Dubuque, Iowa, which alley shall hereaf- ter be platted and known as Lot 7698 in McDaniel's Subdivision of Town Lots in the City of Du- buque, Iowa, presented and read. Special Session February 26, 1968 Councilman Meyers moved that the reading just had be considered the first reading of the Ordi. nance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun• cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved that a public hearing be held on the Ordinance on April 1, 1968 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 71.68 WHEREAS, Leo J. Kringle has petitioned the City Council of Du- buque, Iowa, to purchase a certain alley lying northerly of Arlington Street, which shall hereafter be described and known as 769B in McDaniel's Subdivision of Town Lots in the City of Dubuque, Iowa, for the sum of One Hundred ($100.00) Dollars and to pay for the platting thereof and to pay for the costs of publication of no- tice of intent to dispose of real estate; and WHEREAS, the City Council deems it in the best public interest that said vacated alley be sold to the said Leo J. Kringle. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of the vacated alley hereafter be de. scribed and known as Lot 769B in McDaniel's Subdivision of Town Lots in the City of Dubuque, Iowa, for the sum of $100.00 together with costs of publication and sub. ject to the condition that convey- ance be made by Quit Claim Deed and no abstract of title be fur. nished be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the office of the recorder of Dubuque County, Iowa, and that the City Clerk pub- lish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 72.68 WHEREAS, Resolution No. 298-67 passed, adopted and approved on the 25th day of September, 1967, by the City Council of the City of Dubuque, Iowa, approving the dis- posal of certain real estate to Charles Davis and Doris Davis, er- roneously described the real estate to be disposed of to the said Charles Davis and Doris Davis; and WHEREAS, Resolution No. 363- 67, passed, adopted and approved on the 6th day of November, 1967, by the City Council of the City of Dubuque, Iowa, authorizing the dis- posal of said real estate to Charles and Doris Davis which was incor- rectly described. NOW THEREFORE BE IT RE, SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 298-67, passed, adopted and ap• proved by the City Council of Special Session February 26, 1968 97 Dubuque, Iowa on September 25, 1967, be and the same is repealed, rescinded and held for naught. Section 2. That Resolution No. 363.67, passed, adopted and ap- proved by the City Council of Du- buque, Iowa, on the 6th day of November, 1967, be and the same is hereby repealed, rescinded and held for naught. Section 3. That the rescission of the foregoing resolutions is ne- cessary by reason of the fact that the real estate described in said respective resolutions was errone- ously described to include real estate which was not intended to be the subject matter of said re- spective resolutions. Section 4. That the Quit Claim Deed of the grantors conveying said real estate back to the City of Dubuque, Iowa, which was er- roneously described to include property not intended to have been conveyed by the City in the first instance, which Quit Claim Deed has been executed by Charles Davis and Doris Davis, husband and wife delivery of which is herewith acknowledged and delivery of same is hereby accepted and the City Clerk be and he is hereby author- ized and directed to record said deed together with certified copy of this resolution in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adoption Of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 73.68 WHEREAS, Charles Davis and Doris Davis are the owners of cer- tain parcels of real estate abutting Valeria Street in the City of Du- buque, Iowa, and which real es- tate is located and encroaches in part on Valeria Street; and WHEREAS, the said Charles Da. vis and Doris Davis desire to ac- quire such portion of Valeria Street upon which a portion of a dwelling is located; and WHEREAS, the City Council of City of Dubuque, Iowa, passed, adopted and approved Resolution Nos. 298-67 and 363.67 and deliv- ered Quit Claim Deed to the said Charles Davis and Doris Davis, which however, said respective Resolutions and Quit Claim Deed erroneously described a part of said real estate intended to be conveyed by the City of Dubuque and by way of correction thereof this Resolution intends to make the necessary corrections. NOW THEREFORE Be It Re. solved by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of that portion of Valeria Street known and described as Lot 2 of Lot 2 of Lot 3 of Lot 145 in L. H. Langworthy's Addition to Du- buque, Iowa, and that portion of Valeria Street not used for street purposes, which is a portion of Lot 1 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of Lot 147 in L. H. Langworthy's Addition in the City of Dubuque, Iowa, lying north- erly of the street line shown on the subdivision plat dated August 7, 1967, be and the same are hereby approved. Section2. That the respective plats prepared by Bartels, Me Mahan & LeMay Engineering Co., registered civil engineers, bearing date of August 7, 1967, and hereby approved and the execution there- of by the Mayor and City Clerk is hereby ratified and confirmed. Section 3. That the City Clerk be and he is hereby authorized and directed to publish notice of in- tent to dispose of interest in real estate as is by law required. 98 Special Session fchniary 26, 1968 Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adoption of the resolution.. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 74-68 RESOLUTION APPROVING SITE OF COUNTY -CITY BUILDING NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following site located in the City of Du- buque, County of Dubuque, State of Iowa, towit: The area bounded by Fifth Street or the north, Fourth Street on the south, Main Street on the west and Iowa Street on the east, in the city of Dubuque, Iowa, which has been selected as the site for a proposed County -City Building by the County -City of Du- buque Authority, be and the same is hereby approved. Passed, approved and adopted this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 7568 Preliminary Estimate and ap- proval of plans, specifications, form of contract, and all other documents for the construction of the Iowa Street Storm Sewer, 1968, from the S.P.L. of 4th Street to the N.P.L. of 9th Street, at an estimated cost of $17,635.00, pre- sented and read. Mayor McCauley moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 76.68 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. Construction of the Iowa Street Storm Sewer 1968 from the S.P.L. 4th Street to the N.P.L. 9th Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with Special Session Febnrary 26, 1968 99 the City Clerk. That the cost and expense of making said improve- ment will be paid for from sewer funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 26th day of February, 1968. Approved and placed on file for final action. Approved Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ap- proval of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Fixing date of hearing) RESOLUTION NO. 77-68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 75.68 given its pre- liminary approval on the proposed plans, specifications and form of contract placed same on file in the office of the City Clerk for public inspection, for the Construction of the Iowa Street Storm Sewer 1968 from the S.P.L. 4th Street to the N.P.L. 9th Street and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 1st day of April, 1968, a public hearing will be held at 7:30 o'clock P.M. C.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the 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 hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shall 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 resolu- tion have on file with the Clerk ob- jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all ob- jections thereto, at which hearing the Council will hear such objec- tions and enter on record its final decision thereon. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 7864 Preliminary approval of pro- posed plans, specifications, form of contract, and all other docu- ments for the construction of the Iowa Street Sanitary Sewer 1968 from the S.P.L. of 4th Street to the N.P.L. of 9th Street including sub mains on 6th Street from Iowa Street 111 feet west and 7th Street from Iowa Street 132 feet east, at an estimated cost of $33,242.00, presented and read. Councilman Pregler moved adoption of the res- olution. Seconded by Councilman Meyers. Carried by the following vote: Special Session February 26, 1968 Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. (Necessity for improvement) RESOLUTION NO. 79-68 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. Construction of the Iowa Street Sanitary Sewer 1968 from the S.P.L. 4th Street to the N.P.L. 9th Street including sub mains on 6th Street from Iowa Street 111 feet west and 7th Street from Iowa Street 132 feet east. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid for from sewer funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 26th day of February, 1968. Approved and placed on file for final action. Approved: Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ap- proval of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. (Fixing date of hearing) RESOLUTION NO. 8068 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 78-68 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Construc- tion of the Iowa Street Sanitary Sewer 1968 from the S.P.L. 4th Street to the N.P.L. 9th Street including sub mains on 6th Street from Iowa Street 111 feet west and 7th Street from Iowa Street 132 feet east. and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection. BE IT THEREFORE RESOLVED that on the 1st day of April, 1968, a public hearing will be held at 7:30 o'clock P.M., C.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifi- cations and proposed form of con- tract and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution of Necessity and the City Clerk be and he is hereby directed Special Session Fe.bniary 26, 1968 101 to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its con- sideration and unless property owners at the time of final con- sideration 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 objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final de- cision thereon. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 81-68 Preliminary approval of plans, specifications, form of contract, plat and all other documents for construction of the Eighth street storm sewer 1968 from the E.P.L. of Central Avenue to the W.P.L. of Iowa street at an estimated cost of $23,H6.00 presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 82-68 WHEREAS, proposed plans, specifications, form of contract, Plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. Construction of the Eighth Street Storm Sewer 1968 from the E.P.L. Central Avenue to the W.P.L. Iowa Street. BE IT THEREFORE RESOLVED that. the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess. ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from sewer funds. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 26th day of February, 1968. Approved and placed on file for final action. Approved Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved Ldoplion of the resolution. Second- 102 Special Session February 26, 1968 ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler.. Schultz. Nays—None. (Fixing date of hearing) RESOLUTION NO. 83-68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 81.68 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Construc- tion of the Eighth Street Storm Sewer 1968 from the E.P.L. of Central Avenue to the W.P.L. Iowa Street and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 1st day of April, 1968, a public hearing will be held at 7:30 o'clock P.M., C.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifi- cations and proposed form of con- tract and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution 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 pub- lished in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its con sideration and unless property owners at the time of final con sideration of said resolution have on file with the Clerk objections to the amount of the proposee assessment, they shall have beer deemed to have waived all objec tions thereto, at which hearing th( Council will hear such objection and enter on record its final de cision thereon. Passed, adopted and approved his 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 8468 Preliminary approval of plans, specifications, form of contract, plat and all other documents for construction of the Fifth Street Storm Sewer 1968 from the W.P.L. of White Street to the W.P.L. of Locust Street, at an estimated cost of $37,372.70, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 84-68 WHEREAS, proposed plans, specifications, form of conract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. Construction of the Fifth Street Storm Sewer 1968 from the W.P.L. of White Street to the W.P.L. of Locust Street. Special Session February 26, 1968 103 OLVFD BE he City Conn 1 on S is own that the City motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from sewer funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 26th day of February, 1968. Approved and placed on file for final action. Approved. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Fixing date of hearing) RESOLUTION NO. 86-68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 84-68 given its pre- liminary approval on the proposed Plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Construc- tion of the Fifth Street Storm Sewer 1968 from the W.P.L. of White Street to the W.Y.L. of Locust Street and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 1st day of April, 1968, a public hearing will be held at 7:30 o'clock P.M., C.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifica- tions and proposed form of con- tract and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution 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 pub- lished in some newspaper pub. lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its con- sideration and unless property owners at the time of final con- sideration 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 objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final de - vision thereon. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 104 Special Session February, 26, 1.968 Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 87.68 WHEREAS, applications for Beer Permits have been submitted to ,his Council for approval and the same have been ey.amined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Kenneth Jerome Love, 802 Iowa Street. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 88.68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Kenneth Jerome Love, 802 Iowa Street. BE IT FURTHER RESOLVED [hat the bonds filed by such appli- -ants be and the same are hereby approved. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mr. Herb Kiefer, 535 Chestnut St. addressed the Council by stating that in his opinion cats should be obliged to come under the innoculation law just the same as dogs, and it should be enforced along with the dog ordinance. lie also spoke in favor of getting a snorkel for the fire department and also all fire stations should be built with front and back doors to accomodate large equipment. Councilman Couchman moved that the inoculation of cats and enforcing same along with the Dog Ordinance, as submitted by Mr. Kiefer, be referred to the City Manager for investigation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schuitz. Nays—None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Special Session February 26, 1968 105 Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman. Meyers, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk. Approved July 1, 1968 Adopted July 1, 1968 Regular Session, March 4, 1965 Carried by the following CITYY(OUN(IL <ute: eas--Mayor McCauley. Council- men Couchman, Meyers, Pregler, Schultz. Nays—None- February 22. 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Treasurer, and Rater Department, as well as a list of claims and payrolls for the month of January, 1968. I am also submitting the Annual Report of the Auditor for the year 1967. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays --None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of January, 1968. presented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. March 4, 1968 To the honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same. Public Official Bond Romolo N. Russo—Western Sure. IN, Company. Comprehensive Liability Black & White, Yellow & Check- er Cab Co., Inc.—The Aetna Casu- alty & Surety Co. heck - Black & White, Yellow & Cund er Cut) Co.. Inc.—Fireman's Fund t Insurance Co. 11uhuque Plumbing & Heating Company, A Division of Geiger & OFFICIAL Regular Session, March 4, 1968. Council met at 7:30 P.M. X.S.T.) Present—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz City Manager Gilbert D. Chave- nelle. Mayor McCauley read the call and stated that service thereof .had been duly made and this meet- ing is the Regular Monthly Meet- ing of the City Council called for the purpose of acting upon such business as may properly come before the meeting. Communication of Plumbing Ex- amining Board advising of denial of a restricted plumber's license as requested by the Dubuque Pack- ing Co. for Archie Kuehn until he submits to and passes a written examination, presented and read. Councilman Meyers moved that the action of the board be ap- proved. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Nlayor McCauley. Council- men Couchman, Meyers, Pregler. Schultz. Nays—tion. Communication of D u b u q u e Downtown Merchants Assn., Cham- ber of Commerce, making an offer to the City of some ninety flags that have been placed on light Poles in the downtown area about eight times a year, as they have. no one to place same in the future, presented and read. Mayor McCauley moved that the communication be referred to the City Manager and Street Commis sioner for investigation and re- port. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—!Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz, Nays—None. Communication of Recreation Commission submitting their an- nual report covering activities dur ing 1967, presented and read. Councilman Pregler moved tha the report be received and filed Seconded by Councilman Couch 108 Regular Session, March 4, 1968 Co.—Bituminous Casualty Corpor- ation. Sidewalk John Luber—United States Fi- delity & Guaranty Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the bonds and policies be filed subject to approval of the City Solicitor. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None, March 4, 1968 To the Honorable Mayor and City Council Gentlemen: We planned to report to you on pigeons at the Council meeting of March 4th. however, the City Sanitarian, Lavern Goerdt, is ill and we request a postponement of the report until the meeting of March 11th. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the communication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. March 4, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the report of the City Auditor's office for the month of January 1968. 1 am also submitting a list of payrolls for the month of Febru- ary 1968. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. March 4, 1968 Hon. Mayor and City Council Gentlemen: On August 10, 1964, Carol C. Hovind filed claim against the City of Dubuque in the amount of $15,000.00 and therefore on March 18, 1966, said claimant filed an action at law in the District Court of Iowa in and for Dubuque County, claiming damages in the amount of $15,000.00, and there- after the City Attorney entered his response of pleadings thereto and the matter was set for trial at wiheh time the plaintiff made an offer of settlement in the amount of $2500.00. 1 have reviewed the matter, have examined the pertinent hos- pital and medical bills and it is the opinion of the City Attorney that said offer of settlement should be accepted. It is the recommendation of the City Attorney that the offer of settlement by Carol C. Hovind in the amount of $2,500.00 be ac- cepted and the City Auditor be in- structed to draw a warrant pay- able to Carol C. Hovind and trans- mit the same to the City Attorney for delivery upon receipt of a duly executed releases and dis- missal of said cause with pre- judice. Original claim and original notice with petition attached is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved that the recommendation of the City Attorney be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend the Zon- ing Map and Zoning Ordinance No. 3-34, so as to change Lot 2 of 46A of Farley's Subdivision and Lot 6 and the West 139 feet of Lot 3 of City Lot 703 in the City of Dubu- que, Iowa from Multiple Residence District to Local Business "A" District classification, presented and read. No written objections were filed Regular Session, March 4, 1968 Ordinance No. 5-68 Ordinance No. 6-68 lip Regular Session, March 4, 1968 Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend the Zon- ing Ordinance, being Ordinance No. 3-34, by classifying recently annexed territory being Lot 1 of 1 of 1 of 1;—Lot 2 of 1 of 1 of 1; —Lot 2 of 1 of 1 all of the resub. division of Shipton Addn. as Single Family Residence District Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councliman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 7.68 An Ordinance classifying certain territory newly annexed to the City of Dubuque, Iowa, as a "Single Family Residence Dist- rict" classification, and the Zon- ing Map of the City of Dubuque be and the same is hereby amended accordingly, said Ordinance having been pre- viously presented and read at the Council meeting of February 7, 1968, presented for final adoption. ORDINANCE NO. 7-68 AN ORDINANCE CLASSIFYING CER- TAIN TERRITORY NEWLY AN- NEXED TO THE CITY OF DUBUQUE, IOWA, AS A "SINGLE FAMILY RES. IDENCE DISTRICT' CLASSIFICA- TION, AND THE ZONING MAP OF THE CITY OF DUBUQUE BE AND THE SAME IS HEREBY AMENDED ACCORDINGLY. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE Section 1. That the -territory recently annexed to the City of Dubuque, Iowa, and described as follows: Lot 1 of Lot1 of Lot 1 of Lot 1, Lot 2 of Lot 1 of Lot 1 of Lot 1, Lot 2 of Lot 1 of Lot 1 all of the resubdlvisin of part of Shipton Ad- dition In the Cityof Dubuque, Iowa je and the same Is hereby designated and classified as "Single Family Resi- dence District' Classification, and the Zoning Map of the City of Dubuque be and the same Is hereby amended accord- Ingly. Passed, adopted and approved this 4th day of March, 1968. SYLVESTER MCCAULEY WALTER A. PREGL[R Mayor MERLIN F. SCHULTZ DONALD R. MEYERS GAYLOkD M. COUCHMAN Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 8th day of March, 1968. Leo F. Frommelt City Clerk 11. 3-8 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 13.68 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by adding a new Subsection 7 to Section A of Schedule III thereof to provide that east bound vehicles and west bound vehicles on Clarke Drive must stop before entering the intersection of North Grand- view Avenue and Clarke Drive, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 17.64 11NANCF AMENDING NOW ' BY THE CITON CITY COUNCIL OFE IT THE ORDAINED THE C TYY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is %actbn 7 todSecttioneAcofgSC edulesIII A*Iasl—bouW and West bound ve- hicles must stop before entering the intersection of: 7. North Grandview Avenue and Clarke Drive." Regular Session, March 4, 1968 Ordinance No. 15-68 112 Regular Session, March 4, 1968 Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque. Iowa," as amended, be and the same Is hereby amended by enacting a new section rr. to Schedule II thereof as fol- lows' "SCHEDULE I1. rr. Frement Avenue from the South pproperty line of Drdge Street to the NOrth property line Of Simpson Street." Passed, adopted and approved this 4th day of March. 1968. SYLVESTER McCAULEMavOr WALTER A. PREGLER MERLIN . DONALD R. MEYERSZ GAYLORD M. CCU HMA n ATTEST: Leo F. Frommel, City Clerk Published officially In The Telegraph - Herald Newspaper this 8th day of March 1968' Leo F. Frommelt City Clerk 1t. 3.8 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCaul -- men Couchman, Schultz. Nays—None. ORDINANI" An Ordiner nonce Me "rraffi< as arrw sectio, ule bo: n 1 k,.esented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote- Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 16.68 3INANCE AMENDING OR NO. 3349 KNOWN AS T FIC CODE OF DUB= AS AMENDED, BY REPE JBSECT'ON 4 OF SECTION HEDULE 111 THEREOF, I DESIr,NATED A THROUGH STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa,' as amended, be and the same is hereby amended by repealing subsection 4 of Section A, of Schedule III thereof, and that the same Is hereby repealed. Section 7 Th t Ordinance No. 3349 tnr•vn as the 'Traffic Code of Dubuque, "'"^ '• ' be and The same Is enacting a new sec- t It thereof as fol - i from the North lennsvlvania Avenue 1pert, Ilne of HIII- om the North prop - :rest Road to the of Asbury Road." rid approved this 8. Z McCAULEY Mayor PREGLER SCHULTZ MEYERS M. COUCHMAN Councilmen The Telegraph - 'h day of March, no F. Frommelt City Clerk moved final %nee. Second- gler. Carried ley, Council - .....au, Meyers, Pregler, xhultz. Nays—None. March 4, 1968 To the Honorable Mayor and City Council Gentlemen: You have before you for con• sideration a proposed ordinance granting to Northern Natural Gas Company (Peoples Natural Gas Di- vision) a non-exclusive franchise for twenty-five (25) years. I thor- eughly reviewed this ordinance with the City Solicitor and rep- resentatives of the company, and recommend its passage. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Regular Session, March 4, 1968 113 Manager be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 17-68 An Ordinarce granting to North- ern Natural Gas Company, a cor- poration, (operating as the Peo- ples Natural Gas Division), its successors and assigns, a non. exclusive authority for a period of twenty-five (25) years to maintain and operate its exist- ing gas distribution system and construct extensions thereto within the limits of the City of Dubuque, Iowa, and additions thereto; including all necessary facilities and equipment, (mains, piping, and appurtenances) in, upon, over, across and along the streets, alleys, bridges, and oth- er public places of the city for transmission, distribution and sale of natural gas or mixed gas therein, and prescribing terms and conditions under which the company is to operate; and re- pealing Ordinance No. 1-45, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Couchman moved that the rule be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 1748 An ordinance granting to Northern Natural Gas Company, a corporation, (operating as the Peoples Natural Gas Division) its successors and ass'gns, a non-exclusive authority for a Period of twenty-five (25) Years to maintain and operate IIs existing gas distribution sys. terna within the climits rctof ethe nsCity of there Du coque, )owe, and additions thereto; in clutllno all necessary facilities and equip ment, (mains, Piping, and appurtenances) in, upon, over, across and along the streets, alleys, bridges, and other Pub- lic Places of the City for the Iransmis- slon, distribution and sale of natural gas or mixed gas therein, and Prescrib- ingterms and conditions under which thecompany Is 10 Operate; and re- Peellno ordinance No. 1-45. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA section1. GENERAL CONDITIONS a. Uainitron of Tams 1) Whenever the word "city" ap- Pears In this ordinance it Is in- t(-nded and shall be heal to mean the City of Dubuque, Iowa and ad- dt,ions therero. 2) Whenever the word "company" appears In this ordinance it is In- tended and shall be he,d to mean the Northern Natural Gas Company (operating as the Peop.es Natural Gas Division), its successors and as- signs. 3) Whenever the word "grantee" appears in this ordinance, it is In- tended and shall be held to mean In- !ended Northern Natural Gas Company (operating as the Peoples Natural Gas Division), its successors and assigns. 4) nhenever the word "franchise' appears in this ordinance It Is In- tenued and shall be he.d to mean the grant of authority stated and expressed in section Ib Wow to- geiher with the terms and conditions contained In this ordinance as ac- cepted by the company. 5) Whenever the word "street" ap- pears in this ordinance It is intended and shall be he.d to mean streets, a'levs, bridges, avenues, highways and other pub.Ic places In the City of Dubuque, Iowa and additions thereto. 6) Whenever the words "natural gas" appear In this ordinance they are in. ended to designate and shall mean gas of the qua.ity and char- acter produced by nature, or as such term Is defined in Section 2 of the Natural Gas Act (15 U.S.C.A., Sec. 711). 7) whenever the words "mixed gas" appear in this ordinance they are intended to designate and shall be held to mean natural gas mixed with other combustible gases by company to augment the company's gas sup• piv. b. Grant of Authority There is hereby granted to the Com- Panv, Its successors and assigns, for a period of twenty-five (b) years a non-exclusive authority to maintain and operate its existing gas distribution system and con- struct extensions thereto within the limits of the city and additions there- to, Inc.udrnu all necessary facilities and equipment (mains, piping and up appurtenances) In, on, over, across, aril a,ong the streets of the city for the transmission, dlstri tu- fion and sale or natural gas or mixed gas therein. c. Territorial Limit The area to which this franchise re- lates includes future as we,l as limits of d. RestrictionsrlandtertorialLimitationsthe city. Therights and Pnv,ieges hereby andntl mitation subject otChaptr39) are to econditions 49UA of the Code of Iowa, 1966. Section 11. CONDITIONS OF STREET USE a. General Conditions. The city re- serves 10 11se.f fire power to Impose reasonable regulations on the come pane'suse of streets. The city re- serves the right by resolution orother- wise to desiuriate the location of any new gas main or any new gas service line with reference to other street to- chlties such as sewer and water mains a maservices ner a asefto promote streettrees thelnpub IC safety and to protect pub IC property. The City also reserves the right to approve of the location of any new regulator station and any new main carrying hB Company essure of agree to scot more. T re,eic• the proposed location of any new high pressure gas pipelines that will be outside the city limits, to the end trial the company's plans are Com- patible with the city's Plans. b. Permits. A written permit will be 112 Regular Session, March 4, 1988 Section 1. That Ordinance No. 33-49 knowlowe. ' as the of ntnded, bfic eandf the bsame mended sectiis on brr. to Schedule II thereof M to] - lows: "SCHEDULE It. rppr. Fremcnt Avenue from the South Northr property line f Dlinee otfPet to the Simpson Street." Passed, adopted and approved this 4th day of March. 1968. SYLVESTER MCCAULEMeyof NEPLBN F. SCHULALTA. TZ DONALD R. MEYERS GAYLORD M. COUCHMANCouncimen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 8th day of March 1968. Leo F•C ty C erk It. 3 8 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 16.68 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub- section 4 of Section A of Sched- ule 111 thereof, requiring east bound and west bound vehicles to stop before entering the inter- section of Valleyview and Ava- lon Road, and enacting a new Section ss. of Schedule II there- of to provide that Avalon Road from the north property line of Pennsylvania Avenue to the south property line of Hillcrest Road to the south property line of Asbury Road be designated a through Street. presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 16-68 AN ORDINANCE AMENDIN( NANCE NO. 3349 KNOWN "TRAFFIC CODE OF DI IOWA" AS AMENDED, BY ING SUBSECTION 4 OF SE, OF SCHEDULE Ill THERE OUIRING FAS} BOUND AN BOUND VFHICLES TO STOP ENTE?ING THE INTERSEC' Sectionv 1. VThat Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa." as amended, be and the same is hereby amended by repealing subsection 4 of Section A. of Schedule III thereof, and that the same Is hereby repealed. Section 2. That Ordinance No. 33-49 Icnown as the "Traffic Code of Dubuque, Iowa" as amended, be and the same is hereby amended by enacting a new sec. tion ss. of Schedule II thereof as fol- lows: "SCHEDULE 11 ss. Avalon Road from the North pproperty line of Pennsylvania Avenue F the South property line o1 Hill- crest Road and from the North prop- erty line of Hillcrest Road to the South property line of Asbury Road." Passed, adopted and approved this 4th day of March. 1968. SYLVESTER McCAULEY Mayor WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 8th day of March, 1968. Leo F. Frommel} City Clerk It. 3-8 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. March 4, 1968 To the Honorable Mayor and City Council Gentlemen: You have before you for con- sideration a proposed ordinance granting to Northern Natural Gas Company (Peoples Natural Gas Di- vision) a non-exclusive franchise for twenty-five (25) years. 1 thor- oughly reviewed this ordinance with the City Solicitor and rep- resentatives of the company, and recommend its passage. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Regular Session, March 4, 1988 113 Manager be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 17.68 An Ordinarce granting to North- ern Natural Gas Company, a cor- poration, (operating as the Pea pies Natural Gas Division), its successors and assigns, a non- exclusive authority for a period of twenty-five (25) years to maintain and operate its exist- ing gas distribution system and construct extensions thereto within the limits of the City Of Dubuque, Iowa, and additions thereto; including all necessary facilities and equipment, (mains, piping, and appurtenances) in, upon, over, across and along the streets, alleys, bridges, and oth- er public places of the city for transmission, distribution and sale of natural gas or mixed gas therein, and prescribing terms and conditions under which the company is to operate; and re- pealing Ordinance No. 145, Presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Couchman moved that the rule be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 17.4 dlnence granting to Northern Gas Company, a corporation, g as the Peoples Natural Gas its successors and assigns, a sive authority for a period of ,a (25) Years to maintain and Its existing gas distribution sys. I construct extensions thereto he Ilmlts of the City of Du- owa, and additions thereto; In- rll necessary facilities and equip- ialns, piping, and appurtenances) 11 over, across and along the alleys, bridges, and other Pub- " of the City for the transmis- ston, dish ibution and sale of natural gas or mixed pas therein, and prescrib. InG terms and Conditions under which the CDMPaflY Is to operate; and re- pealing ordinance No. 145. COUNCIL OFRTME CIITYBOF DUBUQUE IOWA satllen 1. GENERAL CONDITIONS a. UNlaltlgn W lorms 1) Whenever the word "city" aft. Pears In this ordinance It is In- lended arta 34hall be heal to mean the City of Dubuque, Iowa and Ad- di.lons thereto. 2 Whenever the word "companyy appears In this ordinance It is In tended and shell be he.d to mean the Northern Natural Gas Company (operating as the Peop,es Natural Gas Division), Its successors and as- signs. 7) Whenever the word "grantee" appears In this ordinance, it is in- tended and shall be held to mean 'he Northern Natural Gas Company (operating as the Peoples Natural Gas Division), Its successors and assigns. 4) Whenever the word "franchise" appears In this ordinance it is In- tenaed and shall be he.d to mean the grant of authority stated and expressed In section Ib below to - Griner with the terms and conditions Contained In this ordinance as ac- cepted by the company. S) Whenever the word "street" ap- pears in this ordinance It Is Intended and shall be he,d to mean streets, alleys, bridges, avenues, highways end other Pub.lc pieces in the City o1 Dubuque, Iowa and additions thereto. 6) Whenever the words "natural pas" appear In this ordinance they are Imrnoed to designate and shall mean gas of the que.lty and char- acter produced by nmure, or as such term Is defined In Section 2 of the Natural Gas Act (15 U.S.C.A., Sec. 717). 7) Whenever the words "mixed gas" appear in this ordinance they are Intended to designate and shall be held to mean natural gas mixed with other combustible gases by company to augment the Company's gas sup- ply. b. Grant of Authority There is hereby granted to the com- pany, Its successors and assigns, for a period o1 twenty-five (2.y) rears a non-excluslve authority to maintain and operate its existing gas distribution system and con. struct extensions thereto within the limns of the city and additions there- to, including all necessary facilities and equipment (mains, piping and appurtenances) In, upon, over, across, and e.ong the streets of the city for the transmission, distribu- tion and sale of natural gas or mixed pas therein. C. Territorial Limit The area to which this franchise re- lates includes future as we.l as Ppresent territorial Ilmlts of the city. d. Rastrlc►lons and LlmNatloM The rights and privileges hereby granted are subject to the conditions and lof "thelon.Codef of Iowa, 1 66. 397 and Section It. CONDITIONS OF STREET USE tat Conditions. to na city re- serves toItseltimpose reasonable re pulatlons on the corn• party's use o1 streets. The city re- serves the right by resolution or other- wise to designate the location of env new gas main or any new gas service line with reference to other street te- cl ides such as sewer and water mains and nerea street etln such manner o promotehepub.lc safety and to protect pub -IC property. The city also reserves tha roht to approve of the location of any new regulator station and any new main carrylny a pressure of So pounds or more. The company agrees to cor. re ate the proposed location of any new high pressure gaspipelines that will be outside the city limits, to the end that the company's plans are co- petible with the city's plans. b. Permits. A written Permit will be 114 Regular Session, March 4, 1968 obtained from the city engineer when- ever it becomes necessary for the com- pany to excavate in streets or public Stale a oP,'liePe u At part Such Orrmits Poinihaof the street where ;he excavation Is to be made end the ;ength of time in which such Permit Sha I authorize the work to be done An exception to a requirement for a permit shall be made In cases of emergency involving Pub- lic Eatery, In which case a permit will be obtained at the earliest opportunity after the work has started. c. Work Under Construction. In mak- ing excavations in ,he streets the com- pany shall Proceed With suet• work as to cause the east possible inconven- ience to the Public. the company Shall properly protect, according to ac- cepted safety standards, as may be determined from time to time by the city engineer, alt excavations and ob. sirUclions by Proper shoring, surface pales, barricades, warning lights and the ,Ike. It in the or Inion of the city engineer such excavation or obsiruc- lion is not properly and safely Pro. lecled he shall notify the company and the company wil. Immediately com- ply with his reasonable instructions. d. Restoration. Immediately after gas mains and pipes are insta.led and re - Patted, the trenches in which such mains or pipes are Installed will be refilled by the company. No trench or excavation in the streets shall be filled or covered without giving It, city the right to inspect the same. All backfil Ing in streets will be according to city specifications. Where nece;- sarY, on account of severe weather con ditions, temporary street surfacing will be Placed in such excavations as soon as the same has been backti,led. Pave merits, sidewalks, curb and gutters or other Portions of streets an0 Pubic places opened, disturbed or damaged by company shall be Promptiy restored and rep aced with like materials by the company at Its own expense and left in as good condition as before In the event that the company shall fail to cum P.Y with the Provision of this section, after having been given reasonable notice, the city may do such work as may be needed to prop - e, Iy repair such pavements, sidewIlks, curb and gutters or other portions of streets and public Paces and the cost thereof sha.l be repaid to the city by the company. in scene c, es where a cut or disturbance is mads: in a sec- tion of street paving or sidewalk, rather than replace on y the area cut, the company shall replace that area stipulated by the city engineer which In no event shat exceed the panel or Panels disturbed. e. Re.ocation. Whenever the city shall Pave or repave any street or shall Charge the grade ine of any Oreel or public place or shall construct or re- construct any conduit, water main ser- vice or water connection, sewer or other municipal public works or utility, It shall be the duty of the company, when so ordered by the city, to change its rrNn,ctpa. Wurks or wilily, it shall be the duty of the company, when so ordered by the city, to change its mains, services and other property In the streets or other Public places at Its own expense so as to conform tc the established grade or line of such street or Pub is Place and so as not to interfere wilt[ the conduits, sewers and other mains so constructed or re- constructed. However, the company shall not be required to re.ocate pipes, mains and appurtenances when the street, alley or pubic grounds, In which they are located, is vacated for the convenience of abultinp property owners and not as an incident to a Pub Ic Improvement, unless the reason- able cost of such relocation and the loss and expense resulting therefrom Is first paid to the company by the abutting property owners. In the case of pub Ic Improvements, Including Ur. b, n Renewal Prolects, the city may require the company to relocate Pipes, mains, services end appurtenances in the streets at comperry's expense I. Extension on Non -Public Streets. Where any gas line Is Present Y or in the future laid anywhere in the cor. porate limits of the city, as now con. structed or as hereafter extended, [m not in a Public Street and a street she thereafter be opened or dedicated Eo es to Include said line within the right-of-way of such street, said gas tine sha I be required to be operated and maintained under the terms of this franchise. g. Inspection. The city may at its discretion assign personnel for Inspec- tion of excavation and related work being Performed by the company. Should the company fall or refuse ti do and Perform the things Provided I., this ordinance, the city may, after rea- sonab a notice, Perform the work and charge the expense thereof to the com- pany and the company shall Promptly pay said charges. Section Ill. STANDARDS OF SER- VICE a. General Conditions. The company agrees to provide and maintain Its entire plant and system In such con- dificn that It wl I furnish safe, ade- yuate, efficient and continuous service. The city reserves the right to make Independent tests and require gas fur- nishecl under this franchise to be tested for quality, composition, heat value and Pressure by any genera;ly accepted method; and the company agrees to maintain Proper facilities for actually making such tests and furnish adequate instruments to the city during the con- duct of such fest. However, report of healing value of natural gas and re- port of fractional analysis of natural gas as furnished to Its customers and reguatoty bodies shall be an accepted substitute for the above quality, com. position and heat va ue tests, and such report shall be furnished monthly to the city. b. Obligation of the Company to Fur- nish Gas. It is recognized by the city and the company that the supply of gas avallab a to consumers within the city is subieet to the overriding con- trol of the company's wholesale sup- plier And the Federal Power Commis- sion. Further recognizing, however, the city's Proper and legitimate Inter- est in the status of the gas supply to Dubuque consumers, the company will annual Y report its request for at ot- ment for firm gas (nomination for contract demand) a:locable to the Du- buque Town Border Station, and com- pany will make every reasonab a ef- fort to secure and maintain at all times a five (5) Year gas supply commit- ment from company's who.esale suP. plier. 1) Mixed Gas. The company shall be allowed to mix other combustib'e bi- ttiion within the th ucitty aral smixt s such for diure may be advantageous to the opera- tion of the company. Such mixture, however, sha I not relieve the com- pany of Its obligations under this franchise. 2) New Materials. Should, within the Period of this franchise, develo- heating srubstances (offer of the cum pany the opportunity to more ef- feclively, etficient.v and economical- ly serve its customers through use of a substance or material other than gas, then the company may petition the city council for review of this ordinance In line with such development. C. Quality of Gas. Gas furnished 10 ecnsurners under this franchise shall be, free from Impurities except that It shall contain same element or core - Pound with an east v detected odor in an amount sufficient to be notice. ab a when the gas is released, but not sufficient to be harmful to human or animal life or 10 Interfere with tat all ime ustionfurrnishThe gasCOofpBritishaThermal Unit heating value of not less than nine hundred (900) British Thermal Heating Units per cubic foot of gas. Should the Britl•h Ther -1 rhes rate below nine hundred (900), then in effect she I be automaldlcarlI and ccrre,Ponding Y Irwered which uchn lowery British Thermal UIn nit value she'll be furnished. d. Pressure. Gas pressure as measured at the outlet o1 the company's service to any customer shall ne-'er be less than four (4) inches of water column Regular Session. \larch 4, 1165 115 to The comepA vinect ll installprovided. a main - 1a10 a reasonable number of grant-ic inthedistribu Ion ssure system As points rY to determine the average pres- sure. The average pressure wlli be taken 10 indicate the pressure at the Customer's service. e. Meters and Meter Accuracy. All gas service shall be supplied through it meter which shall accurate,y measure the amount of gas supplied to a con- sumer. The consumer shah supply a safe and proper Place for the InstallA- tion of each such Meier. Standards for meters and be in -ccordance wirpracticester th regulations, ru es or directives adopted by the Public Uti-.Ry Division of the Iowa Csmmerce Commission. Company shall furnish City copy of annual meter Practice report As filed with the Public Utility Di. vision of the Iowa Commerce Com- mission. I. Extensions. The company sha.l be required to extend its gas distribution system not more than two hundred (700) feet for each customer to be saved from any extension thereof. except Insofar as the supply Of gas to I,e community mi,y be limited. As provided In Section IIIb above. When- ever the distribution system Is ex- tended, service lines to the abutting lots will be stubbed to the lot line, and exception hereto may be made upon app.lcation to the city engineer where sound engineering practice In- dicates such exception. Section IV. RATES. The company shall supply gas to con- sumers within the city at reasonabe rates. It is recognized that under the statutes of the Sate ofIowa, the State Commerce Commission is vested will, le7al authority to supervise, fix or change rates and charges authorized to be charged by the company to consumers of gas. It shall also be recognized by both the company and the ci.v that matters involving rate Manges and charges are local in their application and effect and that the City, through its city Council, shall be wilh- in its privileges and municipal resPon• sibilities in making Inquires, express- ing Interest or adopting Position In matters of rate changes or charges by the company. Slmultaneous:Y, with the it Ing by the company of any ap- plication or petition or request In any form with the State Commerce Com- mission, or otherregulatory body vested by law with authority and lur- isdiction to authorize change of rates or Charges, for an increase In or authority to increase rates or charges, or for any revision or change which would have the effect of Increasing the rates and prices to be paid to the company by consumers of gas In the city, the company shall file with the city council of the city a written no tice stating that It intends t0 make such application for rate increase. The notice shall state In a Clear and definite way the amount of such in• crease rate to be requested as aP Plied to each class of Consumer use. Section V. RECORDS, REPORTS, PLATS a. Reports.The company shall fill with the city council a truu copy of the annual report of the company pertaining 10 the operation or conduct of business of the company under this franchise. The report may be the same as the conl- panY shall have prepared for such year in the ordinary course of the conduct of the business of the company and filed With the Iowa State Commerce Commis- sion. b. Service Rules and Regulations. The company shall file with the city clerk any copy of Its rules and regulations for supplying gas service to consumers. Such COPY shall be kept current, showing ally Changes, additions, deletions or amend- ments. C. Plat of Gas Distribution System. The company shall, promptly after the award of this franchise, furnish the city engineer a detailed map or inapt, of Its disiribution lrystem both wilhin the city limits and the area Immediately sur- rounding the city. Thr company shall thereafter update the map or maps every six months showing all subsequent Additions or deletions to the distribution system. The company shall indicate on saidmap or maps the gas pressure In the Iines of its distribution network or transmission Iines. However, prior to any excavation by the city engineer or other persons proposing to excavate, can. tact must be made wtih the company regarding current Information on the location of gas mains or gas laterals In the area concerned. Section VI. LIABILITY. The company shall indemnify and hold the City harmless at ail times during the term of this franchise from and against ail calms for Iniury or damage to Per- sons or Property caused by the COrl- siruction, erection, operation or mainten- ance of its properties. Or the negligence of Its contractors or its employees. In case of any suit or action at law be com. menced against the City of Dubuque, upon any Calm for damage arising Out of any loss, iniurY or damage, claimed to have been caused by any Installation, improvement, obstruction or excavation In any street, al,ev, sidewalk or public Place in the City of Dubuque, and which installation, improvement, obstruction or excavation was made or left in, under or upon such street, sidewa''k, alley or Pub. tic Place by said company, its Agents, contractors or employees, upon being no. retied by said City of such acllon Or proceeding, e nseyre:a ntl makpoper company and If any Judgment or decree shall in any such case be rendered against the City of Dubuque therein, said company hereby agrees to assume, pay, and satisfy such Judgment or decree, with the costs there- of. Section Vit. TRANSFER OF FRAN. CHISE. No sale. assignment or lease of this franchapprovese d al ed bytheheffective cityuntil ou ciland }untiil file Company has filed in the office Of the city clerk written notice of the proposed sale, transfer, disposition or assignment, such notice to clearly summarize the pro- posed Procedure and the terms and conditions thereof. Such approval by the city shad not be unreasoneb v withheld. The proposed vendor, assignee or les- see shall similarly file an Instrument, accepting thetermsloaf gsuch this franchise agreeing to perform all the conditions thereof. Section Vill. FORFEITURE. The via ation of any material portion of this franchise by the company or Its successors or assigns, or its failure sionspofYthis franchise shall betcause for frfeiturand the Ierminateion oof all isrightsnchise hereunder. Such frrfeitue shall be ACCOmoished by or- dinance of the city after written notice by ccntinuailonnof thager e violation, failuthe COmP8nv re or default specified in the notice for at least thirlY (30) days from the date the notice was served. Section IX. EFFECTIVE DATE. This ordinance following its passage, its ratification by a majority of the qualified voters of the city, voting at .an thereon, and calledfor publication by law voting P o vided, shall become effective upon Its accep'ance by the company and shall ancel Or- dinarce I NO su1 45, b ingn the prior gas franchise he'd by the company Pat.sed roved and adopted this 41h tlOf March 1968 Sv.vester McCauley Mayor Walter A. Preg'er Merlin F. Schultz Donald R. Mevers Gaylord yl rd M. Couchman Attest: L o F Clerkmeit Published officlaily in The Telegraph, Herald Newspaper this ISM day of April 19611' LEO F FROMMELT 1t. 4,115 City Clerk Councilman Couchman moved adoption of the Ordinance. Second- 116 Regular Session, March 4, 1968 ed by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. MAYOR'S PROCLAMATION Notice of Special Election Public Notice is hereby given that at a Specia; Election to be held in and for the said City of Dubuque, on the 9th day of April, 1968, from 7:00 o'clock in the morning until 8:00 o'clock in the evening, shall be submitted to the qualified electors of said City to be by them voted upon the propo- sition of granting to Northern Nat- ural Gas Company, a corporation, (operating as the Peoples Natural Gas Division) the Franchise adopt- ed and approved by Ordinance No. 17-68. At said election paper ballots will be used and ballots be pre- pared therefor will have printed thereon the proposition and in substantially the following form: (NOTICE TO VOTERS; For an affirmative vote on the question submitted, mark a cross (x) mark or check (V) in the space after the word "YES" YES ❑ For a negative vote on the question submitted, mark a cross (x) mark or check ( V) in the space af- ter word "NO"). NO ❑ SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? Shall the following pub- lic measure as set forth in Ordinance No. 17-68 as enacted by the City Council of the City of Dubuque, on the 4th day of Mrrch, 1968, granting unto Northern Natural Gas Company, a corpora- tion, (operating as Peo- ples Natural Gas Divi- sion), a non-exclusive au- thority for a period of twenty-five years to erect and maintain a gas dis- tribution system and any and all necessary mains, pipes, services and other appurtenances thereunto pertaining in, upon, over and across and along the streets, alleys, bridges, public places of the City of Dubuque, for the transmission, distribution and sale of natural and/ or mixed gas for light- ing, heating, industrial and all other uses and purposes, and prescrib- ing the terms and condi- tions under which the said company is to oper- ate be adopted? YES ❑ NO ❑ The said election on said propo- sition will be held in the several election precincts of said City, the boundaries of which shall be as delimited by Ordinances Num- bered 7-52, 37-56, 67.60, 54.61, 20- 62, 21-62, 22-62, 23-62, 7-63, 33.64, 35-64, 4-67, 5-67, 6-67, 7-67, 39-67. 79-67. Voting Precincts Polling Places First Precinct — Bryant School, 1280 Rush Street Second Precinct—Washington Jr. High School, 51 N. Grandview Ave. Third Precinct—Franklin School, 39 Bluff Street Fourth Precinct — County Court House, 7th & Central Avenue Fifth Precinct — Lincoln School, 1101 W. 5th Street Sixth Precinct—No. 4 Fire Station, University & Atlantic Streets. Seventh Precinct—City Hall, 13th & Central Avenue Eighth Precinct — Public Library, 11th & Bluff Street Ninth Precinct—Fire Station, 18th & Central Avenue Tenth Precinct—Board of Educa- tion Building, 1500 Locust Street Eleventh Precinct— Wahlert High School, 2005 Kane Street Twelfth Precinct—Fulton School, 2540 Central Avenue Thirteenth Precinct—Holy Ghost School, 2901 Central Avenue Fourteenth Precinct — Audubon School, 535 Lincoln Avenue Fifteenth Precinct — Marshall School, 1450 Rhomberg Avenue Sixteenth Precinct—Irving School, 2520 Pennsylvania Avenue All qualified electors of said City are hereby notified to appear at said election; each to vote at the polling place of the election precinct in which such elector re- sides, or as permitted by statute. Regular Session, March 4, 1968 117 This notice is given by order of the City Council of the City of Dubuque, pursuant to Chapter 397 of the 1966 Code of Iowa. Dated at Dubuque, Iowa, this 4th day of March, 1968. Sylvester McCauley Mayor of the City of Dubuque, Iowa Attest: Leo F. Frommelt City Clerk RESOLUTION NO. 89.68 Resolution ordering election of the franchise or Northern Nat. ural Gas Company, a corpora- tion (operating as the Peoples Natural Gas Division). WIiEREAS, the City Council of the City of Dubuque has this day granted a franchise to Northern Natural Gas Company, a corpora- tion, (operating as the Peoples Natural Gas Division), to maintain and operate existing gas distribu- tion system and construct exten- sions thereto within the Limits of City of Dubuque, Iowa, subject to the approval of the voters of the City of Dubuque at a Special Elec- tion; and WHEREAS, it is deemed advis- able and necessary and in the pub- lic interest that the proposition referred to above be submitted to the qualified voters of said City for their approval. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That at a Special Elec- tion to be held in and for the said City of Dubuque on the 9th day of April, 1968, from 7:00 o'clock in the morning until 8:00 o'clock in the evening Central Standard Time, there shall be submitted to the qualified electors of said City, to be by them voted upon, the Proposition of granting to North ern Natural Gas Company, a cor. poration, (operating as the Peoples Natural Gas Division), the fran. chise adopted by Ordinance No, 17.68. Section 2. That said election or said proposition shall be held it the several voting precincts of said City as prescribed for Special Elections in said City and as de limited by Ordinances Numberei 7.52, 37-56, 67.60, 54-61, 20.62, 21 62, 22-62, 23-62, 7-63, 33.64, 34-64 15-64, 4-67, 5.67, 6.67, 7-67, 39.67, ?9-67. Section 3. That paper ballots hall be used for voting upon said )roposition and that the City Clerk )e and he is hereby authorized and nstructed to cause paper ballots !or voting on said proposition to 5e prepared in substantially the [ollowing form: (NOTICE TO VOTERS: For an affirmative vote on the question submitted, mark a cross (x) mark or check (V) in the space af- ter the word "YES" YES ❑ For a negaitve vote on the question submitted, mark a cross (x) mark or check (V) in the space after word "NO") NO ❑ SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? Shall the fol- lowing public measure as set forth in Ordinance No. 17-68 as enacted by the City Council of the City of Du- buque, on the 4th day of March, 1968, granting unto Northern Natural Gas Com- pany, a corporation, (oper- ating as Peoples Natural Gas Division), a non-exclu. sive authority for a period of twenty-five years to erect and maintain a gas distribution system and any and all necessary mains, pipes, services and other appurtenances thereunto pertaining in, upon, over and across and along the streets, alleys, bridges, pub- lic places of the City of Du- buque, for the transmis- sion, distribution and sale of natural and/or mixed gas for lighting, heating, in- dustrial and all other uses and purposes, and prescrib- ing the terms and condi. tions under which the said company is to operate bYES e[Iadopted? NO ❑ Section 4. That the City Clerk shall have ballots for absent vot- ers prepared to be used for voting on the aforesaid proposition on yellow colored paper in substan- tially the following form, with fac- simile signature of the City Clerk on the back thereof: 118 Regular Session, March 4, 1968 (Notice to Voters: For an affirmaitve vote on the fol- lowing proposition make a cross (x) mark in the square after the word "YES." For a negative vote make a sim- ilar mark in the square fol• lowing the word "NO." SHALL THE FOLLOWING PUBLIC SQUARE BE ADOPTED? Shall the fol. lowing public measure as set forth in Ordinance No. 17-68 as enacted by the City Council of the City of Du- buque, on the 4th day of March, 1968, granting unto Northern Natural Gas Com- pany, a corporation, (oper- ating as Peoples Natural Gas Division), a non-exclu. sive authority for a period of twenty-five years to erect and maintain a gas distribution system and any and all necessary mains, pipes, services and other appurtenances thereunto pertaining in, upon, over and across and along the: streets, alleys, bridges, pub- lic places of the City of Du- buque, for the transmission, distribution and sale of nat- ural and/or mixed gas for lighting, heating, industrial and all other uses and pur- poses, and prescribing the terms and conditions under which the said company is to operate be adopted? YES ❑ NO ❑ (Back of Ballot) OFFICIAL BALLOT For Northern Natural Gas Com- pany, Franchise Special Election, Du- buque, Iowa Voting Precinct the ...... day of ................1 1968 (Facsimile Signature) City Clerk. Section S. That the Mayor is hereby authorized, empowered and instructed to issue a Proclamation and notice of the submission of said proposition at said Special Election of the time and place thereof by publication once each week for four consecutive weeks in "The Telegraph -Herald" a news- paper of general circulation print- ed and published in said City, the last of which publications shall not be less than five nor more than twenty days prior to said Special Election. Section 6. That for said election the Judges and Clerks of said elec. tino of the respective election pre. cincts shall be those regularly em. ployed to conduct the affairs of the Special Election as approved by the City Council. The Clerks and Judges approved by the City Council are proper persons to act in accordance with Section 49.12, et seq. of Chapter 49 of the 1966 Code .of Iowa. Up- on the closing of the polls for said election, said Judges and Clerks shall file reports of the results on said proposition with the City Clerk in order that results may be canvassed and officially declared by this Council. Section 7. That this Council shall meet on the next secular day following the day of said elec- tion in the Council Chamber in the City Hall in the City of Du- buque, Iowa, at 7:30 o'clock P.M. to canvass the results of said elec- tion. Section 8. That pursuant to the provisions of Iowa Law, Northern Natural Gas Company, a corpora- tion (operating as the Peoples Nat- ural Gas Division) shall pay all costs and expenses incurred in the holding of said Special Elec- tion and the City Auditor is here- by instructed to keep a strict ac- counting of all such costs and ex- penses and upon the completion of the canvassing of the results of said election shall submit to said corporation a statement of such costs and expenses, publication costs, and any other costs incurred by the City of Dubuque in connec- tion with the said Special Elec- tion. Passed, approved and adopted this 4th day of March, 1968. Passed, approved and adopted this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, March 4, 1968 119 Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Mayor McCauley moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Mr. Ed. Ossenkop, District Man- ager of the Peoples Natural Gas, expressed his thanks for the fine cooperation given in making ar- rangements for the gas franchise election. Petition of League of Women Voters of Dubuque requesting that the present vacancies on the Hu- man Relations Council be filled, presented and read. Councilman Meyers moved that the petition be referred to the Council. Seconded IVY Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of United Fund of Du- buque, Community Services Plan- ning Committee, said petition sub- mitted to the Council one week ago, requesting matching funds and providing leadership if neces- sary for aging citizens, presented and read. Mr. Jim Platt, Director of CAP and "Project Concern" addressed the Council stressing the need for immediate action due to the time element involved. The necessary information must leave their of- fice by the middle of the week in order to be able to share at a Federal level. All Councilmen seemed to agree on not making a hasty decision after which time Councilman Pregler moved that the petition be referred to the City Manager to call a meeting with the Executive Board of C.A.P., the executive Board of the United Fund, and other social agencies. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of A. G. Aeitzman et al (94 signers) objecting to the pro- posed allowance of Bies Street to serve as an exit for traffic from the Kennedy Square Shopping Cen- ter, and the adjacent proposed warehouse area, presented and read. Councilman Meyers moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Don Ohmert Exca- vating Service requesting permis- sion to excavate at 1769 University Avenue, presented and read. Coun- cilman Pregler moved that permis- sion be granted subject to approv- al of the Engineering Department. Seconded by Councilman Meyers. Carried by the following vote: yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Dubuque Summer Festival Inc. requesting Permis- sion to hold the 1968 Festival from June 26 to June 30, 1968, presented and read. Councilman Schultz moved approval of the pe- tition. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Inland Molasses Co. requesting that the Julien Du- buque Monument Road between Julien Dubuque Drive and the I. C. R. R. tracks be paved and included in the 1988 Street Pav- ing program, presented and read. Mayor McCauley moved that the petition be referred to the Manag- er and to the Engineering Depart- ment. Paan ment. Seconded by Meyers. Carried by the following vote: 120 Regular Session, March 4, 1968 Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Dubuque Tank Ter- minal Co. requesting that no park- ing be established on the west side of Water Street between First Street and Jones Street, presented and read. Councilman Pregler moved that the petition be re- ferred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Northwestern Bell Telephone Co. requesting permis- sion to excavate in the alley be- tween Main and Locust and 9th and 10th Streets, presented and read. Councilman Pregler moved approval of the petition subject to approval of the City Engineer. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas Co. requesting permission to exca- vate on West Third Street and also on St. Mary's street, presented and read. Councilman Schultz mov- ed approval of the petition. Second. ed by Councilman Pregler. Carried by the following vote: Yeas—May- or McCauley, Councilmen Couch- man, Meyers, Pregler, Schultz. Nays—None. Petition of Dubuque Municipal Airport requesting approval on a bond issue for construction of a new terminal building and also to proceed with final designs and documents to start construction in 1968, presented and read. Council. man Pregler moved approval of the petition. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Donald Roussel of 4616 Asbury Road requesting water main extension to service their property, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Water Superintend- ent. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Church of the Resur- rection of 3966 Asbury Road, re- questing water main extension to service their property, presented and read. Councilman Pregler mov- ed that the petition be referred to the City Manager and Water Super- intendent. Seconded by Council- man Meyers. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Lester A. Hilby of 3966 Asbury Road, requesting wa- ter main extension to service their property, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Water Superintend- ent. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays --None. Petition of Kenneth L. & Donna J. Smith of 4730 Asbury Road, re- questing water main extension to service their property, presented and read. Councilman Pregler mov- ed that the petition be referred to the City Manager and Water Superintendent. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Donna M. Ruprecht et al requesting rezoning from Multiple dwelling to Single Family Dwelling classification in Key Knolls Subdivision Block #13, Lots 1 to 10A; Block Number 14-A Lots 18 to 14, Block 14 Lots 1 to 13; Block 15 lots 1 to 7-A, presented Regular Session, March 4, 1988 121 and read. Councilman Meyers mov- ed that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Hillcrest Investment Inc. & Hillcrest Builders Inc. re- questing vacation of a portion of Keystone Drive and Lot 1 of 1 of 2 of i of 1 of NEu4 SEY4 to elim- inate a street that serves no bene- fit to the traffic pattern, present- ed and read. Mayor McCauley mov- ed that the petition be referred to the City Manager and City Solic- itor for proper proceedings. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Westchester Inc., Al- bert F. Weber, and Hillcrest In- vestment Inc. requesting vacation of a portion of Woodland Drive to eliminate funneling of traffic from a commercial area to a residential and grade school area, presented and read. Mayor McCauley moved that the petition be referred to the City Manager and City Solicitor for proper proceedings. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. March 4, 1968 Honorable Mayor & Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a peti- tion to have portions of Keystone Drive and Woodland Drive vacat- ed. The petition bears the signa- tures of all adjoining property owners. Since the two streets were plat- ted the master plan for Key Knolls has been changed. The proposed changes have been tentatively ap- proved by the Commission. Under the new plan there is no public need for the portions of the two streets in question. It is the recommendation of the Planning & Zoning Commission that the streets be vacated subject to any necessary utility easements. Respectfully submitted, Planning and Zoning Commission Don Gilson Director of Planning Mayor McCauley moved that the communication be referred to the City Manager and City Solicitor for proper proceedings. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publishers, of Notice to Contractors of the Receipt of Pro- posais for the construction of con- crete sidewalks known as CITY OF DUBUQUE 1967 SIDEWALK PROJECT NO. 1, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. March 4, 1968 To the honorable Mayor and the Members of the City Council Gentlemen: Pursuant to your instruction seal- ed bids were received until 10:00 A.M., March 4, 1968. for the con- struction of the City of Dubuque 1967 Sidewalk Project No. 1. The lowest bid entered was sub- mitted by Husemann and Huse - mann of Dubuque, Iowa, but due to Husemann and Husemann not in- cluding a 10% certified check with their bid, 1 recommend that their bid be rejected. The second lowest was submitted by William C. O'- Neill of Dubuque, Iowa. His bid was 6.1% under the Engineer's Es- timate. I recommend that the contract for the improvement be awarded to William C. O'Neill of Dubuque, Iowa. Respeetfully submitted, Gilbert D. Chavenelle City Manager 122 Regular Session, March 4, 1968 Mayor McCauley moved approval Yeas—Mayor McCauley, Council. of the recommendation. Seconded men Couchman, Meyers, Pregler, by Councilman Couchman. Carried Schultz. by the following vote: Nays—;None. Yeas—Mayor McCauley, Council- RESOLUTION NO. 91.68 men Couchman, Meyers, Pregler, A RESOLUTION APPROVING Schultz. THE CITY OF DUBUQUE, Nays—None. IOWA, 1967 STREET FINANCE (Awarding Contract) REPORT. WHEREAS, a distribution of ex. RESOLUTION NO. 90.68 penditures and receipts of the WHEREAS, sealed City of Dubuque for "MUNICIPAL have been submitted by contractors STREET AND PARKING FOR THE for the City of Dubuque 1967 Side- FISCAL YEAR JANUARY 1, 1967 walk Project No. 1 pursuant to AND ENDING DECEMBER 31, Resolution No. 393.67 and notice to 1967, has been duly prepared in bidders published in a new,paper accordance with Chapter 312 and published in said City on Febru- as amended by the 61st General ary 12, 1968 and February 19, 1968; Assembly of Iowa, and submitted and to this Council for approval; WHEREAS, said sealed proposals and were opened and read on March 4, WHEREAS, this Council has ex - 1968, and it has been determined amined the distribution of receipts that the bid of William C. O'Neill and expenditures of the City of of Dubuque, Iowa in the amount of Dubuque, Iowa, for Municipal $18,134.87 was the lowest bid for Streets and Parking, wherein the the furnishing of all labor and receipts and expenditures for the materials and performing the work fiscal year are shown. as provided for in the pians and NOW THEREFORE, BE IT RE - specifications; now therefore, SOLVED BY THE CITY COUNCIL BE IT RESOLVED by the City OF THE CITY OF DUBUQUE, Council of the City of Dubuque IOWA: that the contract for the above That the distribution of receipts mentioned improvement be award- and expenditures for "Municipal ed to William C. O'Neill and the Streets and Parking" as heretofore Manager be and he is hereby di- prepared, be and the same is here- rected to execute a contract on by adopted and approved as the behalf of the City of Dubuque for Street Finance Report for 1967. the complete performance of said Passed, adopted and approved this work. 4th day of March, 1968. BE IT FURTHER RESOLVED, Sylvester McCauley that upon the signing of said con- Mayor tract and the approval of the con- Walter A. Pregler tractors bond the City Treasurer Merlin F. Schultz is authorized and instructed to Donald R. Meyers return the bid deposits of the un- Gaylord M. Couchman successful bidders. Councilmen Passed and adopted this 4th day Attest: of March, 1968. Leo F. Frommelt, Sylvester McCauley City Clerk Councilman Pregler moved adop- Mayor tion of the resolution. Seconded by Walter A. Pregler Councilman Meyers. Carried by the Merlin F. Schultz following vote: Donald R. Meyers Yeas—Mayor McCauley, Council - Gaylord M. Crouchman men Couchman, Meyers, Pregler, Councilmen Schultz. Attest: Leo F. Frommelt, Nays—None City Clerk RESOLUTION NO. 92.68 AUTHORIZING THE PURCHASE Councilman Pregler moved adop. OF CERTAIN REAL ESTATE IN tion of the re,<olution. S,•ennd,-d by THE DOWNTOWN URBAN RE. Councilman Meyers. Carried by the NEWAL PROJECT, IOWA R-15 following vote: WIIERE'AS, under date of .luly Regular Session, March 4, 1968 123 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, there has been pre- pared on behalf of the City of Dubuque independent appraisals of certain parcels of real estate to be acquired for the project; and WHEREAS, the appraisals have been reviewed, recommended pric- es established, and the appraisals reports and certain supporting documentation submitted to the Department of Housing and Urban Development for their review; and WHEREAS, the City of Dubuque has received from the Department of Housing and Urban Develop- ment concurred -in acquisition pric- es for certain parcels of real estate in the Project Area; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to execute Agree- ments of Purchase and to do any and all things necessary and re- quisite including the affixing of the City Seal to certain instruments to purchase the following describ- ed parcels of real estate in accord- ance with the Downtown Urban Renewal Plan at their concurred - in acquisition prices, at a total cost not to exceed $151,500. Parcel No. Legal Description 7.3 City Lot 220 and South 12' 10" of City Lot 219 7.6 City Lot 244 and South One - Half of City Lot 245 8.1 City Lot 177 and North 27.6' of City Lot 178 All located in the City of Du buque, Dubuque County, State of Iowa. Passed, and adopted, and ap- proved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—Councilman Schultz. RESOLUTION NO. 93-68 WHEREAS, City of Dubuque, Iowa, has been negotiating with Chicago Great Western Railway Company for a private crossing over the right-of-way and tracks of the Chicago Great Western Rail- way Company in connection with access to and from certain borrow pit. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement by and between the Chicago Great Western Railway Company and the City of Dubuque, Iowa, dated Feb- ruary 14, 1968 governing terms of agreement in connection with the grant of license by said railway company to City of Dubuque, Iowa, be and the same is hereby approv- ed. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said agreement, a copy of which is hereto attached and by reference made a part hereof, marked Ex- hibit "A", for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 94-68 RESOLUTION ACCEPTING DE. L I V E R Y OF CORRECTED GRANT OF EASEMENT FOR FLOOD PROTECTION WORKS. WHEREAS, DUBUQUE TA N K 124 Regular Session, March 4, 1988 RESOLUTION NO. 95.68 TERMINAL has executed and de- livered to City of Dubuque, Iowa, a RESOLUTION ACCEPTING DE- grant of perpetual easement in, on, LIVERY OF CORRECTED over, and across the following de- GRANT OF EASEMENT FOR scribed real estate, to wit: FLOOD PROTECTION WORKS. Two tracts of land, being por- WHEREAS, DUBUQUE TANK tions of the following: Lot 1 TERMINAL COMPANY has execut- of Block 8, Lot 4 of Block 4 and ed and delivered to City of Dubu- Lot 8 of Block 4, all in River que, Iowa, a corrected grant of Front Subdivision No. 2 in the perpetual easement in, on, over, city of Dubuque, Iowa, accord- and across the following described ing to the recorded flat there- real estate, to wit: of, which tracts are outlined in red and fully cross -hatched on A parcel of land in Section 30, the Plat attached hereto, mark- Township 89 North, Range 3 East ed Exhibit "A" and by this ref- of 5th P.M., in the City of Dubuque, erence made a part hereof. Iowa, embraced within the follow - in connection with City of Dubuque ing boundaries, to wit: Commenc- Flood Control Plan, ing at the Southeast Corner of Block 6, in Dubuque Harbor Co.'s NOW THEREFORE BE IT RE- Addition, thence South 820 East SOLVED BY THE CITY COUNCIL 154.05 feet, thence South 3o381 OF THE CITY OF DUBUQUE, East 226.0 feet, to the Northwest IOWA. Corner of the Lessor's Dock House, Section 1. Delivery of corrected which is the point of beginning; grant of perpetual easement to thence along the North Face of City of Dubuque, Iowa by Dubuque Lessor's Dock House to the North - Tank Terminal dated the 2nd day east corner thereof, a distance of of March, 1968, be and the same 79.5 feet; thence along the East is hereby accepted by the City of Face of Lessor's Dock House, a Dubuque, Iowa. distance of 77.5 feet; thence North 87' 42%1 East 84 feet; thence North Section 2. That the City Clerk be 1 East 81.03 feet; thence and he is hereby ordered to exe- North West 1 feet; North cute the certificate of Clerk affixed e 8.2 thence North 25 1010 West North to such granting instrument and feet; thence North 21 est cause said grant of perpetual ease- North 310West feet; thence North 31 ment to be recorded in the office erl Fest 151 feet; to the Northerly We of the Recorder in and for Du- Boundary of the Tract herein de- buque County, Iowa, together with scribed; thence South 72°56rfao this Resolution, West 20.17 feet; thence South 2 Passed, adopted and approved 12%1 East 400.1 feet; thence North this 4th day of March, 1968. 87°27%' East, more or less, a dis- tance of 56.25 feet, to the North - Sylvester McCauley west Corner of Lessor's Dock Mayor House, which is the place of begin - Walter A. Pregler ning, which parcel is outlined in Merlin F. Schultz red on the plat attached hereto, Donald R. Meyers marked Exhibit "A" in connection Gaylord M. Couchman With City of Dubuque Flood Con - Councilmen trol Plan and by this reference Attest: made a part hereof. Leo F. Frommelt, NOW THEREFORE BE IT RE. City Clerk SOLVED BY THE CITY COUNCIL Councilman Pregler moved adop- OF THE CITY OF DUBUQUE, tion of the resolution. Seconded by IOWA: Councilman Meyers. Carried by the Section 1. Delivery of grant of following vote: corrected perpetual easement to Yeas—Mayor McCauley, Council. City of Dubuque, Iowa by Dubuque men Couchman, Meyers, Pregler, Tank Terminal Company dated the Schultz. 2nd day of March, 1968, be and the same is hereby accepted by the Nays—None. City of Dubuque, Iowa. Regular Session, March 4, 1968 125 Section 2. That the City Clerk be and he is hereby ordered to exe. cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 96-68 Resolution Accepting Delivery of Corrected Grant of Easement for Flood Protection Works. WHEREAS, THRUPUT TERMI- NALS has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A parcel of land lying north and east of Seventh Street Harbor in the City of Du- buque, Iowa, being a part of the area known as Thruput Terminal Lease, which parcel is outlined in red and cross- hatched on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof. in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of corrected grant of perpetual easement to City of Dubuque, Iowa by Thruput Terminals dated the 1st day of March, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixed to such granting instru- ment and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. March 4, 1968 To the Honorable Mayor and City Council Gentlemen: I have just completed an inves- tigation of the balances of the several funds and the budget ac- counts of 1967. My main purpose was to determine the cost of pro- grams and materials which must be carried over and provided for In 1968. In addition to these carry over items, I have spotted several other items for which I recom- mend an appropriation. For exam- ple, excavating the 32nd Street Retaining Basin. I have requested that an ordi- nance be drawn covering these money orders and brought before you for your consideration at the Council meeting of March 4th. I have also requested a Resolution transferring funds to the Recrea- tion -General Fund. There is suffi- cient unappropriated funds for these money orders. The ordinance for increased budget appropriations must be set down for public hearing. The res. olution requesting a transfer of funds to the bRecreation-General e Fund may e a n d passed at the March 4th meeting. 116 Regular Session, March 4, 1968 I submit the attached tabula. tion for your information. It is a list of each item contained in the money ordinance. I recommend to you the pro- posed ordinance and resolution. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers. Pregler, Schultz. Nays—None. RESOLUTION NO. 97-68 Resolution for transfer of $18,. 300.00 from the Municipal Golf Course Development Fund to the Recreation General Fund, Whereas, $18,300.00 is needed to create an unappropriated re- serve and cash balance in the Recreation General Fund to cover additional appropriations included in the Ordinance of Amendments to the original Recreational Gen. eral Fund appropriations present- ly being considered; Now therefore, be it resolved by the City Council of the City of Dubuque, Iowa that $18.300.00 be transferred from the Municipal Golf Course Development Fund to the Recreation General Fund to cover additional appropriations amendments included in Ordi- nance No. 1-68. Passed, adopted and approved this 41h day of March, 1968, Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Councilmen Leo F. Frommelt, City Clerk Councilman Pregler m o v e d adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 18.68 AN ORDINANCE AMENDING THE BUDGET AS APPROVED BY RESOLUTION NO. 222-67 AND ORDINANCE NO. 1-68, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. Council Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Couchman. Carried by the follow. ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Meyers moved that a public hearing be held on the Ordinance on April 1, 1968, at 7:30 o'clock P.M. (C.S.T.) 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 McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 98.68 PRELIMINARY ESTIMATE and Aoproval of plans and specifica- tions, and all other documents for construction of the Mt. Car. mel Feeder Main Project, at an estimated cost of $142,575.00, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- Ir, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 99.68 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 Regular Session, March 4, 1965 127 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 CONSTRUCTION OF the Mt. Carmel Feeder Main Proj- ect. 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 will be paid from the Water Works General Fund. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 4th day of March, 1988. Approved and placed on file for final action. APPROVED: Sylvester McCauley Mayor Walter A. Preeler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. FIXING DATE OF HEARING RESOLUTION NO. 100.68 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of the Mt. Car- mel Feeder Main Project. BE IT THEREFORE RESOLVED that on the 1st day of April. 1968 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 proposed im- provement may appear and make objections to the proposed plans and specifications, form of con- tract and cost of said improve- ment, and the City Clerk be and he is hereby directed to cause a notice of time and place of such hearing to be published in some of Dubuque, Iowa, which shall be newspaper published in the City not less than ten (10) days prior to the day fixed for its considera. tion, and the City Clerk be and he is hereby directed to have pub- lished the notice of pendency for said improvement, and the City Clerk is hereby directed to adver. tise for proposals to the contrac- tors for the construction of the above-mentioned improvement. Passed, adopted and approved this 4th day of March, 1988. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (Orderina Construetlon) RESOLUTION NO. 101.6! BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that pursu- ant to a Resolution of Necessity No. 98.68 which was duly passed by this Council for the construc- tion of the Mt. Carmel Feeder Main Project. Be and same is hereby ordered constructed by this Council upon 123 Regular Session, March 4, 1968 its own motion and with or with- out the petition of property own- ers. All work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the Water Works General Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 102.68 PRELIMINARY ESTIMATE and Approval of the proposed plans, specifications, form of contract, Plat and all other documents for construction of the Mt. Carmel and Stafford Street Water Pump. ing Stations, at an estimated cost of $110,850, presented and read. Councilman Pregler moved adop. tion of the resolution. Sconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays --None. (Necessity for Imorovement) RESOLUTION NO. 103.68 WHEREAS, proposed plans, specifications, and form of con. tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improve. ment. (2) An estimate of the cost of the improvement. FOR THE CONSTRUCTION OF the Mt. Carmel Feeder Main Proj. ect and Stafford Street Water Pumping Station. BE IT THEREFORE RESOLVED that the City Council on its own m -tion, 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 will be paid from the Water Works General Fund. The above resolution was intro- dued, approved and ordered placed on file with the City Clerk this 4th day of March, 1968. Approved and placed on file for final action. Approved: Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Regular Session, March -1, 1968 129 FIXING DATE OF HEARING RESOLUTION NO. 104.68 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed pians, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of the Mt. Carmel and Stafford Street Water Pumping Stations. BE IT THEREFORE RESOLVED that on the 1st day of April, 1968 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 proposed im- provement may appear and make objections to the proposed plans and specifications, form of con- tract and cost of said improve- ment, and the City Clerk be and he is hereby directed to cause a notice of time and place of such hearing to be published in some newspaper published in the City of Dubuque, Iowa, which shall be not less than ten (10) days prior to the day fixed for its considera- tion, and the City Clerk be and he is hereby directed to have pub- lished the notice of pendency for said improvement, and the City Clerk is hereby directed to adver- tise for proposals to the contrac- tors for the construction of the above-mentioned improvement. Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (Ordering Construction) RESOLUTION NO. 105.68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that pur- suant to a Resolution of Necessity No. 102.68 which was duly passed by this Council for the construc- tion of the Mt. Carmel and Staf- ford Street Water Pumping Sta- tions. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. All work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the Wa- ter Works General Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 10668 PRELIMINARY ESTIMATE AND APPROVAL of plans and specifi- cations, form of contract, plat and all other documents for construc. tion of Dubuque Swimming Pool - Bathhouse Renovation, at an esti. mated cost of $35,284.00, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded 130 Regular Session, March 4, 1968 by Councilman Meyers. Carried by I the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 107.68 WHEREAS, proposed plans, specifications, and form of con- tract have been duly prepared and approved by the City Council of City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement. For the Dubuque Municipal Swim- ming Pool Bathhouse Renovation. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the hereinmentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Play- ground Improvement Recreation Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of March, 1968. Approved and placed on file for final action. APPROVED: Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (Orderino Construction) RESOLUTION NO. 108.68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Necessity No, 106- 68 which was duly passed by this Council for the Dubuque Munici- pal Swimming Pool -Bathhouse Ren- ovation, Be and the same are hereby 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 accord. ance with the plans and specifi- cations heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the Said improvement be paid from the Playground Improvement Rec- reation Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con. struction of the various improve- ments herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Regular Session, March 4, 1988 131 Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays --None. (FIXING DATE OF HEARING) RESOLUTION NO. 109.68 WHEREAS, the CityCouncil of the City of Dubuque, Iowa has given the preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the Dubuque Municipal Swim- ming Pool -Bathhouse Renovation. BE IT THEREFORE RESOLVED that on the 25th day of March, 196B a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may ap- pear and make objections to the proposed plans and specification and proposed form of contract, to the cost of the improvement and the City Clerk be and he is here. by directed to cause a notice of the time and place of such hear- ing to be published in some news- paper 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 instruct- ed to advertise for proposals for the construction of the aforemen. tioned improvement. Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz, Nays—None. February 26, 1968 To the Honorable Mayor and City Council Gentlemen: I hereby submit the City of Du- buque, 1968 Concrete Paving with Integral Curb Project No. 2—Iowa Street from the north property line of Third Street to the south property line of Tenth Street. Submitted February 26, 1968. John L. White City Engineer Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays --None. RESOLUTION NO. 11068 PRELIMINARY ESTIMATE AND APPROVAL of plans, specifica- tions, form of contract, plat and all other documents for construc- tion of CITY OF DUBUQUE 1968 CONCRETE PAVING WITH IN- TEGRAL CURB PROJECT NO. 2, Iowa Street from the north prop- erty line of Third Street to the s o u t h property line of Tenth Street, at an estimated cost of $235,146.00, presented and read. Mayor McCauley moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Schultz. Nays—None. (Neeessitp for Improvement) RESOLUTION NO. 111-68 WHEREAS, proposed plans, specifications and form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1.) The plan of such improve- ment. (2.) An estimate of the cost of the improvement. FOR THE CONSTRUCTION OF the City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 2—I0wa Street from the North Property Line of Third Street to the South Property Line of Tenth Street. 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 132 Regular Session, March 4, 1968 improvement. and unless property owners at. the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waved 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 wi'l be paid from the 135-K Road Use Tax Fund. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 4th day of March, 1968. Approved and placed on file for final action APPROVED: Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Fixing date of hearing) RESOLUTION NO. 112.68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 110-68 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the CITY OF DUBUQUE — 1968 — Concrete Paving Project with In• tegral Curb Project No. 2 IOWA STREET—from the north property line of Third Street to the south property line of Tenth Street. and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspee• tion, BE IT THEREFORE RESOLVED that in the 1st day of April 1968, a public hearing will be held at 7:30 o'clock P.M. C.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, and to the pas- sage 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 published in the city of Dubuque, the last of which shall 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 We with the Clerk objections to the proposed improvement they shall have been deemed to have waived all ob- jections thereto, at which hearing the Council will hear such objec- tions and enter on record its final decision thereon. Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 113-68 WHEREAS, by virtue of grant of easement dated the 24th day of August, 1967, St. Regis Paper Com- pany executed and delivered to City of Dubuque a perpetual ease- ment in, on, over, upon, under Regular Session, March 4, 1968 133 and across the real estate here- inafter described for the purpose to place, construct, operate, re- pair and maintain a storm sewer pipe line and appurtenances there- in, and the location of said storm sewer pipe line and appurtenances is shown on the plat attached to said grant of easement, marked Exhibit "A", along the westerly boundary of the easement here- tofore granted for flood levee purposes, and delivery of said grant of easement by Resolution No. 276-67, was accepted and ap- proved and thereafter said grant of easement was recorded in Book 193, page 215 of Dubuque uewhiCounty plat Records, a copy o marked Exhibit "A", showing loca- tion of said storm sewer pipe line easement is hereto attached and by reference madea part hereof, which real estate is described as follows: A tract of land in Lot 1 of Block 7 and Lot 2 of Lot 2 of Lot 2 of Block 8, all in Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS. the City of Dubuque. Iowa, has obtained and secured a new and alternate easement from St. Regis Paper Company showing the relocation of said storm sewer pipe line and appurtenances and the City of Dubuque no longer needs the easement for the storm sewer pipe line and appurtenances as granted in instrument recorded in Book 193, Page 215 and said easement should be abandoned. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the easement heretofore granted by St. Regis Paper Company to City of Du- buque, Iowa, to place, construct, operate, repair and maintain a storm sewer pipe line and ap- purtenances in, on, over, upon, under and across the real estate hereinabove described, which storm sewer pipe line was to be located in and along the westerly boundary of the easement line of easement granted by St. Regif Paper Company to City of Du buque, Iowa, for flood protection purposes be and the same is here- by abandoned by the City of Du- buque, Iowa, and the City of Dubuque, Iowa, herewith releases and assigns and transfers and sets over unto St. Regis Paper Com- pany all rights, interest and title of the City of Dubuque acquired in and to the easement for storm sewer pipe line heretofore grant- ed in instrument dated August 24, 1967 and filed in Book 193, Page 215 of Dubuque County Records. Seetion 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carded by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 11468 WHEREAS, St. Regis P a p e r Company has executed and deliv- ered an easement to the City of Dubuque to place, construct, op- erate, repair and maintain a storm sewer pipe line and appurtenances in, on, over, upon, under and across the following described real estate, towit: A tract of land in Lot 1 of Block 7 and Lot 2 of Lot 2 of Lot 2 of Block 8, all in River, front Subdivision No. 3 in the City of Dubuque, Iowa, accord- ing to the recorded plat there- of That said sewer easement has been acquired in connection with the Dubuque Flood Control Proj- ect. NOW THEREFORE BE IT RFr SOLVED BY THE CITY COUNCII. 134 Regular Session, March 4, 1968 OF THE CITY OF DUBUQUE, IOWA: Section 1. That the easement to the City of Dubuque, Iowa, by St. Regis Paper Company be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same for and on behalf of the City of Dubuque, Iowa, and deliv- ery of said grant of easement be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to file said grant of easement in the office of the Re. corder in and for Dubuque County, Iowa. Passed, approved and adopted this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 115.68 WHEREAS, the City of Dubuque, Iowa, is required to grant to the United States of America, et al, permission to enter u p o n the 1 a n d s, easements, rights-of-way, and other properties of said City in connection with the Dubuque Flood Protection Project; and WHEREAS, the City Attorney is required to execute a certificate as to right-of-way in connection with the Dubuque Flood Protec- tion Project. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the grant to the United States of America, its of. ficers, employees, agents, succes- sors and assigns and the Govern. ment contractors, their officers, employees, agents, successors and assigns, the right of entry on lands, easements, rights-of-way and other properties of said City as more fully set out in Exhibit "A" at. tached hereto entitled "RIGHT OF ENTRY" be and the same is here. by approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute the same for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk he and he is hereby authorized and directed to record a certified copy hereof in the office of the Du- buque County Recorder. Section 3. That the execution of City Attorney's certificate as to right-of-way, marked Exhibit "B" and hereto attached, executed by R. N. Russo, City Attorney, be and the same is hereby approved, rati- fied and confirmed. Passed, approved and adopted this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 116.68 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque. Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Lucky Stores, Inc., 200 South Lo- cust Street (Effective April 1, 1968) Lucky Stores, Inc., 1800 Elm Street (Effective April 1, 1968) Lucky Stores, Inc., 3033 Asbury Street (Effective April 1, 1968) Lucky Stores, Inc., 3049 Asbury Street (Effective April 1, 1968) Regular Session, March 4, 1968 135 Be it further resolvedthat e the bonds filed with the application approved. Passed, adopted and approved this 4th day of 8. Sylvester March, ley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 117.68 WHEREAS, applications f o r Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "R" RFER PERMIT PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street CLASS "B" BEER PERMIT Mathais Schneller, 132 8th Avenue Mrs. Adele Fens, 210 West 1st Street Herbert E. Althaus, 1575 Central Avenue Raymond Charles Kratz, 2417-2423 Rhomberg Avenue Raymond McLaughlin, 2222 Cen- tral Avenue CLASS "C" BEER PERMIT Lucky Stores, Inc. # 144, 3033 As- bury Street (Effective April 1, 1968) Lucky Stores. Inc. # 130, 1800 Elm Street (Effective April 1, 1968 Lucky Stores, Inc. # 109, 200 South Locust Street (Effective April 1 1988) Lucky Stores, Inc. # 204, Judson Asbury Streets (Effective Apri 1, 1968) Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 118.68 WHEREAS, applications f o r Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the Beer following named app CLASS "B" BEER PERMIT PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street CLASS "B" BEER PERMIT Mathias Schneller, 132 8th Avenue Mrs. Adele Fens, 210 West 11t Street Herbert E. Althaus, 1575 Central Avenue Raymond Charles Kratz, 2417-2423 Rhomberg Avenue 2222 Cen• Raymond McLaughlin, tral Avenue CLASS "C" BEER PERMIT Lucky Stores, Inc. # 144, 3033 As- bury Street (Effective April 1, 1968) eq Inc. Lucky00 Elm St Street (Effective April18. 1968) & Lucky Stores, Inc. # 109, 200 S. 1 Locust Street (Effective April L 1968) 136 Regular Session, March 4, 1968 Lucky Stores, Inc. #E 204, Judson & Asbury Streets (Effective April 1, 1968) BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 119-68 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOI.VED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT**CHAPTER 123 — as amend- ed by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Raymond Charles Kratz, 2417-2423 Rhomberg Avenue Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 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 McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 12068 WHEREAS, applications for Liq. uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Raymond Charles Kratz, 2417.2423 Rhomberg Avenue Passed, adopted and approved this 4th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mayor McCauley appointed the following to the Citizens Advisory Commission; Mrs. Kenneth Schmidt 2 year term to 1969; Rev. Anthony Sigwarth 3 year term to 1970; Richard Ludwig 2 year term to 1969. Councilman Pregler moved ap- proval of the appointments. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Regular Session, March 4, 1988 137 There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council men Couchman, Meyers, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk. Approved August 12, 1968 Adopted August 12, 1968 139 Special Session, March 11, 1968 CITY COUNCIL (OFFICIAL) Special Session, March 11, 1968. Council met at 7:30 P.M. (C.S.T.) Present—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, City Manager Gilbert D. Chavenel- le. Absent — Councilman Schultz. (Out of City). Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of "A D O P T I N G A RESOLUTION CONCURRING IN ACTION TAK- EN BY COUNTY -CITY OF DU- BUQUE AUTHORITY PROVIDING FOR A SPECIAL ELECTION ON A PUBLIC BOND PROPOSITION" and acting upon such other busi- ness as may properly come before a regular meeting of the City Coun- cil. March 11, 1968 To the Honorable Mayor and City Council Gentlemen: At the Council meeting of March 4th, Mrs. Dale Dieters, 3178 Sheri- dan Road, requested the City to extend a water main to her resi- dence. On March 5th, Mr. Joe Hail and Mr. Jim McGloughlin investigated the situation and called on Mrs. Dieters. It would require about an 800 foot extension through rock outside the city limits. Mrs. Dieters was advised that the City could not make this extension at this time. It is our understanding that Mrs. Dieters will have the water well on her property repaired. This will solve the immediate problem. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. March 11, 1968 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap. proved the following bonds and desire to have your approval on same. SIDEWALK John R. Altman, Western Surety Company Conlon Construction Co., Maryland Casualty Company Roy Fredrick, Western Surety Company Robert Shireman, Merchants Mu- tual Bonding Company Raphael H. Strub, Western Surety Company John P. Welter Sons, Western Surety Company Respectfully, Gilbrrt D. Chavenelle City Manager Mayor McCauley moved that fil- ing of the bonds be approved sub- ject to approval of the City So- licitor. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley;' Council- meN;,Louchmanr eyers, Pregler. Nhyy S--None: Absent --Councilman Schultz. Mayor McCauley moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. City Sanitarian, LaVerne Goerdt, submitted a report on the pigeon problem in the City. The report was clear and comprehensive by informing the Council of various bids, by various firms, as to cost of eradication, which would be ef- fective from six months to a year. The cost of getting rid of the pigeons would almost be prohibi- tive, when you realize that any method used would n,)t be a cure. all. Sanitation and stoppage of spillage by feed companies in the south end of town would be the best methods. Seventy-five percent of the pigeon population in the City is at the Dubuque -East Du- Special Session, March 11, 1968 139 buque bridge. Mr. Larry Stockel stated that if the poir.on method is employed to get rid of the pigeons it would be well to think about it in the winter months when most of the songbirds etc. are not here and have made their migratory trips to the south. Mr. Goerdt made a recommendation that his depart- ment could arrange to clear up the spillage, mostly at the South- end feed mills and storage bins, feeling almost sure that the major portion of the pigeon menace could be reduced to a minimum. Councilman Meyers moved to ac- cept Sanitarian Goerdt's recom. mendation. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. March 11, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a Public Hearing on the following proposal: That the east 60 feet of lot 2 of lot 6-F, the east 60 feet of lot 2 of 4D and the east 60 feet of lot 2 of lot 1 of 4D all in the L. H. Langworthy Addi- tion be reclassified from Mul- tiple Residence to Business District on the Zoning Map. The property is presently used for parking in conjunction with commercial uses located on Central Avenue and 22nd street. The only structure on the property is a single car garage. The dimension from Central Avenue to White Street is 160 feet. Because of this narrow depth, it is not practical to have commercial development fac- ing on Central Avenue and Multi- ple Residence development on White Street as the present zoning would encourage. Because of the relationship of this property to the existing com- mercial development on Central Avenue and 22nd Street, it was the Commission's opinion that Bus- iness classification on this property would permit appropriate use of the land. Nobody was present at :he Public Hearing to speak in op- position to the proposal. It is the recommendation of the Planning and Zoning Commission that the proposal as stated above be approved. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Councilman Pregler moved that the recommendation of the Com- mission be approved and referred to the City Solicitor for proper proceedings. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. Dubuque County Board of Super- visors submitting a resolution adopted by their body on March 5, 1968 that the County would par- ticipate and pay 25% of the cost of the intersection of U. S. 20 and John F. Kennedy Road, on the strength of commitment that the Highway Commission would pay 50% of the cost, presented and read. Councilman Meyers moved that the copy of resolution be re- ceived and filed. Seconded by Mayor McCauley. Carried by the following vote: Yeas --Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. Notice of Suit of Leroy F. & Rosemary Beau, in the amount of $10,000 for personal injuries re- ceived in a fall on Madison Street, while said street was under con- struction on September 16, 1967, presented and read. Councilman Pregler moved that the notice of suit be referred to the City So- licitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. Petition of Ramona May Rucker requesting a refund of $25. on the unexpired portion of cigarette li- cense No. 275, as she has discon• tinued business on March 6, 1966, 140 Special Session, March 11, 1.968 presented and read. Councilman Couchman moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman !Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. Petition of Ramona May Rucker requesting a refund of $50. on the unexpired portion of Class $ beer license No. 99, as she has discon- tinued business on March 6. 1968, presented and read. Councilman Couchman moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. Petition of Peoples Natural Gas requesting permission to excavate on West 7th Street near Needham Place to provide new service, pre- sented and read. Councilman Mey- ers moved that the petition be granted. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. Petition of Dubuque TV -FM Ca- ble Company requesting authority for Clerk to sign State Highway Commission form 523 signifying approval by the Council to allow cable continuation and hook-up on the Dubuque -East Dubuque bridge from the Iowa side to the Illinois side across the Mississippi River, presented and read. Mayor Mc- Cauley moved approval of the petition and authorized the Clerk to sign. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. Mr. Loos, manager of the local TV station stated that they must have approval of both cities, Du- buque and East Dubuque, before cable can be attached to the bridge. Petition of C. Schroeder of 2221 Garfield Ave. objecting to the continued parking of Milwaukee Diesel engines to the rear of their home and letting the motors run continously for hours at a time, emiting smoke and noise present- ed and read. Councilman Meyers moved that the petition be re- ferred to the City Manager for investigation and report. Second- ed by Councilman Couchman. Car. ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. Air. C. Schroeder addressed the Council in behalf of his petition. March 4, 1968 Honorable Mayor & Council Members Gentlemen: The City Planning and Zoning Commission has reviewed the final plat of Peg -0 Mesa Subdivision. It is the recommendation of the Commission that the plat be ap- proved. Respectfully Submitted, Planning & Zoning Commission Don Gilson Director of Planning Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 121.68 Resolution approving the plat of Peg -o Mesa Subdivision in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "Peg -o Mesa" in the City of Dubuque, Iowa, by Richard C. Henschel; and WHEREAS, upon said plat ap- pear streets to be known as Peg -o Court, together with certain public utility easements which the own- ers by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning Special Session, March 11, 1988 141 and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or pav- ing, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Peg -o Court together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of "Peg - o Mesa" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, exe- cute their written acceptance here- to attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Peg -o Court with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifica- tions; b. To install water mains and water service laterals in accord- ance with plans submitted with the plat; c. To install storm sewers and catchbasins in accordance with Plans submitted with the plat, d. To install concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; e. To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; f. To maintain the foregoing improvements for a period of four (4) years from the date of their acceptance by the City of Da. 3uque, Iowa; g. To provide the foregoing con. Aruction and maintenance at the sole expense of the Subdivider, Richard C. Henschel, as owner; h. To construct said improve- ments, except sidewalks, prior to March 1, 1970, and to construct the sidewalks prior to March 1, 1972; and further provided that said Richard C. Henschel, as owner of said Subdivision, secure the per- formance of the foregoing condi- tions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Richard C. Henschel shall fail to execute the acceptance and furnish the security provided for in Sec- tion eation 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 11th day of March, A.D., 1968. Sylvester McCauley moor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 121-01 I, the undersigned, Richard C. Henschel, having read the terms and conditions of the foregoing resolution No. 121.68 and being familiar with the conditions there. of, hereby accept the same and agree to perform the conditions required therein. /s/ Richard C. Henschel To: Leo F. Frommelt, City Clerk. This is to certify that the secur- ity provided by the foregoing Reso. lution No. 121.68 has been furnish- ed by the owner. Dubuque, Iowa, March 20, 1968. /s/ Gilbert D. Chavenelle City Manager Councilman Meyers moved adop- tion of the resolution. Seconded 142 Special Session, March 11, 1968 by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Counchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 122-68 Accepting Delivery of Deeds for the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of .July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R-15. certain parcels of real estate by purchase; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the following described parcels of real estate in the Downtown Urban Re- newal Project, Iowa R-15 is here- by ratified and accepted by the City of Dubuque. Grantor: Dubuque Boys' Club, Inc. Deed dated February 20, 1968. Recorded in Book 194, Page 525. Property Description: City Lot 209 in the City of Dubque, Iowa, ac- cording to the United States Com- missioners' Map of the Town (now City) of Dubuque, Iowa (Parcel 1.2). Grantor: Helen A. Kies, a widow and not remarried. Deed dated February 20, 1968. Recorded in Book 194, Page 527. Property De- scription: Westerly 40 feet of Lot 218 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa (Par. cel 4-5). Grantor: Grand Opera House, an Iowa Corporation. Deed dated Feb. ruary 28, 1968. Recorded in Book 1.94, Page 696. Property Descrip. tion: Lot 25 in the City of Du- buque, Iowa, according to the United States Commissioners' Plat of the Survey of the Town (now City) of Dubuque, Iowa (Parcel 8.2). Grantor: Frank A. Fluckiger and Bernice H. Fluckiger, hushand and wife. Deed dated February 20, 1968. Recorded in Book 194, Page 526. Property Description: The Southerly 25 feet 6 inches of City Lot 239 in the City of Dubuque, Iowa, according to the recorded plats thereof, and according to the United States Commissioners' Map of the Town (now City) of Du- buque, Iowa (Parcel 10-5). Grantor: Adams Realty Corpora- tion. Deed dated February 27, 1968. Recorded in Book 194, Page 709. Property Description: l,ot 2 of the Subdivision of the South % of City Lot 67, in the City of Du- buque, Iowa, according to the Plat thereof in Book of Plats #21, page 148, records of Dubuque County, Iowa (Parcel 15.7). Section 2. That the recording of the respective deeds of convey- ance of title in the office of the Recorder in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 11th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. Communication of County -City of Dubuque Authority submitting a certified copy of the minutes of the meeting of the Board held on March 1, containing a copy of the Resolution adopted by the Board calling a special election on the bond proposition in connee• Special Session, March 11, 1968 143 tion with the proposeesentedda dread. Building, Pr Councilman Meyers moved that the communication and copy of minutes be received and filed. McCauley. Seconded by Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 123.68 Resolution Concurrinq in Action Taken to Call a Special Election on a Public Building Bond Prop- osition. WTIFRF.AS, the County -City of Dubuque Authority has heretofore been duly incorporated in the man- ner prescribed by Chapter 368 of the 19m Code of Iowa, as amended. and, under the provisions of said law, said Authority proposes that a site be acquired and prepared by the Authority in the area bounded by Fourth and Fifth Streets and Iowa and Main Street in the City of Dubuque, Iowa, and that a new public building be constructed, furnished and equip- ped on said site, to be owned and operated by said Authority and leased to the County of Dubuque, Iowa, and the City of Dubuque, Iowa, for their joint use, to pro- vide office space adequate to house the governmental activities of the County and City officials and other employees, a jail and courtrooms; and WHEREAS, the limit of the cost of this project is $6,500,000 and, in order to pay said cost, it is necessary that the County -City of Dubuque Authority issue its rev- enue bonds in that amount, said bonds to be paid solely and only out of the revenues to be derived from the leasing of said building to the County and City, all as au- thorized and provided for by Chap- ter 368 of the 1966 Code of Iowa, as amended. but under the terms of Section 36q65 of said Chapter 368, the proposition of igsuine said bonds must first be submitted to and approved by the voters; and WHEREAS, pursuant to a reso- lution adopted by the Board o Commisy- sioners of th( CounlCis of Dubuque Authority on the 1s day of March, 1968, a special elee tion has been called and ordered to be held on the Ath day of May, 1968, at which there has been ordered submitted to the voters of the County of Dubuque and City of Dubuque, Iowa, the following proposition, to -wit: Shall the County -City of Du- buque Authority issue and sell its revenue bonds in the prin- cipal amount of $6,500,000 for the purpose of acquiring and preparing a site in the City of Dubuque, Iowa, and acquiring, constructing, furnishing a n d equipping a public building thereon to be owned and oper- ated by said Authority and leas- ed to the County of Dubuque, Iowa, and the City of Dubuque, Iowa, for their joint use, the principal of said bonds and in- terest thereon to be paid solely and only out of the revenues to be derived from the leasing of said building to said County and City? and a certified copy of the Reso- lution adopted by the Board of Commissioners has been filed with the City Clerk and presented to and reviewed by this City Council. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, as follows: Section 1. That the City Council of the City of Dubuque, Iowa, hereby concurs in the action taken by the Board of Commissioners of the County -City of Dubuque Au- thority for the purpose of calling the aforesaid special election, and concurs in all such further action as may need to be taken to proper- ly conduct said election. Section 2. That all resolutions or parts of resolutions in Conflict herewith be and the same are hereby repealed. Section & That this resolution be in force and effect immediately upon its passage and approval. Passed and approved March 11, 1968. Sylvester McCauley Mayor Attest: f Leo F. Frommelt, City Clerk t Recorded: Dlarch 11th, 1968. Leo F. Frommelt City Clerk 144 Special Session, March 11, 1968 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, council- men Counchmen, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 12468 WHEREAS, applications for Beer Permits have ben submitted to this Council for approval and the same have been examined: NOW THERE- FORE, BE IT RESOLVED by the City Council of the City of Dubuque. Iowa, that the following applica- tions be granted and licenses be Lssued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT D.B.Q., Inc. 4th & Locust Street. Mrs. Alice H. Erschen, 2617 Uni- versity Avenue. Passed. adopted and approved this 11th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop• tion of the resolution, seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None, Absept—Councilman Schultz. RESOLUTION NO. 125.68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT D.B.Q., Inc., 4th & Locust Street. Mrs. Alice H. Erschen, 2617 Uni. versity Avenue. BE IT FURTHER RESOLVED that the bonds filed by such ap. plicants be and the same are here- by approved. Passed, adopted and approved this 11th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Preeler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. There being no further business Councilman Pregler moved to ad- journ. Seconded by Mayor Nle- Cauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent --Councilman Schultz. Leo F. Frommelt City Clerk Approved ... U(t,U Adopted .... ,uF$114..... x.•.1968. .... du_c "_ rouncilmen Atte • ••••••' ................................... City Clerk Special Session, March 18, 1968 145 CITY COUNCIL OFFICIAL Special Session, March 18, 1968. Council met at 7:30 P.M. (C.S.T.) Present --Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. City Manager Gilbert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of authorizing condemnation of certain parcels of real estate in the downtown urban renewal proj- ect Iowa R-15, and acting upon such other business as may prop. erly come before a regular meet- ing of the City Council. Mayor McCauley moved that the rules be suspended in order to let anyone address the Council if they so desire. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mr. Arnold Honkamp presented Mayor McCauley with a gavel and a letter holder. The gifts were graciously received and appreciat- ed by Mayor McCauley. Mayor Mc- Cauley was quick to mention that the gifts as presented by Mr. Hon- kamp represent a deep personal feeling as Mr. Honkamp carved and finished them by hand, which took much time and patience. March 18, 1968 To the Honorable Mayor and City Council Gentlemen: I submit for your consideration a letter of agreement between the City and the Iowa League of Mu- nicipalities covering systems work to be done for the City. I recommend that the Mayor and City Clerk be authorized to execute the agreement. Respectfully, Gilbert D. Chavenelle City Manager Mr. Tom Rice of the State Office Of Planning & Programming and Bob Hays of the Iowa League of Municipalities described the pro- posed design and testing of a financial reporting system cover- ing all aspects of the fiscal process as the local level. The total es- timated cost of the project would be $110,000. All would depend on the participation of the Federal Government. Councilman Pregler moved that the Mayor and Clerk be author- ized to sign the agreement. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—Councilman Schultz. March 13, 1968 Mayor Sylvester McCauley and Members of the City Council Gentlemen: The League of Iowa Municipal- ities, in cooperation with the ap- propriate state and federal agen- cies, proposes to undertake the design and testing of a financial reporting system covering all as. pects of the fiscal process at the local level and integrating this with other local and state report. ing systems. Specifically, the work proposed will involve the following: —A determination of reporting requirements based on a com- prehensive analysis of current programs of the City of Du- buque and their relationship to programs of the state. —A review and analysis of state legislation, administrative regu- lations, and other controls gov- erning local fiscal reporting. —An examination of fiscal re- porting at the state level for current and future needs and requirements for planning, pro. gramming and budgeting. —The survey of other local units within the Dubuque area whose operations affect or are related to local fiscal reporting for that area. --A survey of the capabilities of the City of f for modern provide d machinery r system ac- counting and reporting Y to meet planning and program- ming requirements for intergov- ernmental purposes. 146 Special Session, March 18, 1968 —Design of a detailed budgetary, accounting and reporting system to meet requirements outlined above which would also be ca- pable of adaptation to all units of government within Iowa. In the design of the system em- phasis would be placed on pro- gram r e p o r t i n g, appropi iate managerial controls, and the use of reporting procedures to enhance planning and opera- tional decision-making at the local as well as the state level. —Implementation and testing of this system including: -Development of appropriate manuals of procedure. -Creation of appropriate sys- tems for input and output transmittals. -Development of appropriate hardware and software re- quirements at the local level. -Implementation and test runs of reports determined in the above process. —Review, analysis and modifica. tion of procedures, based on the testing of the system with em- phasis on its ability to meet local needs and adaptability re- quirements for reporting by all local units in Iowa. Special consultants, well versed in financial, program and plan- ning reporting will be retained for the system design, the estab- lishment of procedures, and for the review of the prototype op- eration as are appropriate. The total estimated cost of ac- complishing the above work is $110,000. For the above it is agreed that the City of Dubuque will reim- burse the League of Iowa Mu- nicipalities an amount not to ex. ceed 1/1 ($37,000) of the total project cost provided, however, that in the even the anticipated federal grant is not approved this agreement shall be of no force or effect. This project will be under the guidance and direction of the State Office for Planning and Programming to assure coordina. tion with all other phases of the state planning program currently underway. Respectfully submitted, League of Iowa Municipalities by R. E. Hays Assistant Director Accepted March 18, 1968 by Sylvester McCauley, Mayor Attest: Leo F. Frommelt, City Clerk Communication of Mrs. Allen Kane, Secretary of Nativity School Parent Teacher Assn. expressing her gratitude for the installation of the traffic lighting system in. stalled for the benefit of Nativity and Lincoln school children at University & Nevada, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Illinois State Legislative Board B.L.F. & E. ex- pressing thanks for cooperation on the part of the City in restor- ing service of Burlington train No. 23, between Chicago & Min- neapolis, on Fridays and Sundays only, presented and read. Council- man Pregler moved that the com- muication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. March 18, 1968 To the Honorable Mayor and City Council Gentlemen: I submit for your consideration a letter from Mr. Joseph Link dated March 13th and a proposed agreement for city sewer service to the Table Mound School. I recommend that the Mayor and City Manager be authorized to exe. cute the proposed agreement with the Dubuque Community School District. Respectfully, Gilbert D. Chavenelle City Manager Special Session, March 18, 1968 147 Councilman Pregler moved that the petition for the sewer be de- nied. Motion was lost for lack of a se c o n d. Councilman Pregler thought that a guarantee of an- nexation should be given. Mayor McCauley moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Schultz. Nays—Councilman Pregler. RESOLUTION NO. 12668 WHEREAS, it is proposed to grant the Dubuque Community School District the right to theex- tension of sanitary sewer from the Catfish Creek interceptor sanitary sewer line to the Table Mound Elementary School; and WHEREAS, the City Council has deemed the granting of such right to the Dubuque Community School District to serve the Table Mound Elementary School as an emergen- cy measure to relieve a public fa- cility; and WHEREAS, the City Council re- affirms its position not to grant permission to extend sanitary sew- er lines or water mains beyond the corporate limits of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That any and all un- executed or unexercised right or permission heretofore granted by the City Council of the City of Dubuque, Iowa, to any person, firm or corporation to construct sanitary sewers and water mains or to con- nect or extend such sanitary sew- ers and water mains beyond the existing corporate limits of the City of Dubuque be and the same is hereby rescinded and of no further force or effect. Passed, approved and adopted this 18th day of March, 1968. Sylvester McCauley Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adoption A the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Schultz. Nays—Councilman Pregler. March 18, 1968 To the Honorable Mayor and City Council Gentlemen: The attached petition was re- ceived for a street light in the vicinity of 1370 Kelly Lane. The location was viewed by the City Electrical Inspector and it is recommended that a 175 watt mercury vapor light be placed at the east property line of 1390 Kelly Lane. Respectfully, Gilbert D. Chavenelle City Manager Mayor McCauley moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. 13 March, 1968 The Honorable Mayor and Members of the City Council Gentlemen: Submitted for your approval is a list of names of persons who will serve as Clerks and Judges of the City of Dubuque, Iowa Special Election to be held on April 9, 1968. FIRST PRECINCT: C. Mary Lou Brannon, 1595 S. Grandview C. Louise Rafoth, 964 Mt. Loretta J. Grace Tigges, 425 English Lane J. Veturia Ruden, 1274 Adeline J. Vivian White, 263 Valley SECOND PRECINCT: C. Helen Sisler, 2220 Marion C. Elsie Gill, 40Frem120 Ave. J. Betty Lang- worthy J. Dorothy Kline, 1867 Grace J. Elizabeth Welter, 63 Nevada THIRD PRECINCT: C. Anna Kingsley, C. Edna Wunderlich, 608 Feneloa 148 Special Session, March 18, 1968 J. Viola Rettenmeier, 175 Cardiff J. Mary Greener, 180 Cardiff J. Grace Browne, 604 Fenelon Pl. FOURTH PRECINCT: C. Lucille Hantelmann, 556 West 7th C. Emma Osborn, 495 West 5th J. Laura Barry, 674 West 7th J. Kay McEvoy, 784% Wilson Ave. J. Rose Beddow, 565 Fenelon Pl. FIFTH PRECINCT: C. Grace Chambers, 125514 Uni- versity C. Mary J. Nebel, 7151.4 Alta Vista J. Florence Willoughby, 365 Hill J. Betty Vogel, 1185 Center Place J. Jane Siegert, 657 Alta Place SIXTH PRECINCT: C. Mildred Cords, 1655 Auburn C. Dorothy Blum, 1456 O'Hagen J. Grace Stevens, 1445 Auburn J. Verda Bottoms, 1540 N. Algona J. Evelyn Zwack, 1330 Nowata SEVENTH PRECINCT: C. Marianne Justmann, 1129 Iowa C. Mary Clemens, 11101/2 Iowa J. Leo Feller, 1199 Central J. Veronica Melssen, 1389 Elm J. Hulda Lucas, 1259 Washington EIGHTH PRECINCT: C. Jane Fuhrmann, 530 Wilbur Lane C. Julaine Sweeney, 1298 Bel - mond J. Ann Hubbard, 970 Grove Ter- race J. I.eota Kuntz, 5101/2 Chestnut J. Frances Heles, 560 Loras Blvd. NINTH PRECINCT: C. Geneva Knapp, 1623 Washing- ton C. Helen Jestel, 1466 Jackson J. Emma Hinz, 1402 Maple J. Irene Kelly, 16461/2 Central J. Kathleen Kruse, 1791% Cen- tral TENTH PRECINCT: C. L o r e t t a Kammueller, 1691 Main C. Mary Behr, 1491 Main J. Joann Smith, 601 Angella J. Lillian Fettkether, 326 W. Lo- cust J. Ann Haupert, 809 Clarke Drive ELEVENTH PRECINCT - C. Hilda Kempter, 2125 Kleine C. Eleanor Pfiffner, 515 Kauf. mann J. Linda Grashorn, 120 Kaufmann J. Rita Welsh, 380 Lowell J. Alice Skinner, 330 Lowell TWELFTH PRECINCT: C. Ida Bich], 2425 Division C. Viola Meyers, 2521 Jackson J. Bertha Knoernschild, 130 W. 23rd J. Willard Wimmer, 2231% Fran- cis J. Pearl Sartor, 2227 White THIRTEENTH PRECINCT: C. Mabel Essman, 2930 Jackson C. Freda Foell, 2915 ,Jackson J. Viola Campbell, 2820 North- ridge J. Veronica Schueller, 2886 Wash- ington J. Marie Welu, 2764 Broadway FOURTEENTH PRECINCT: C. Amanda Millius, 2020 Kniest C. Loretta McAndrews, 704 Lin- coln J. Grace Sitterly, 555 Clinton J. Betsy Hauswirth, 2735 Burden J. Lucille Murphy, 3116 Bruns- wick FIFTEENTH PRECINCT: C. Helen Pape, 917 Rhomberg Ave. C. Leona Jochum. 1010 Garfield J. Gertrude Ihrcke, 3251 Roose- velt J. Mary Burdt, 1308 Rhomberg Ave. J. Viola Sjobakken, 11751/2 High Bluff SIXTEENTH PRECINCT: C. Helen Schetgen, 3448 Crest- wood C. Melita Buenker, 2868 Illinois J. Florence Cords, 2133 Broad - lawn J. Barbara Vandenberg, 3663 As- bury J. Marge Kersch, 3030 Pennsyl- vania J. Marion Doeden, 2059 Deborah Dr. Respectfully submitted, Leo F. Frommelt City Clerk Councilman Pregler moved that the list be received and filed and made a matter of record. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Special Session, March 18, 1968 149 ORDINANCE NO. 19-68 An ordinance designating and making real estate hereinafter described part of the second voting precinct in the City of Dubuque, Iowa, presented and read. Councilman Pregler moved that the reading just had be consid- ered the first reading of the Ordi- nance. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 19-H GING REAL INANCE DESTATE TIHEREING NAFTER DESCRIBED PART OF THE SECOND VOTING PRECINCT IN THE CITY OF DUBUQUE, IOWA. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described real estate be and the same Is hereby designated and made apart of the Sec- ond Voting Precinct In the City of Du- buque, Iowa, which real estate Is de- scribed as follows, to -wit: Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 511 In Table Mound Township, Dubuque County Iowa, Lot 1 of Lot 1 of Lot 2 of Loi 1 of Lot 1 of Mineral Lot 511 In Table Mound Township, Dubuque County, Iowa, Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 510 in Section 2, Township 88 North. Range 2 East of Sth Principal Meridian, being in Table Mound Towmhip, Dubuque County, Iowa, according to the recorded plat thereof, all of which real estate Is now In the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of March. 1968. SYLVESTER McCAULEY Mayor WALTER A. PREGLER MERLIN F. SCHUL-TZ DONALD R. MEYERS GAYLORD M. COUCHMAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 21st day of March, 1968. Leo F. Frommelt City Clerk It 121 Councilman Pregler moved adop- tion of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO, 20.68 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 classify recently annexed ter- ritory to the City of Dubuque, Iowa as a "heavy industrial district" classification. presented and read. Councilman Couchman moved that the reading just had be con. sidered the first reading of the ordinance. Seconded by Council- man Pregler. Carrier; by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. 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 Meyers. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Couchman moved that a public hearing be held on the Ordinance on April 22, 1968,. at. 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Curtis -Straub Co. re- questing permission to excavate in Delhi street between University & Forest Lane, presented and read. Councilman Schultz moved that the petition be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Zephyr Aluminum Products Inc. requesting permis- sion to construct a marquee at 2206 Central which would extend eight feet over the walk rather than the allowable seven feet, pre- 150 Special Session, March 18, 1968 sented and read. Councilman Mey- ers moved that the petition be granted subject to approval of the Building Commissioner. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 127.68 RESOLUTION ACCEPTING DE- LIVERY OF GRANT OF COR- RECTED IRREVOCABLE PERMIT EASEMENT FOR FLOOD PRO- TECTION WORKS. WHEREAS, The A s p e r m o n t Company has executed and deliv- ered to City of Dubuque, Iowa, a grant of corrected irrevocable per- mit in, on, over, and across the following described real estate, to wit: Property appurtenant to and lying easterly of vacated Pine Street and Lots 3 through 10 in Block 3 in DUBUQUE H A R B O R IMPROVEMENT CO'S. ADDITION, in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of corrected irrevocable permit to City of Dubuque, Iowa by The As- permont Company dated the 12th day of March, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of corrected irrevocable permit to be recorded in the office of the Recorder in and for Dubuque County, Iowa, togeth- er with this Resolution. Passed, adopted and approved this 18th day of March, 1968, Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 128-68 Resolution Approving Amended Agreement Between City of Du- buque, Iowa, and the Aspermont Company WHEREAS, the City of Dubuque has undertaken negotiations with The Aspermont Company in con- nection with the construction of the Dubuque Flood Control Proj- ect; and WHEREAS, the said City of Du- buque, Iowa, and The Aspermont Company are in agreement as to the rights and interests of the said City of Dubuque and The Asper- mont Company in connection with the real estate on which said flood project is to be situated; and WHEREAS, the said City of Du- buque, Iowa, and The Aspermont Company have reduced the agree- ment to writing and which agree- ment has been amended pursuant to agreement of parties herein and a copy of which amended agree- ment is hereto attached and mark- ed Exhibit "A" and which should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement, which as been amended, between the City of Dubuque, Iowa and The Aspermont Company, a copy of which is hereto attached, be and the same hereby approved, ratified and confirmed. Section 2. That the City Clerk be and he is hereby authorized and directed to file said amended agreement together with a certified copy of this resolution in the of- fice of the recorder in and for Dubuque County, Iowa. Special Session, March 18, 1968 151 Passed, adopted and approved this 18th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. S2conded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. directed to record a certified copy hereof in the office of the Dubu- que County Recorder. Section 3. That the execution of City Attorney's certificate as to "Supplement No. 1 to Right -0f - Entry," marked Exhibit "B" and hereto attached, executed by R. N. Russo, City Attorney, be and the same is hereby approved, ratified and confirmed. Passed, approved and adopted this 18th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman RESOLUTION NO. 14968 WHEREAS, the City of Dubuque, Iowa, is required to grant to the United States of America, et al, permission to enter upon the lands, easements, rights-of-way, and other properties of said City in connec- tion with the Dubuque Flood Pro- tection Project; and WHEREAS, the City Attorney is required to execute- a certificate as to right-of-way in connection with the Dubuque Flood Protection Project; and WHEREAS, by reason of certain changes "Supplement No. 1 to Right -of -Entry" be and the same are hereby approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the grant to the United States of America, its offic- ers, employees, agents, successors and assigns and the Government contractors, their officers, em- ployees, agents, successors and as- signs, the right of entry on lands, easements, rights-of-way and other properties of said City as more fully set out in Exhibit "A" at- tached hereto entitled "Supplement No. 1 to Right -Of -Entry" be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and di- rected to execute the same for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and Attest - Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz. Nays — None. CITY OF DUBUQUE, IOWA MISSISSIPPI RIVER AT DUBUQUE, IOWA LOCAL FLOOD PROTECTION PROJECT SUPPLEMENT NO. 1 TO RIGHT -OF -ENTRY WHEREAS, on 4 March 1988. the City of Dubuque, acting by and through its Mayor, executed a "Right -of -Entry" granting the United States of America permis- sion to enter upon the lands, rights-of-way and other properties of said City for the purpose of constructing a local flood protec- tion project; and WHEREAS, the rights-of-way were described therein by refer- ence to right-of-way drawings by number, date, and last revision date; and WHEREAS, right-of-way Draw- ings Nos. 12 -FC -9 and 12 -FC -10, last revised on 5 September 11967 and 29 February 1968, respective- ly, were further revised on 13 March 1968 to show the change in location of a certain sewer to be constructed in connection with the subject project; 1.52 Special Session, March 18, 1968 NOW THEREFORE, the said "Right -of -Entry" executed by the City of Dubuque on 4 March 1968 is hereby amended to reflect the deletion of certain sewer right.of- way as shown on Drawing No. 12 - FC -10 and to include the added right-of-way needed for sewer as shown on Drawing No. 12-F'!-9, both drawings last revised on 13 March 1968. IN WITNESS WHEREOF, the City of Dubuque, County of )u- buque, State of Iowa, has cat ;ed its corporate name to be herei ato signed by its Mayor, attested ti by the City Clerk, and the corpc ,ate seal of said City of Dubuque, ` tate of Iowa, to be affixed hereto this 18th day of March, A.D., 1968. (SEAL) CITY OF DUBUQUE, IOWA By Sylvester McCauley Its Mayor Attest: Leo F. Frommelt City Clerk CITY OF DUBUQUE, IOWA MISSISSIPPI RIVER AT DUBUQUE, IOWA LOCAL FLOOD PROTECTION PROJECT SUPPLEMENT NO. 1 TO ATTORNEY'S CERTIFICATE AS TO RIGHT-OF-WAY I, R. N. Russo, certify that I am the Attorney for the City of Dubuque, County of Dubuque, State of IOWA, and that on 4 March 1968 I executed the "At- torney's Certificate as to Right -of - Way" in connection with the con- struction of a local flood protection project designated Mississippi Riv- er at Dubuque, Iowa, Local Flood Protection Project. By said "Attorney's Certificate as to Right -of -Way," I certified that the City had obtained certain right, title and interest in and to the lands shown by color legend on the drawings therein referred to. Subsequently, Drawings Nos. 12 -FC - 9 and 12 -FC -10 were revised on 13 March 1968 to reflect a change in location of a new sewer to be con- structed in connection with said Project. I have therefore made a further title examination of the lands needed for construction of said project, as shown on said re- vised right-of-way drawings. As a result of said examination, I hereby amend my "Attorney's Certificate as to Right -of -Way," dated 4 March 1968, to certify that the City of Dubuque is vested with the necessary right, title and inter- est in and to the lands shown col. ored in purple on Drawing No. 12 - FC -10 to grant permission to the United States and its contractors to enter upon said lands for the pur. pose of constructing a new sanitary sewer and appurtenances. Signed and dated at Dubuque, Iowa, this 18th day of March, A.D., 1968. R. N. Russo, City Attorney RESOLUTION NO. 130-68 Resolution Accepting Delivery of Deed from Fieldon Atchison and Mary Jo Atchison, Husband and Wife. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of deed conveying to the City of Dubuque, Iowa, the property hereinafter de- scribed from Fieldon Atchison and Mary Jo Atchison, husband and wife, which real estate is described as follows, to wit: Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 511 in Table Mound Township, Dubuque County, Iowa, be and the same is hereby ap- proved and delivery of said deed be and the same is hereby ac- cepted. Section 2. That the said real es- tate hereinabove described shall be designated and used for street purposes. Section 3. That the City Clerk be and he is hereby authorized and directed to record said deed in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 18th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Special Session, March 18, 1968 153 Councilman Meyers moved adop- don of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Charles Scherrer as president -Manager of the Canfield Hotel requesting permission to ad- dress the Council at this meeting, March 18, 1968, presented and read. Councilman Pregler moved that the petition be received and filed, Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Mr. Scherrer addressed the Council in behalf of the Canfield Hotel trying to receive a firm com- mitment as to parking of his hotel guests when some of his property on Iowa street will be taken over by Urban Renewal. Mr. Scherrer requested that some area in Ur- ban Renewal, close to the hotel, would be made available to him for purchase, to be used as a park- ing lot. The Council agreed to meet with Mr. Scherrer on Thursday, March 21, 1968, at 4:15 P.M. at the Can- field Hotel, to view the grounds. RESOLUTION NO. 131.68 Authorizing the Condemnation of Certain Parcels of Real Es. tate in the Downtown Urban Re- newal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America 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 such contract and to implement the Urban Renewal Plan for the Project Area deems it necessary and in the public inter- est that the property hereinafter described be acquired; and WHEREAS, all attempts by the Department of Urban Renewal of the City of Dubuque to negotiate with the owners for the purchase of the following described property have failed; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the following de- scribed real estate owned by the persons to indicated be and the same should be acquired to imple- ment the Urban Renewal Plan for the Downtown Renewal Project, Iowa R-15. O w n a r: Anthony Rhomberg. Property Description: City Lots 212 and 213 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof (Parcel 14) Owner: R & S Investment Corp. oration. Property Description: City Lots 214, 215 and 215A in the City of Dubuque, Iowa ccording to the United States Commissioners' Map thereof (Parcel 4-2) Owner: Milton J. Kluck and Es. ther E. Kluck. Property Descrip- tion: The North % of City Lot 216 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof (Par- cel No. 4-3) Owner: Dubuque County Ab- stract do Title Company. Property Description: The easterly 40 feet of City Lot 218 in the City of Du- buque. Iowa, ccording to the Unit- ed States Commissioners' Map of the town of Dubuque, Iowa (Parcel 4-7) O w n • r: Anthony Rhomberg. Property Description: The North 38 feet 51/4 inches of Lot 219 in the City of Dubuque, Iowa, accord- ing to the United States Commis- sioners' Map thereof (Parcel 7-2) Owner: William S. Sheppley. Property Description: The South 12 feet 10 inches of Lot 219 and all of Lot 220 in the City of Du- buque, Iowa, according to the Unit- ed States Commissioners' MAP thereof (Parcel 7.3) Owner: Anthony Rhomberg, Property Description: Lot 224 and the North 21 feet 3 inches of Lot 225 in the City of Dubuque, Iowa, ccording to the United States Com- missioners, Map thereof (Parcel 10 - owner: Canfield Hotel, Inc. Prop- erty Description: Lot 233 and South 25 feet of City Lot 232 in the City of Dubuque, Iowa, according to 154 Special Session, March 18, 1968 the United States Commissioners' Map thereof (Parcel 13-3) Section 2. That the Director of the Department of Urban Renewal for the City of Dubuque, Iowa, be and he is hereby directed to cause condemnation proceedings be in- stituted as is provided by law to acquire said real estate hereinbe- fore described, and the said Di- rector of the Department of Urban Renewal is hereby authorized to do any and all things necessary and requisite to such condemnation proceedings. Passed, approved and adopted this 18th day of March, 1968. Sylvester M. McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor McCauley moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers. Pregler. Nays—Councilman Schultz. Mr. Wm. S. Sheppley of 666 Iowa Street, owner of property in the Urban Renewal area took issue with the content of the resolution authorizing the condemnation of certain parcels of real estate, wherein it states that negotiations with the owners for the purchase of property have failed. Mr. Shep- pley asserted that there were no negotiations relative to his proper- ty. Mr. Gent Wittenberg related to the Council that proper and ne- gotiable contact had been made with Mr. Sheppley by Mr. Klein who is the real estate representa- tive of the Urban Renewal office. RESOLUTION NO. 132.68 PRELIMINARY ESTIMATE AND APPROVAL of plans and specifi- cations, form of contract, and all other documents for the construc. tion of City of Dubuque Civil De- fense Warning Siren Fire Station No. 2, at an estimated cost of $3,300, presented and read. Councilman Meyers moved adop. tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 133.68 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the City of Dubuque Civil Defense Warning Siren Fire Station No. 2. 1310 IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein -mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be seemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Public Safety Civil Defense Fund No. 150. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 18th day of March, 1968. Approved and placed on file for final action. APPROVED: Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Special Session, March 18, 1988 155 Councilman Couchman moved approval of the rasoluti011. Second. ed by Councilman Meyers. Carried by the following vote: Yeas -- Mayor McCauley, Coun. cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (Ordering Construction) RESOLUTION NO. 134-68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a Resolu- tion of Necessity No. 133.68 which was duly passed by this Council for the City of Dubuque Civil Defense Warning Siren Fire Station No. 2 be and the same are hereby order- ed and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Public Safety Civil Defense Fund No. 150. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, this 18th adopted and approved day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. (Fixing Data of Hearing) RESOLUTION NO. 135.68 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the City of Dubuque Civil Defense Warning Siren Fire Station No. 2. BE rr THEREFORE RESOLVED that on the 15th day of April, 1968 a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is here- by directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned im- provement. Passed, adopted and approved this 18th day of March, 1988. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Special Session, March 18, 1968 Mr. Robert Runde of 2825 Indi- ana Ave., expressed concern as to the indecision on the part of Ur- ban Renewal as to the Metal Trades Building at 6th & Iowa Street. It seems that they are will- ing to move and build new head- quarters but are not able to do so until they find out what Urban Renewal will pay for their present headquarters at 6th & Iowa. Mr. Gent Wittenberg explained to the Council, in answer to Mr. Runde's inquiry, that they are waiting for a final approval of the negotia- tions from the Urban Renewal Chi- cago office. There being no further business Councilman Meyers moved to ad- journ. Seconded by Mayor McCau- ley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved ...AU6, US,t 121968. Adopted .. AUAgAS t ,,1968. ............1.....2, RC.. . .............. ........... ... ............................................................ Councilmen ALP City Clerk Special Session, March 25, 1968 City Dubuque, above Iowa, Resolution certify that Was duly passed and adopted by the City of Dubuque, Iowa, on the 25th day of arh, 1968, callofc yeas and ynays the following recorded hereon. (Yeas) Sylvester McCauley, Mayor Gaylord M. Couchman Donald R. Meyers Walter A. Pregler Merlin P. Schultz Councilmen (Nays) None Members of the Council Absent or Not Voting None Leo F. Frommelt City Clerk of Dubuque, Iowa Approved and Agreed to this 17th day of April, 1968. IOWA STATE HIGHWAY COMMISSION By C. B. Anderson Title Urban Eng, Mayor McCauley moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Dlayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. March 4, 1968 Honorable Mayor & Council Members Gentlemen: The City Planning and Zoning Commission has reviewed t h e final plat of Block 10 and 11 of Churchill Heights. It is the recommendation of the Commission that the plat be ap- proved. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson Director of Planning Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None, RESOLUTION NO. 137.68 Resolution approving the plat of Block 10 and Block 11 in "Churchill Heights in the City of Dubuque, lows WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 10 and Block 11 in "Churchill Heights" in the City of Dubuque, Iowa, by Dick Loetscher Inc.; and WHEREAS, upon said plat ap- pear streets to be known as St. Anne Drive and Eden Lane, to- gether with certain public utility casements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relat- ing thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of St. Anne Drive and Eden Lane, together with the easements for public utilities as the same appear upon said plat. be and the same are hereby accepted; Section 2. That the plat of Block 10 and Block 11 in "Churchill IIeights" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, ex- ecute t h e i r written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface St. Anne Drive and Eden Lane with bituminous concrete, or with concrete paving with in- tegral curb, all in accordance 162 Special Session, March 25, 1968 with City of Dubuque standard I roll call this 25th day of March, specifications; I A.D., 1968. S 1 t M C b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and wa- ter service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City En- gineer and the City Manager; f. To construct the foregoing im- provement in accordance with plans a n d specifications ap- proved by the City Manager, under the inspection of the City Engineer, and in a manner ap- proved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Du- buque, Iowa; h.To provide the foregoing con- struction and maintenance at the sole expense of the Sub- divider, Dick Loetscher, Inc., as owner; i. To construct said improvements, except sidewalks, prior to April 1, 1970, and to construct the sidewalks prior to April 1, 1972; and further provided that said Dick Loetscher, Inc., as owner of said Subdivision, secure the per- formance of the foregoing condi- tions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Dick Loetscher, Inc., shall fail to execute the acceptance and fur- nish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded y ves er c auley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF rESOLUTION NO. 137.68 Dick Loetscher Inc., having read the terms and conditions of the foregoing RESOLUTION NO. 137- 68, and being familiar with the contents thereof, hereby accepts the same and agrees to perform the conditions therein as required. DICK LOETSCHER INC. By /s/ Richard A. Loetscher, Pres. March 25, 1968. To: Leo F. Frommelt, City Clerk. This is to certify that the se- curity requested by the foregoing RESOLUTION NO. 137.68 has been provided by the owners. Dated: May 8, 1968. /s/ Gilbert D. Chavenelle City Manager. Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of public hearing and notice of pendency of resolution of Necessity for the proposed construction of Dubuque Municipal Swimming Pool Bath- house Renovation project, present- ed and read. Councilman Meyers moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. No written objections were fi and no oral objectors were P ent in the Council Chamber at time set for the hearing. Special Session, March 25, 1968 1 yi CITY COUNCIL OFFICIAL Special Session, March 25, 1968. Council met at 4:30 P.M. (C.S.T.) Present — Mayor McCauley, Councilmen Couchman, Meyers, Pregler, Schultz, City Manager Gilbert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering the City Manager's re- quest for procuring design for construction of a proposed Iowa Street Parking Ramp and also de- termining the results of bids for construction of the proposed Mu- nicipal Swimming Pool Bathhouse Renovation Proiect and further acting upon such other business as may properly come before a regular meeting of the City Coun- cil. March 22, 1968 To the Honorable Mayor and City Council Gentlemen: I submit for your consideration a preliminary cost estimate of the first stage of construction of a proposed Iowa Street Parking Ramp and a contract with De Leuw, Cather and Company for engineering and design services. I request that the Council ap- prove procuring the design for the proposed ramp and the design, specification, and bid forms for the first stage of its construction, and that the City Manager be au- thorized to execute the contract with the De Leuw, Cather Com- pany for these services. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. PRELIMINARY ESTIMATE OF CAPITAL COST 55,000 FIRST STAGE OF CONSTRUCTION IOWA STREET PARKING RAMP DUBUQUE, IOWA Signs and Traffle Control Cost of Construction Parking Lot Improve- Structural ments ............................ Concrete slab, girders Total Construction columns, parapet Cost ...................... and curb .................. $131.600 Retaining Walls ........ 46,000 Reinforcing Steel ...... 57,300 Excavation, Grading Land................................ and Ground Slab ... 50,800 Pile Foundations and Footing Slab* ........ 51,300 Sub-Total—Structural $337,000 Architectural Treatment 55,000 Electrical ........................ 19,000 Mechanical ...................... 13,000 Signs and Traffle Control 8,000 Parking Lot Improve- ments ............................ 18,000 Total Construction Cost ...................... $450,000 Engineering and Contin- gencies ........................ 90,000 Legal and Financing .... 21,000 Land................................ 159,000 Total Capital Cost .... $720,000 *South Portion only. Add $55,000 to cover entire site. Councilman Pregler moved that the rules be suspended in order to let anyone address the Council if they so desire. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Mr. James Sagg of DeLeuw Ca- ther explained to the Council at length what they could expect in the construction of the proposed ramp. The 600 car ramp would be two blocks long on the west side of Iowa street from Sixth to Eighth Streets. First stage of construction would include development of sur- face parking the full length of the site, plus a second tier on the south half.. The first stage estimat- ed cost would be $450,000, out footings and piling for the north half. The soil findings are similar to what was experienced in construction of the Eighth 158 Special Session, March 25, 1968 Street parking ramp, which called for deep piling. The first stage would accomodate 300 cars. The City would purchase the land with Federal Urban Renewal grants ev- en if the ramp was not planned. Mayor McCauley moved that the Manager be authorized and in- structed to proceed with execution of the contract and design plans. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Communication of Carl W. Heathcote, as a member of the Technical Advisory Committee, in- dicating dissatisfaction as to not being advised of the proposal by the League of Iowa Municipalities covering the expenditure of $37,000 by the City as its share of a program to integrate State and City accounting and reporting functions, presented and read. Ma. yor McCauley moved that the com- munication be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. Notice of claim of Dennis Teig of 1163 highland Place, in the amount of $206.34, for damage to his car, as a result of being towed away from its parking place by the City on February 15, 1968, pre- sented and read. Councilman Mey- ers moved that the notice of claim be referred to the City Solicitor for investigation and report. See. onded by Councilman Pregler. Car. ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. Communication of Dubuque Building Code Committee submit. ting an Ordinance revising the Building Code to allow for present day large development building planning and further allow the builders a choice of plan layout and still protect the people and properly for safety of occupants and fire protection, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 21.68 An Ordinance Amending the Building Code, Ordinance No. 56-61 of the City of Dubuque, Iowa, by repealing Subsection (e) 1 and (e) 2 of Section 504. area restrictions, Article 5 thereof and enacting a new Sub- section (e) 1 and (e) 2 Section 504, area restrictions, Article 5 in lieu thereof, to establish limi- tations on size of buildings, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor McCauley. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Meyers moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 21.68 An Ordinance amending the Building Code, Ordinance No. 56-61 of the City of Dubuque, Iowa, by repealing subsec- tion (e) 1. and (e) 2 of Section 504, Area Restrictions, Article 5 thereof and enact- ing a new sub -section ((e)) 1. and (e) 2 Section 504. Area RestrlclIons, Article 5 In lieu thereof, to establish limitations on size of bul'dings. Be It Ordained by The City Council of Dubuque, Iowa: Section 1. That sub -section (e) 1 and sub -section (e) 2 of Section 504. Area Pestrictions, Article 5 of the Building Cede of the City of Dubuque, Iowa, Or- dinance No. 56-61 be and the same are hereby repealed and new sub -sections (e) 1 and (e) 2 of Article 5 be enacted In lieu thereof as follows to wit: Sub -Section (e) 1 of Section 504, Area Restrictions. (e) 1. Buildings of non- combustible construction, erected within the fire limits of the municipality, shall not exceed 10 DDO square feet for one and two story buildings or 6,000 square feet for buildings over two stories In height, except when provided with an approved automatic sprinkler system, the area may be Increased 200%. Sub -Section (e) 2 of Section 504. Area Restrictions. (e) 2. Buildings of non-com- Special Session, March 25, 1968 tent In width, except that is closer one well of feettoanotheraanoither Or feet e t one swe 1 ,hall be of three hour fire resistance rating. Buildings over two stories In height the arae shall not exceed 61000 square feet, except when 4rovided with the aareav MAayutobe increased Section 2. The Ordinance shall be In full force and effect from and after Its fiinalbrpalaw9eprovldeAdoption and Publication Introduced the 25th day of March. 1968. Rule requiring reading on three sepa- rate days suspended by unAnimvus vote on the 25th day cf March, 1968 passed by recorded roll call vote, adopted and approved this 25th day of March. 1968. SYLVESTER MCCALIL.EMAYor WALTER A. PREGLER MERLIN F SCHU: TZ DONALD R. MEYERS GAYLORD M. CO CHMCouncAN men ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald newspaper this 291h day of Marcn, 1961 Leo F. Frommelt City ClerK it. 3.29 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 22-68 An Ordinance Amending and 'hanging Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change the East 60 feet of Lot 2 of Lot 6-F; the East 60 feet of Lot 2 of 4•13, and the East 60 feet of Lot 2 of 1 of 4-D, all in L. H. Langworthy Addition in the City of Dubuque, Iowa, from "Multiple Family Residence District' classification to "Business District' classifica- tion, Presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor McCauley. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz, Nays—None. Councilman Couchman moved that the rule be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Couchman moved that a public hearing be held on the Ordinance on April 22, 1908, at 7:30 P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman. Meyers, Preg- ler, Schultz. Nays—None. Petition of Peoples Natural Gas Co. requesting permission to ex- cavate on 13th Street near Wash- ington Street, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Dubuque Assn. of Life Underwriters requesting per- mission to designate the week of April 27th to May 4th as Life In- surance Week to familiarize citi- zens with "Medic Alert," presented and read. Councilman Pregler moved that the petition be re- ferred to the Mayor and City Man- ager. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of John Carter et al ob- jecting to a nuisance in existence on the property of Vernon Van Cleve of 2542 Marywood, due to the residency of five ponies, pre- sented and read. Councilman Schultz moved that the petition be referred to the City Manager. Sec- onded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, COurH oilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. 160 Special Session, March Z5, 1968 City Sanitarian LaVerne Goerdt informed the Council that his de. partment has been working with Mr. Van Cleve as to the housing of ponies on his property. Mr. Van Cleve has been served his five day notice as to the elimination of the general nuisance caused in the neighborhood and Mr. Goerdt has been assured one hundred per cent cooperation by Mr. VanCleve. Petition of Dubuque Board of Realtors requesting the appoint- ment of Thomas A. Voelker, to fill the vacancy which now exists on the Board of Zoning Adjustment, presented and read. Councilman Schultz moved that the petition be referred to the Council. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Dubuque Industrial Development Corporation advising the City that they are ready to exercise their option for the pur- chase of Lot 2 of 2 of Block 6 in Riverfront Sub. No. 3, under the terms of an agreement dated Feb- ruary 22, 1967, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and City Solici- tor for proper proceedings. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Merlin Apel request- ing a refund of $25. on the unex- pired portion of cigarette license No. 1, as he has discontinued bus- iness on March 19, 1968, presented and read. Councilman Schultz moved that the petition be grant- ed and the Auditor instructed to to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. To the Honorable and City Council Gentlemen: I submit for Resolution from March 21, 1968 Mayor Your approval a the Iowa State Highway Commission requesting permission to move the Baptist Church driveway located just west of the southbound exit ramp from U.S. 61 on South Grandview Ave. nue from its present position to a point 50 feet west. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Council. man Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. I.S.H.C. Resolution No. 68-F-032 County Dubuque Project No. UN -61-8(9)-41.31 RESOLUTION NO. 136.68 WHEREAS, the present en- trance to the Baptist Church locat- ed in the northwest quadrant of the intersection of So. Grandview Ave. and the southbound exit ramp from U.S. 61 is presently connected to said ramp at a point approximately 200 ft. north of So. Grandview Ave., and, WHEREAS, such location of an access to a ramp is not in the best interest of Public Welfare and safety, and WHEREAS, the Iowa State High- way Commission proposed to re- locate said church access to con- nect to So. Grandview Ave. at a point 50 ft. west of the south- bound exit ramp from U.S. 61, and NOW, THEREFORE, BE IT RE- SOLVED, by the Council of the City of Dubuque, Iowa that the Council has informed itself as to the proposed access change from its present location connecting to the southbound exit ramp from U.S. 61 at the south Grandview Ave. and U.S. 61 interchange to a point on So. Grandview Ave. located 50 ft. west of said ramp, and the Council hereby approved the plans and consents to the proposed access to So. Grandview Ave. Passed and adopted this 2 day of March, 1968. Sylvester McCauley Mayor Special Session, March 25, 1968 163 (Necessity for RESOLUTION I NO. 107-68 ) WHEREAS, proposed p 1 a n s. specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement. For the Dubuque Municipal Swimming Pool Bathhouse Renovation BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improve- ment, they shall be deemed to have waived all objecting thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Play- ground Improvement Recreation Fund. The above resolution was in- troduced, approved, and ordered placed on file with the City Clerk this 4th day of March, 1968. Approved and placed on file for final action. RECORD OF FINAL ADOPTION. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 25th day of March 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the construction of Du- buque Municipal Swimming Pool Bathhouse Renovation project, pre- sented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. March 25, 1968 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 A.M., Monday, March 25, 1968 for the construction of the City of Dubuque Municipal Swim- ming Pool -Bathhouse Renovation. The lowest bid entered was sub- mitted by Schiltz Construction Company of Dubuque, Iowa. Their bid was 4.35% under the Engi- neer's estimate. I recommend that the contract for the improvements be awarded to Schiltz Construction Company of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays --None. (Awarding Contract) RESOLUTION NO. 13868 WHEREAS, sealed proposals have been submitted by contrac- tors for the DUBUQUE MUNICI- PAI. SWIMMING pool -BATH- HOUSE 0OL-BATIi- HOUSE RENOVATION pursuant Special Session, March 25, 1968 'to Resolution No. 109-68 and no. tice to bidders published in a newspaper published in said City on March 8, 1968 and March 15, 1968; and WHEREAS, said sealed propos- als were opened and read on March 25, 1968, and it has been determined that the bid of Schiltz Construction Company of Du- buque, Iowa in the amount of $28,126.10 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schiltz Construction Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete pre- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the contractors bond the City Treas- urer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 25th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded * Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schulte. Nays—None. RESOLUTION NO. 139.68 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiled with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Name Address Duane A. Deutmeyer, 1450 Loras Blvd. Richard O'Hara, 70 S. Locust Street Lawrence Schwartz, 500 Rhomberg Avenue (These three licenses effective April 1, 1968) BE IT FURTHER RESOLVED that the bonds filed with the application be approved. Passed, adopted and approved this 25th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 140-68 WHEREAS, applications f or Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Lawrence Schwartz, 500 Rhomberg Avenue Passed, adopted and approved this 25th day of March 1968 Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ad tion of the resolution. Seconc Special Session, March 25, 1988 165 by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 141.68 WHEREAS, applications f o r Beer Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit.. CLASS "B" BEER PERMIT Lawrence Schwartz, 500 Rhomberg Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 25th day of March, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. There being no further business Approved Iil1. US.t..... .2....1968. Adopted ...AtlguBt 12 .19G8. . . ............... Councilman Schultz moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk. Regular Session, April 1, 1968 167 Board of Health OFFICIAL Regular Session, April 1, 1968. Board met at 7:20 P.M. (C.S.T.) Present—Chairman Sylvester Mc- Cauley, Messrs. Gaylord M. Couch- man, Donald R. Meyers, Walter A. Pregler, Merlin F. Schultz. Dr. Kenneth K. Hazlet. Communication of Iowa State De- partment of Health approving op. eration of a mobile home park and license issued to Donald & Lois Knapp at 50 E. 32nd Street, pre- sented and read. Mr. Walter A. Pregler moved that the communication be received and filed. Seconded by Mr. Donald R. Meyers. Carried by the follow- ing vote: Yeas — Chairman Sylvester Mc- Cauley. Messrs. Gaylord M. Couch- man, Donald R. Meyers, Walter A. Pregler, Merlin F. Schultz. Nays—None. Chairman Sylvester McCauley moved that the City Manager and Health Director be instructed to produce their best estimate to ade- quately take care of dogs. Second- ed by Mr. Gaylord M. Couchman. Carried by the following vote: Yeas — Chairman Sylvester Mc- Cauley, Messrs. Gaylord M. Couch- man, Donald R. Meyers, Walter A. Pregler, Merlin F. Schultz. Nays—None. There being no further business Chairman Sylvester McCauley moved that the Board of Health meeting adjourn. Seconded by Mr. Walter A. Pregler. Carried by the following vote: Yeas — Chairman Sylvester Me Cauley, Messrs. Gaylord M. Couch- man, Donald R. Meyers, Walter A. Pregler, Merlin F. Schultz. Nays—None. Members of Bd. of Health ...... t'7 ' ..,• nest n.r. w. .......... ........ ........... Clerk Board of Health 168 Regular Session, April 1, 1968 CITY COUNCIL OFFICIAL Regular Session, April 1, 1968. Council met at 7:30 P.M. C.S.T. Present—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. City Manager Gilbert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this is the Regular Monthly Meeting called for the purpose of acting upon such business as may properly come before the meeting. Mayor McCauley moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mrs. Lawrence Johnson of 255 Devon Drive introduced two for- eign exchange students, one from Peru and one from Iran. Communication of D u b u q u e Building & Construction Trades Council suggesting a meeting to discuss re -location of businesses from the Urban Renewal area and also construction work done for the City, presented and read. Councilman Pregler moved that the communication be referred to the Mayor and Manager to set up a date for a meeting. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Robert M. Roth, expressing his gratitude for the opportunity given to him as a participant in the first Dubuque "Youth in Government Day", pre. sented and read. Mayor McCauley moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Elise Wright expressing gratitude to the Mayor and Council for the opportunity of being able to participate in "Youth in Government Day", pre- sented and read. Councilman Mey- ers moved that the communication be received and filed. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. March 28, 1968 To the Honorable Mayor and City Council Gentlemen: I submit the petition of t h e Daughters of Union Veterans for a "Tag Day" September 28th. Permits have been approved for this organization in previous years. The September 28th day is open. I recommend that the request be granted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. March 25, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Treasurer, Wa- ter Department and City Auditor, as well as a list of claims for the month of February, 1968. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued in February, presented and read. Regular Session, April 1, 1968 169 Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. April 1, 1968 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same. SIDEWALK M. P. Kluck and Son, d/b/a Merlin P. Kluck, United States Fidelity and Guaranty Co. Wendelin Rettenberger, d/b/a Ret- tenberger Tree and Landscape, Merchants Mutual Bonding Com- pany Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the bonds be filed subject to ap- proval of the City Solicitor. See- fective sidewalk in the 1000 block on Lincoln Ave. on ,January 11, 1968, presented and read. Mayor McCauley moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- man Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of record of hearing and certificate to amend the current budget, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor McCauley moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. onded by Councilman Couchman. ORDINANCE NO. 18-68 Carried by the following vote: Yeas—Mayor McCauley, Council- An Ordinance amending the men Couchman, Meyers, Pregler, budget as approved by Reso- Schultz. lution No. 222.67 and Ordi- Nays—None. nance No. 1.68, Notice of claim of C. Doris said Ordinance having been pre- Slaght of 1201 Lincoln Ave., in the viously presented and read at the amount of $554.50 for personal in- Council meeting of March 4, 1968, juries received in a fall on a de- I presented for final adoption. ORDINANCE No. III."An Ordinance amending the budget as approved by Resolution No 222-67 and Ordinance No, 1.68. Be it ordained by the City Council of the City of Dubuque, Iowa* That the unexpected cash balances on hand at the close of the preceeding flsclnl Year not estimated or appropriated in the original budget approved by Resolution 0. 272.67and Ordinance No. 1-66 are hereby allocated and appropriated for Payment of necessary expenditures of City Government. In the following amounts and for the Purposes as hereafter set forth, and to that end the approve ia110ns and allocations of funds are hereby authorized to wit. RECEIPTS Excess Jen. 1, leu Unencumbered Told Fund Blanca General Fund ............................................. S 25,570 00 S 25,520.00 Street Fund 30,850,00 30,850 00 .....nd................................. 28,085.00 Street Road Use Tax Fund x•005'00 1 500 00 ................................. 1.500.00 public Safety Fund ......................................... 106,075.00 106.075.00 Sanitation Fund 47,200.00 11,700.00 MSliunicipal SewEnterprise Rental Fund 4.05500 1,055.00 Munlclpal Enterprise Fund--Llbrery 7,000.00 7,000.00 RecreMur"capa:tion Enterprise Fund -Docks 3335000 33,350.00 Recreation F and --Recreation General .......................... 12,600.00 12 600 00 Recreation Fund --Municipal Golf Course 10,500.00 10,500.00 UIIHtIes Fund -Street 6 Traffic Lighflna 12146300 177,183.00 Utilities Fund--Weler Works General _ $431,218,00 $434.016.00 GENERAL FUND EXPENDITURES 6,000 00 Item No. 108 -Data processing intens Share) 1,000.00 Item No. 114 -City Building (Maintenance 6 Repair) 77000 Ilem No. 121 --Building Commissioner (Eauipmeni) ....... 700000 Item No. 118 -Miscellaneous (Damages! 100000 Item No. 118 C -Miscellaneous (DA.E.O.A 1 6,0pg 00 Item No. 116 C --Miscellaneous IBu11CIng Demolition) 315000 Item No. 148 C -Miscellaneous (Alcoholism Consultant) ... TOTAL GENERAL FUNDS 25,570.00 These appropriations shall be paid from the unencumbered cash balance over 6M) above the amount anticipated January 1, 1968 In the General Fund. 170 Regular Session, April 1, 1968 STREET FUND item No. 133.1CItY Garage (Municipal Garage Devel10,000.00 Item No. 135 --Street Construction (Traffic Signals) ........ 13.850.00 item No.137—Sldeweik Program (City's Share) 7.000.00 TOTAL STREET FUNDS 30,850.00 These appropriatlnns shall be paid from the unencumbered cash balance over and R above he o amount T anticipated n icFUND January 1, 1968 in the Street Fund. STREET Ifem — No. 135—Street Construction (ContractsPrograms) 12,000.00 Item No. 135—Street Construction (Planning --Dodge Street) 3.700.00 Item No. 135—Street Construction (Transportation Planning) 12,385.00 TOTAL STREET ROAD USE TAX FUND 178-10-8 5.00 These appropriations shall be paid from the unencumbered cash balance over and above SAFETY vetthe amount anticipated January 1, 1968 In the Street Road Use Tax Fund. PUBLI Item This approv ationa nce shat lMbeni paildc from the unencumbered cash balance over and above the amount anticipated January 1, 1968 in the Public Safety Fund. SANITATION FUND Item No. 162 J 2—Municipal Improvements (P. W. Wages) 1,500.30 Item No. 162 J 2—Municipal Improvement (P. W. Material) 1,0010,00 Item No. 162 J 2—Municipal Improvements (Contract Jobs 77 17500 11 Programs) Item No. 162 J 2—Municip81 Improvements (Subdlvlslori Drains) ............................................. 26,400.00 --f TOTAL SANITATION FUND 5106,075.00 These appropriations shall be paid from the unencumbered cash balance over SANITATION SEWAGE RENTAL RENTAL FUNDI 1, 1968 In the Sanitation Fund. Item No. 139 A—Sewage Disposal (Program) ........ 91000.00 Item No. 139 A—Sewage Disposal (Improvements) ........ 38,200.00 TOTAL SANITATION SEWAGE RENTAL FUND S 47,200.00 These approprletions shall be paid from the unencumbered cash balance over and above the amount anticipated January 1, 1968 in the Sanitation Sewage Rental Fund MUNICIPAL ENTERPRISE FUND—LIBRARY Item No. 143-1—Library Building Account (K-1 Consultant 21555.00 Item No 0143-I—Library Building Account (K 7 Architect Fee) ................................................. 1,500.00 TOTAL MUNICIPAL ENTERPRISE --LIBRARY FUND S 4,055.00 These appropriatlons shall be paid from the unencumbered cash balance over and above the amount anticipated January 1, 1968 In the Munlclpal Enterprise— Library Fund. MUNICIPAL ENTERPRISE FUND—DOCKS Item No.153 C—Rlverfront Improvement (Develrlament Area "A") 7,000.00 This appropriation shall be paid from the unencumbered cash balance over and above the amount anticipated January 1, 1966 in the Municipal Enterprise—Dock Finn RECREATION FUND—RECREATION GENERAL Item No. 146 J—Playground Improvement (Capital Outlay) 33,350.00 This appropriation shall be paid from the unencumbered cash balance over and above the amount anticipated January 1, 1968 In the Recreation Fund—Recrea- fion General Account. RECREATION FUND—MUNICIPAL GOLF COURSE Item No. 171—Municipal Golf Course fCourse Improvements) 12,600.00 This appropriation shall be paid from the unencumbered cash balance over and above the amount anticipated January 1, 1968 in the Recreation Fund— Municipal Golf Course Account, UTILITIES FUND—STREET AND TRAFFIC LIGHTING Item No. 138—Street 6 Traffic Lighting (Programs) 10,500.00 This appropriation shall be paid from the unencumbered cash balance over and above the ggamount anticipated January 1, 1968 In the Utilities Fund—Street and Traffic FUND—WATER WORKS GENERAL Item No. 149 A—Administratlon (Program) ........ 10,000.00 Item No. 149 B—Plant 6 Distribution System (Maintenance) 745.00 Item No. 149 B—Plant 6 Distribution System (Equipment) 11,088.00 Item No. 149 B—Plant 6 Distribution System 9lmprove- ments) 31000.00 Item No, 149 A B—Water System (improvement Contracts) 102,650.00 5177,483.00 These appropriations shall be paid from the unencumbered cash balance over and above the amount anticipated January 1, 1968 In the Utilities Fund—Water Works General Account. Total additional appropriation for the expenditure of City Government of the City of Dubuque, Iowa for the fiscal year beginning January 1, 1968 and ending December 31, 1968 is $434,218.00 Passed upon first reading this 4th day of March, 1968. Passed, adopted and approved upon final reading this 1st day of April, 1968. SYLVESTER McCAULEY Mayor WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN ATTEST: Councilmen I -an F. Frommelt City Clerk Published officially In The Telegraph -Herald Newspaper this 4th day of April, 1968, t.eo F. FroCity Clerk it, 4.1 Regular Session, April 1, 1968 171 Mayor McCauley moved final separated from Grandview Ave. adoption of the Ordinance. Second- and Kaufmann Ave. by a straight ed by Councilman Meyers. Carried drop-off bluff. Mr. Hammer further by the following vote: stated that he was aware of the yeas—Mayor McCauley, Council- fact that the quarry was in exist. men Couchman, Meyers, Pregler, ence built l in the the homes mblawere Schultz. should be stopped and other Nays—None. methods of rock removal should Petition of Donald Guler re- be employed. No one wants the questing erection of a street light quarry to shut down, but rather in the 260o block on W. 32nd that the use of said quarry be Street, presented and read. Coun- consistent for the safety of the oilman Meyers moved that the pe- people in the area. A blasting ex- tition be referred to the City pert from the Becker's Insurance Manager and Electrical Inspector company investigated damage to for investigation and report. Sec- homes and streets. The expert was onded by Councilman Couchman. of the opinion that the cracking Carried by the following vote: of foundations and walls was not Yeas—Mayor McCauley, Council- due to explosives. The test he made men Couchman, Meyers, Pregler, was by using sixteen pounds of Schultz. black powder and its impact was Nays—None. hardly noticeable. Beckers ceased Petition of David L. Hammer, at- to blast in 1963 until 1967. In the torney for property owners who spring of 1967 blasting was re - reside on Cerro, Altura, and Mesa sumed and since that time it has Drives requesting construction of been very violent on several oc- a chain link fence to protect chil- casions. Mr. Harold Becker stated dren using Valley High Playground that they did not blast since last from falling into Becker's stone year unless a member of the City quarry and further requesting Engineering Department was pres- termination of blasting in the ent. Blasts shook the homes on quarry, presented and read. March 6 and March 16th and resi- Councilman Meyers moved that dents phoned the engineering de - the petition be received and filed. partment and were informed by Seconded by Mayor McCauley. City Engineer White that he was Carried by the following vote: not aware of said blasting. Yeas—Mayor McCauley, Council- Attorney Hal Reynolds repre- men Couchman, Meyers, Pregler, senting the Becker interests asked Schultz. the questing why should the City Nays—None. become involved in a civil rights matter. There is a substantial fact question Involved aside from the legal question. This is not a matter for the City Council to determine. To take these matters before the City Council is not in legal form. Cletus Kaiser 1575 Cerro Drive, Esther do Willard Hedrick 1425 Cerro Drive, Duane Brimeyer 1506 Altura Drive, Joseph Bowden 1340 Cerro Drive, Mrs. Joseph Schubert 1380 Cerro Drive, Joe Hein 1275 Cerro Drive, Cliff Voelkert 1235 Cerro Drive, all addressed the Council in support of their peti- tion, describing foundation cracks and objecting to the fact that there is no fence around the top of the quarry. Mayor McCauley moved that the rules be reimposed. Seconded by Councilman Couchman. Carried by s the following vote: Petition of Mrs. Joe Schubert et al requesting the erection of a chain link fence around the Becker stone quarry and that the operators of the quarry be refrained from any further blasting, presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Attorney David Hammer ad- dressed the Council by stating that the present fences around Valley High Playground, behind Cerro Drive, are a delapidated snow fence and a broken down barbed wire fence. The Playground i Regular Session, April 1, 1968 Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. City Manager Gil Chavenelle and City Engineer White related to the Council what had been done in regard to the many complaints re- ceived from the stone quarry area. Mayor McCauley moved that the matter of blasting be postponed for two weeks and referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. The Becker interests agreed to the two week moratorium. Council- man Pregler moved that the Man- ager be instructed to investigate the cost of constructing a play- ground fence and report back to the Council. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Mrs. Mike L. Sweeney et al requesting parking restriction to two hours from 9 A.M. to 6 P.M. on N. Grandview and Rosedale Streets, in the Senior High area, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Dubuque Industrial Bureau and Mayor's Industrial Committee requesting purchase of four acres lying partly in Block 5 and Block 6 in Riverfront Subdi- vision on the Industrial Island, also that an additional three acres to the north of this land be reserved on a right of first refusal basis, presented and read. Mayor Mc- Cauley moved that the petition be referred to the Mayor's Industrial Committee and to the City Attor- ney for proper proceedings. See- onded by Councilman Meyers. Car. ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Jane Cummo et al re- questing vacation of the platted alley between Henderson a n d Whalen Streets, (17 signers), pre- sented and read. Councilman Preg- ler moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Mayor McCauley. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Northwestern Bell Telephone Co. requesting permis- sion to construct underground cable on Grandview between Southern Avenue and Rockdale Road under the sidewalk 1350 Feet, along Rockdale road the cable will be placed in the parking, then attach to the bridge on Rock- dale Road to cross Catfish Creek, presented and read. Councilman Pregler moved ap- proval of the petition subject to approval of the City Engineer. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman P r e g l e r further moved that the City Clerk be giv- en authority to execute the re- quired State application forms. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Schiltz Construction Co. requesting permission to exca- vate in alley between 11th and 12th and Iowa and Central Ave., pre- sented and read. Councilman Pregler moved that the petition be granted subject to approval of the City Engineer. Seconded by Councilman Meyers. Carried by the following vote: Refinlar Session, April 1, 1968173 Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays --None. Petition of Richard Rahe and David Burds requesting a refund of $25. on the unexpired portion of cigarette license No. 262, as they have discontinued business on February 1. 1968, presented and read. Mayor McCauley moved that the refund be granted and t he Auditor instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas.—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Canfield hotel Inc. requesting a refund of $50. on the unexpired portion of beer license No. 70, as they have discontinued business on March 29, 1968, pre- sented and read. Mayor McCauley moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None, Petition of Eagle Food Center Store #109 requesting a refund of $25. on the unexpired portion of cigarette license No. 11, as they have discontinued business on April 1, 1968, presented and read. Mayor McCauley moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Eagle Food Center 0130 requesting a refund of $25. on the unexpired portion of ciga- rette license No. 10, as they have discontinued business on April 1, 1968, presented and read. Mayor McCauley moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman. Meyers, Pregler, Schultz. Nays—None. Petition of Eagle Food Center Store #144 requesting a refund of $25. on the unexpired portion of cigarette license No. 9, as they have discontinued business on April 1, 1968, presented and read. Mayor McCauley moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of May's Drug Store re- questing a refund of $25. on the unexpired portion of cigarette li- cense No. 27, as they have discon- tinued business on April 1, 1968, presented and read. Mayor Mc- Cauley moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Ethel Schwartz re- questing a refund of $25. on the unexpired portion of cigarette li- cense No. 216, as she has discon. tinued business on March 30, 1968, presented and read. Mayor Mc- Cauley moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays --None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on resolution of neces- sity and upon proposed plans, specifications, form of contract and cost for the construction of the IOWA STREET STORM SEWER 1968 FROM THE S.Y.L. 4TH STREET TO THE N.P.L. 9TH STREET, presented and read. No written objections were filed and no oral objectors were present in the. Council Chamber at the time set for the public hearing. 174 Regular Session, April 1, 1968 Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley. Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 76.68 WHEREAS, proposed Plans, 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 streets to be improved. 2. The size and kinds of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different, type of construct,'on and kind of material to be used. Construction of the Iowa Street Storm Sewer 1968 from the S.P.L. 4th Street to the N.P.L. 9th Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid for from sewer funds. The above resolution was in. troduced, approved and ordered placed on file with the City Clerk this 26th day of February. 1968. RECORD OF FINAL ADOPTION. The foregoing resolution was finally passed and adopted, as pro. posed, by the City Council this 1st day of April 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved final adoption of the resolution. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 142-68 WHEREAS, proposed plans and specifications and form of contract for the construction of the Iowa Street Storm Sewer 1968 from the S.P.L. 4th Street to the N.P.L. 9th Street have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 1st day of April, 1968, and WHEREAS, the City Council met in regular session this 1st day of April, 1968, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the im- provement herein described and proposed to be made; and WHEREAS, all interested par- ties have been given an oppor- tunity to be heard and all objec- tions which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- Regular Session, April 1, 1968 175 scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. passed, adopted and approved this 1st day of April, Sylvester M Cauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Ordering Construction) RESOLUTION NO. 143.68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 76.68 which was duly passed by this Council, for the construction of the Iowa Street Storm Sewer 1968 from S.P.L. 4th Street to N.P.L. 9th Street be and the same are hereby ordered and constructed by this Council upon its own mo- tion and with or without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and spec- ifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost of such improvement shall be paid from the Sanitation Fund and Road Use Tax Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 1st day April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces. sity for public improvements and hearing upon proposed plans,spec- ifications, form of contract and cost of improvements for the con- struction of the IOWA STREET SANITARY SEWER 1968 FROM THE S.P.L. 4TH STREET TO THE N.P.L. 9TH STREET INCLUDING SUB MAINS ON 6TH STREET FROM IOWA STREET 111 FEET WEST AND 7TH STREET FROM IOWA STREET 132 FEET EAST, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Couchman moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 79.68 WHEREAS, proposed plans, specifications, form of contract, 176 Regular Session, April 1, 1968 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 follow- ing: 1. The streets to be improved. 2. The size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. Construction of the Iowa Street Sanitary Sewer 1968 from the S.P.L. 4th Street to the N.P.L. 9th Street including sub mains on 6th Street from Iowa Street 111 feet west and 7th Street from Iowa Street 132 feet east. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein men. tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid for from sewer funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 26th day of February, 1968. RE^ORD OF FINAL ADOPTION The foregoing resolution was fi. nally passed and adopted, as pro- posed, by the City Council this 1st day of April 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Councilman Meyers moved final adoption of the resolution. Second. ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Attest: Leo F. Frommelt City Clerk Decision of Council upon ob- jections to plans, specifica. tions, form of contract and cost of improvements RESOLUTION NO. 144-68 WHEREAS, proposed plans and specifications and form of contract for the construction of the Iowa Street Sanitary Sewer 1968 from the S.P.L. 4th Street to the N.P.L. 9th Street including sub mains on 6th Street from Iowa Street 111 feet west and 7th Street from Iowa Street 132 feet east have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 1st day of April, 1968; and WHEREAS, the City Council met in regular session this 1st day of April, 1968, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and Regular Session, April 1, 1968 171 form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans. specifications and form of cost said improvement be made a matter of permanent record in connection with said im- provement. Passed. adopted and approved this 1st day of April. 1968. Sylvester !McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas --Mayor mccauley. Council- men Couchman. Meyers. Pregler, Schultz. Nays --None rOrdering Construction) RESOLUTION NO. 14" BE IT RESOLVED BY THE CITY COU'`CIL OF THE CITY OF DUBUQUE that pursuant to a reso- lution of necessity No. '+9-68 which was duly passed by this Council. for the construction of the Iowa Street Sanitary Sewer 1968 with sub -mains be and the same are hereby ordered 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 with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost of such improvement shall be paid for from the Sanitary Sewage Rental Fund. BE rt FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by !aw, the said improvements shall be completed on or before 60 days after notice to proceed has been issued BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed. adopted and approved this Ist day of April. 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt. City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman. Meyers. Pregler. Schultz. Nays—None. Proof of Publication, certified to by the Publisher. of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements. for construc- tion of the EIGHTH STRM STORM SEWER 1968 FROM THE E.P L- CE%TR..AL AVENUE TO THE W.P.L- IOWA STREET, Pre- sented and read - No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following Vote: Yeas --Mayor McCauley. Council- men Couchman, Meyers Pregler, Schultz- Nays--None chultzgays—`one (Necessity for ImOreiv r*al RESOLUTION NO. WHEREAS. proposed pians, spec- ifications, form of contract, Plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk shoa:n; Among other thing+ the fotkrsrin8 1 The streets to be MPrn'ved 2. The site and kind of sewers. 3 An estimate of the toot of 178 Regular Session, April 1, 1968 the proposed improvement, stating Decisions of Council upon objec- the same for each different type of tions to plans, specifications, form construction and kind of material of contract and cost of improve- to be used. ments. Construction of the Eighth Street Storm Sewer 1968 from the E.P.L. RESOLUTION NO. 148.66 Central Avenue to the W.P.L. Iowa Street. WHEREAS, proposed plans and specifications and form of contract BE IT THEREFORE RESOLVED for the Construction of the Eighth that the City Council on its own Street Storm Sewer 1968 from the motion or upon petition of proper- E.P.L. Central Avenue to the ty owners, deems it advisable and W.P.L. Iowa Street have been ap- necessary for the public welfare proved by the City Council of the to make the herein mentioned im- City of Dubuque and public notice provement, and unless property given as provided by Chapter 23 of owners at the time of the final the Code of Iowa, 1966, pertaining consideration of this proposed reso- to public contracts and bonds, and lution have on file with the City the time and place fixed for the Clerk objections to the amount of hearing of all objections to said the proposed assessments, they plans, specifications or contract for shall be deemed to have waived all or cost of such improvements, said objections thereto. time being this 1st day of April, Said improvements shall be con- 1968; and structed and done in accordance WHEREAS, the City Council met with the plans and specifications which have been prepared there- in regular session this 1st day of fore by the City Engineer which April, 1968, at 7:30 o'clock P.M. at the Council Chambers in the have been approved by the City Council and are now on file with City Hall for the y purpose of hear - the City Clerk. That the cost and ing all interested parties and con - expense of making said improve- sidering any and all objections ivhi^h have been filed to the pro - meat will be paid for from sewer funds. posed plans, specifications or con- tract for or cost of the improve - The above resolution was intro- ment herein described and propos- duced, approved and ordered plac- ed to be made; and ed on file with the City Clerk this 26th day of February, 1968. WHEREAS, all interested parties have been given an opportunity to RECORD OF FINAL ADOPTION be heard and all objections which The foregoing resolution was have been duly weighed and con - finally passed and adopted, as sidered; now, therefore proposed, by the City Council this 1st day of April 1968. BE IT RESOLVED by the City Council of the City ofDubuque, Sylvester McCauley that all objections which have Mayor been made and filed to the plans, Walter A. Pregler specifications, contract for or cost Merlin F. Schultz Donald R. Meyers of said improvement herein de - scribed and proposed to be made, Gaylord M. Couchman be and the same hereby overruled Councilmen Attest: and such plans, specifications and Leo F. Frommelt, form of contract heretofore ap- City Clerk proved are hereby adopted. Councilman Meyers moved final BE IT FURTHER RESOLVED adoption of the resolution. Second- that this resolution containing the ed by Councilman Pregler. Carried decision of this Council upon all by the following vote: objections which have been filed Yeas—Mayor McCauley, Council- to the plans, specifications and form of cost said improvement be men Couchman, Meyers, Pregler, Schultz. made a matter of permanent ret Nays—None. ord in connection with said im- provement. Regular Session, April 1, 1968 179 Passed, adopted and approved this 1st day Syl ester M auley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Pregler. Car ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Ordering Construction) RESOLUTION NO. 14768 BE IT RESOLVED BY THE QTY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a res- olution of necessity No. 82-68 which was duly passed by this Council, for the construction of the Eighth Street storm sewer 1988 from the E.P.L. of Central Avenue to the W.P.L. of Iowa Street be and the same are here- by ordered 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 with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost of such improvement shall be paid for from the Road Use Tax Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 80 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved .his 1st day of April, 1988. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun• cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract, cost of improvements, for con- struction of FIFTH STREET STORM SEWER 1988 FROM W.P.L. OF WHITE STREET TO THE W.P.L. OF LOCUST STREET, 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 received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg• ler, Schultz. Nays—None. (Nocessity for Improvement) RESOLUTION NO. SW WHEREAS, proposed plans, sPec- ifications, form of contract, plat and schedule have been duly Crty pared and approved by Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. ISO Regular Session, April 1, 1968 Construction of the Fifth Street Storm Sewer 1968 from the W.P.L. of White Streetto the W.P.L. of Locust Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con. structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid for from sewer funds. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 26th day of February, 1968. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 1st day of April 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved final adoption of the resolution. Second- ed by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. Decision of Council upon objec. tions to plans, specifications, form Of contract and cost of improve. ments. RESOLUTION NO. 148.68 WHEREAS, proposed plans and specifications and form of contract for the Construction of the Fifth Street Storm Sewer 1968 from the W.P.L. of White Street to the W.P.L. of Locust Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap. ter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec. tions to said plans, specifications or contract for or cost of such improvements, said time being this 1st day of April, 1968; and WHEREAS, the City Council met in regular session this 1st day of April, 1968, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 1st day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded Regular Session, April 1, 1968 181 by Councilman Meyers. Carried by the following vote: Yeas --Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Ordering Construction) RESOLUTION NO. 149-68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion esolvetion of necessity No. 85-68 which was duly passed by this Council, for the construction of the Fifth Street Storm Sewer 1968 from the W.P.L. of White Street to the W.P.L. of Locust Street be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost of such improvement shall be paid for from the Sanita- tion Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be com- pleted on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be In force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved WS let day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop U011 of the resolution. Seconded bl Councilman Couchman. Carried b; the following vote: Yeas—Mayor McCauley, Council - nen Couchmen, Meyers, Pregler, ;chultz. Nays—None. Proof of Publication, certified ;o by the Publisher, of Notice of Pendency of Resolution of Neces- ;ity for Public improvements and Hearing upon proposed plans and specifications, form of contract and cost of improvements for con- struction of CITY OF DUBUQUE 1968 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. 2, IOWA STREET FROM THE NORTH PROPERTY LINE OF THIRD STREET TO THE SOUTH PROPERTY LINE OF TENTH STREET, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publica- tion be received and filed. Second. ed by Councilman Couchman. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 11148 WHEREAS, proposed p 1 a n s, specifications and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, are now on file in the office of the City Clerk showing among other things the following: (1.) The plan of such improve- ment. (2.) An estimate of the cost of the improvement. FOR THE CONSTRUCTION OF the City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 2—Iowa Street from the North Property Line of Third Street to the South Property Line of Tenth Street. 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 improvement and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, 182 Regular Session, April 1, 1968 they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from the 135-K Road Use Tax Fund. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 4th day of March, 1968. RECORD OF FINAL ADOPTION. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 1st day of April 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved final adoption of the Resolution. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz, Nays—None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 150.68 WHEREAS, proposed plans, and specifications and form of contract for the CITY OF DU- BUQUE -1968— Concrete Paving with Integral Curb Project No. 2 IOWA STREET—from the north property line of Third Street to the south property line of Tenth Street have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 1st day of April, 1968; and WHEREAS, the City Council met in regular session this 1st day of April, 1968, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro. posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an opportuni- ty to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 1st day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Ordering Construction) RESOLUTION NO. 151.68 BE IT RESOLVED BY THE CITY OF DUBUQUE that pursu- ant to a resolution of necessity No. 111-68 which was duly passed Regular Session, April 1, 1968 183 this Council, construc- tion of Dubuque 1968Con- Crete Paving tion of City with integral curb project No. 2—lowaStreet Third the north property line Street to the South property line of Tenth Street be and the same are hereby ordered and construc- ed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and speeifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid from the Road Use Tax Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be com- pleted on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adop- tion by the City Council. Passed, adopted and approved this 1st day April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk FEEDER MAIN PROJECT, pre- sented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Coun- cilman Pregler moved that the proof of publication be received and filed. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and Specifications, form of contract and cost of improvements, for construction of the MT. CARMEL (Necessity for Improvement) RESOLUTION NO. 99.66 WHEREAS, proposed plans, specifications, and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1.) The plan of such improve- ment. (2.) An estimate of the cost of the improvement. FOR THE CONSTRUCTION OF the Mt. Came] Feeder Main Proj- ect. 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 improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from the Water Works General Fund. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 4th day of March, 1968. Approved and placed on file for final action. RECORD OF FINAL ADOPTION. The foregoing resolution was finally passed and adopted, as 184 Regular Session, April 1, 1968 proposed, by the City Council this 1st day of April 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved final adoption of the resolution. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Pro- posals for the construction of Mt. Carmel Feeder Main, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for con- struction of the MT. CARMEL AND STAFFORD STREET WA- TER PUMPING STATIONS, pre- sented and read. No written objections were filed and no oral objectors were pros. ent in the Council Chamber at. the time set for the public hear- ing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas --Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 103.68 WHEREAS, proposed p I a n s, specifications, and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1.) The plan of such improve- ment. (2.) An estimate of the cost of the improvement. FOR THE CONSTRUCTION OF the Mt. Carmel and Stafford Street Water Pumping Stations. 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 improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of 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 Citv Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from the Water Works General Fund. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 4th day of March, 1968. Approved and placed on file for final action. RECORD OF FINAL ADOPTION, The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 1st day of April 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo 'i'. Frommelt City Clerk Councilman Couchman moved final adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Regular Session, April 1, 1968 185 proof of Publication, certified to by the Publisher, of notice to contraf pro- pposalscfors the construction of the o of Mt. Carmel and Stafford Street Pump- ing Stations, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Mayor McCauley. Carried by the following vote: yeas.–Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Pubisher, of notice of public hearing to dispose of Lot 33 Bellevue Addition to Mr. & Mrs. Raymond Foote, 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 hear- ing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 152.68 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph -Herald, a news- paper of general circulation pub- lished in the City of Dubuque, Iowa, on March 1, 1988 and on March 8, 1968, City Council of Dubuque, Iowa, met on the 1st day of April, 1968, at 7:30 o'clock P.M. (Central Standard Time), in the City Council Chamber in the City Hall, Dubuque, Iowa, to con- sider the proposal to dispose of interest in certain real estate at which hearing all interested per- sons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, to -wit: Lot 23 in Bellevue Addition in the City of Dubuque, Iowa; and WHEREAS, City Council of Du- buque, Iowa, overruled any and All objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in and to the above described real estate to Raymond L. Foote and Donna Foote. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the conveyance of Lot 33 in Bellevue Addition in the City of Dubuque, Iowa, to Raymond L. Foote and Donna Foote for the sum of $100.00 plus costs of publication be and the same is hereby approved and that no abstract of title be furnished the buyers. Section 2. That the deed of con- veyance conveying the above de- scribed real estate to Raymond L. Foote and Donna Foote, be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute said deed for and on behalf of City of Dubuque, Iowa, and the Clerk is herewith authorized and directed to deliver said deed to Raymond L. Foote and Donna Foote upon receipt of the purchase price of $lo0.00 and receipt of cost of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Re- corder. Passed, adopted and approved this 1st day of April, 1988. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 12-68 An Ordinance vacating the al- ley which is sixty feet in width lying north of Arling- ton Street and lying easterly of Lot 1 of the subdivision of Lot 809 in McDaniel's Subdi- vision of town lots in the City of Dubuque, Iowa, which alley 186 Regular Session, April 1, 1968 shall hereafter be platted and known as Lot 7698 in Mc - Daniel's Subdivision of town lots in the City of Dubuque, low&, said Ordinance having been pre- vionsly presented and read at the Council meeting of February 26, 1968, presented for final adoption. ORDINANCE NO. 12.68 AN ORDINANCE VACATING THE AL- LEY WHICH IS__SIXTYFEET I !_OTS�IN THE CITY OF DUBUQUE, IOWA. WHEREAS, Leo J. Kringle has Peti- tioned the City Councll for the vacation of the hereof and alley described eb hthe e r iPetitioned that hpermit. tod to Purchase the same; and WHEREAS, the Planninq & Zoning Commission of the City of Dubuque, Iowa, has recommended the vacation of the alley described In the preamble hereof es same erv" no ubiic Purpose. NOW THER CIITTYE COIT UNCIL OF ITHE CITY OF DUBUQUE, IOWA: Section 1. That the alley lying north. erly of Arlington Street, which alley Is 60 feet in width and 120 feet In length, and lying easterly of Lot 1 of the Sub- division ubdivision of Lot 809 in McDaniel's Sub- division of Town Lots in the City of Dubuque, Iowa, whch alley shall be hereafter described and known as Lot 7698 In McDaniel's Subdivision of Town Lots In the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the City Clerk be and he is hereby authorized and directed 10 record a certified COPY of this Ordi. nance In the office of the County Re. corder in and for Dubuque County, Iowa. Passed, adopted and approved this 1st day of April, 1968. SYLVESTER McCAULEY Mayor WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 4th day of April, 1968. Leo F. Frommelt City Clerk 11. 4-4 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to dispose of in. terest in an alley sixty feet in width lying north of Arlington Street and lying easterly of Lot 1 of the Subdivision of Lot 809 McDaniel's Subdivision of Town Lots, which alley is now platted as Lot 769B in McDaniel's Sub division in the City of Dubuque Iowa, to Leo J. Kringle, 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 Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 153.68 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph -Herald, a news- paper of general circulation pub- lished in the City of Dubuque, Iowa, on March 1, 1968 and on March 8, 1968, City Council of Dubuque, Iowa, met on the 1st day of April, 1968, at 7:30 o'clock P.M. (Central Standard Time), in the City Council Chamber in the City Hall, Dubuque, Iowa, to con- sider the proposal to dispose of interest in certain real estate at which hearing all interested per- sons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, to -wit: An alley which is sixty feet in width lying north of Ar- lington Street and lying east- erly of Lot 1 of the Subdivi- sion of Lot 809 in McDaniel's Subdivision of Town Lots in the City of Dubuque, Iowa, which alley shall be hereafter platted and known as Lot 769B in McDaniel's Subdivision of Town Lots in the City of Dubuque, Iowa; and WHEREAS, City Council of Du- buqueIowa, overruled any and all objections, oral or written, to the proposal to dispose of inter- est of City of Dubuque, Iowa, in and to the above described real estate to Leo J. Kringle. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the conveyance of an alley which is 60 feet in width lying north of Arlington Street and lying easterly of Lot 1 of the Subdivision of Lot 809 in McDaniel's Subdivision of Town Regular Session, April 1, 19CA 187 Lots in the City of Dubuque, Iowa, which alley shall be hereafter platted and known as Lot 769B in McDaniel's Subdivision of Town Lots in the City of Dubuque, Iowa, to Leo J. Kringle icocosts of publication 8100.(10 P be and the same is hereby ap- proved and that no abstract of title be furnished the buyer. Section 2. That the deed of con- veyance conveying the above de- scrlbed real estate to Leo J. Krin- gle be and the same is hereby approved and the Mayor and City Clerk be and they are hereby au- thorized and directed to execute said deed for and on behalf of City of Dubuque, Iowa, and the Clerk is herewith authorized and directed to deliver said deed to Leo J. Kringle upon receipt of the purchase price of $100.00 and receipt of cost of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified coppy of this Resolution in the oiilce of the Dubuque County Re- corder. Passed, adopted and approved this lot day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of Public hearing to dispose of in- terest in a portion of Valeria Street known and described as Lot 2 of 2 of 3 of Lot 145 in L. H. Langworthy's Addn., and that portion of Valeria Street not used for street purposes, which is a portion of Lot 1 of the Sub. division of Lot 1 of 2 of 1 of Lot 147 L. H. Langworthy Addition, to Charles & Doris Davis, pre- sented 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 hear- ing. Councilman Couchman moved that the proof of publication be received and filed. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 1" WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph -Herald, a news- paper of general circulation pub- lished in the City of Dubuque, Iowa, on March 1, 1968 and on March 8. 1968, City Council of Dubuque, Iowa, met on the 1st day of April, 1968, at 7:30 o'clock P.M. (Central Standard Time), in the City Council Chamber in the City Hall, Dubuque, Iowa, to con. sider the proposal to dispose of interest in certain real estate at which hearing all interested per. sons were afforded an opportuni- ty to be heard for or against such proposal and which real estate is described as follows, to -wit: A portion of Valeria Street known and described as Lot 2 of Lot 2 of Lot 3 of Lot 145 in L. H. Langworthy's Addition, to Dubuque, Iowa, and that portion of Valeria Street not used for street pur- poses, which is a portion of Lot 1 of the Subdivision of f.ot 1 of Lot 2 of Lot i of Lot 147 in L. H. Langworthy's Addition in the City of Du. buque, Iowa, lying northerly of the street line shown on the subdivision plat dated Au- gust 7, 1967; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to vacation of the interest of the City of Dubuque, Iowa, in the above described real estate to CHARLES DAVIS and DORIS DAVIS. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of City of Dubuque, 188 Regular Session, April 1, 1968 Iowa, in and to the following described real estate: A portion of Valeria Street known and described as Lot 2 of Lot 2 of Lot 3 of Lot 145 in L. H. Langworthy's Addition, to Dubuque, Iowa, and that portion of Valeria Street not used for street pur- poses, which is a portion of Lot 1 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of Lot 147 in L. H. Langworthy's Addition in the City of Du- buque, Iowa, lying northerly of the street line shown on the subdivision plat dated Au- gust 7, 1967 be and the same is hereby ap- proved and the said Charles Davis and Doris Davis shall pay costs of publication. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, conveying to Charles Davis and Doris Davis all of its right, title and interest in and to the above described real estate. This resolu- tion and conveyance is for the purpose of correcting misdescrip- tion in previous resolution and previous deed. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Re- corder. Passed, adopted and approved this 1st day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 15568 AUTHORIZING THE CONDEMNATION OF CERTAIN PARCELS OF REAL ESTATE IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to such contract and to implement. the Urban Renewal Plan for the Project Area deems it necessary and in the public interest that the property here- inafter described be acquired; and WHEREAS, all attempts by the Department of Urban Renewal of the City of Dubuque to negotiate with the owners for the purchase of the following described prop- erty have failed; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA Section 1. That the following described real estate owned by the persons to indicated be and the same should be acquired to implement the Urban Renewal Plan for the Downtown Urban Re- newal Project, Iowa R-15. OWNER Burritt S. Lacy Jane Milson Lyons aka Jane A. Milson and Mary B. Chalmers, Trustees William K. Stevens Mary B. Chalmers William B. Witmer Edgar B. Witmer Kate W. Bradley William Bradley Lewis Elizabeth Lewis Noble Margaret Lewis Madsen Goeffrey C. Bain, Trustee PROPERTY DESCRIPTION Lot 146 and the Southerly 11.2' of Lot 147, in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. (Parcel 3-5) OWNER Alina R. Dovi PROPERTY DESCRIPTION The Southerly 21 feet of Lot 17 in the City of Dubuque, Iowa, ac- Repilar Session, April 1, 1968 189 cording to the United State( Com- missioners' Map 11$) OWNER Dominican Fathers, Province of St. Albert the at Claude B. Norton Jane F. Norton Mary Leone Espejoders Ann J. Dillon Margaret Norton Gertrude Norton Patricia Deluhery Aimee Dorney Charles Norton Estelle (Lassie) Behrens James L. Norton Betty A. Norton Schmalenberg PROPERTY DESCRIPTION Lot 238 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 13-1) OWNER Mrs. Irene Keller Florence Murphy Mary Murphy John F. Murphy, Jr. PROPERTY DESCRIPTION The Northerly (sometimes called North) Onehalf of Lot 237 (some- times called In Lot 237) in the City of Dubuque, Iowa according to the United States Commission- ers' Map of the Town (now City) of Dubuque, Iowa. (Parcel 13.6) Section 2. That the Director of the Department of Urban Renewal for the City of Dubuque, Iowa, be and he is hereby directed to cause condemnation proceedings be in stituted as is provided by law tc acquire said real estate herein before described, and the saic Director of the Department of Urban Renewal is hereby author ized to do any and all things nec essary and requisite to such con demnation proceedings. Passed, approved and adoptee this lat day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchmai Attest: Councilmen Leo F. Frommelt City Clerk Mayor McCauley moved adol tion of the resolution. Seconde y Councilman Meyers. Carried by he following vote: Yeas—Mayor McCauley, Council- ien Couchman, Meyers, Pregler. Nays—Councilman Schultz. RESOLUTION NO. 156-U WHEREAS, Resolution No. 362- 17 was duly adopted at a session if the City Council of the City of )ubuque, Iowa, on the 6th day of lovember 1967, AND WHEREAS, it is now nec- !ssary to amend the said Resolu- .ion to clarify certain omissions herein so as to effectuate fully he settlement agreement between .he City and the Aspermont Com- pany, approved by the City Council )y Resolution No. 29567 relating to disposition of the following de- scribed real estate, to wit: All of that unplatted area ly- ing East of the Easterly lot lines of part of Lot 3, part of Lot 4, Lots 5, 6, 7, 8, 9, and 10 in Block 3, and Lots 1, 2, 39 4, 5, 6, 7, 8, 9, and 10 in Block 4, of Dubuque Harbor Im- provement Co.'s Addition to the City of Dubuque, Iowa, ac- cording to the recorded plat thereof including the continu- ation of said Easterly lot line between Lot 10 of Block 3 and Lot 1 of Block 4 traversing Pine Street (Vacated), to the Mississippi River, which un - platted area extends from the Southerly street line of East Fourth Street Extension pro- jected to the said river and to the Northerly street line of Wall Street projected to the said river, along with all riparian rights incident there- to and recognized under t h e law of the State of Iowa, AND WHEREAS, pursuant to Resolution No. 295.67 the requisite notice of time and place of hear- ing of intent to dispose of the above described real estate to the Aspermont Company and to vacate a 15W wide levee, contained in the said description, was duly Pub- lished in the Telegraph Herald on October 4, 1967 and on October 11, 1967, AND WHEREAS, the City Coun- cil did meet on the 6th day of No- vember 1967 at 7:30 P.M. (Central Standard Time) in the Council Chambers at City Hall pursuant to the said notice to act thereon, and IOA Regular Session, April 1, 1968 no objections being made thereto, orally or in writing, did adopt Res- olution No. 362-67. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the 150' wide strip, designated a levee, contained in the above described real estate be. and the same is hereby vacated. Section 2. That the disposal of the interest of the City of Du- buque, Iowa in and to the above described real estate, including the said 130' wide strip lying within said parcel, to the Aspermont Company be and the same is here- by approved, and the said Asper- mont Company to pay the costs of publication. Section 3. That the Quit Claim Deed executed by the Mayor and City Clerk of the City of Dubuque, Iowa, dated 6 November 1967, to the above described real estate,in- cluding thf, said 150' wide strip of land contained therein, be and the same is hereby confirmed and approved in all respects, subject to easements heretofore granted to City. Sectien 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County, Iowa, Recorder and to file a copy hereof with the Dubuque City As- sessor. Passed, adopted and approved this 1st day of April, A.D. 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None, RESOLUTION NO. 157.68 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga. rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Amvets Club Post #3, 36 West 4th Street (Transfer from 429 Main Street effective April 8, 1968), Fred Vyverberg, 1828 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 1st day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 158.68 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB Amvets Club, Post #3, 36 West 4th Street (Effective April 8, 1968, moved from 429 Main Street) CLASS "B" BEER PERMIT Florance Deutsch, 45 West 13th Street Maryel M. Birkett, 1064 University Avenue Aristo Foods of Iowa, 1111 Dodge Street Donald M. Love, 250 West 6th Street Regular Session, April 1, 1%8 191 Josephine Burke, 531 Main Street Carl N. Brant, 2600 Central Ave- nue Merlyn L. Weber, 1902 Central Avenue 1828 Central Fred E. Vyverberg, Avenue Dubuque Baseball, Inc., East 4th Street Ext. CLASS "C" BEER PERMIT Wm. J. B. White, 1993 Asbury Earl Schmacher, 2204 Central Ave- nue Catherine E. McEvoy, 775 East 6th Street Earl J. McNamara, 1046 University Avenue Passed, adopted and approved this 1st day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest - Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 159.68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT PRIVATE CLUB Amvets Post N3, 36 West 4th Street (Effective April 8, 1968 moved from 429 Main Street) CLASS "B" BEER PERMIT Florance Deutsch, 45 West 13th Street Maryel M. Birkett, 1064 University Avenue Aristo Foods of Iowa, 1111 Dodge Street Donald M. Love, 250 West 6th Street Josephine Burke, 531 Main Street Carl N. Brant, 2600 Central Ave- nue Merlyn L. Weber, 1902 Central Avenue Fred E. Vyverberg, 1828 Central Avenue Dubuque Baseball, Inc., East 4th Street Ext. CLASS "C" BEER PERMIT Wm. J. B. White, 1993 Asbury Earl Schumacher, 2204 Central Avenue Catherine E. McEvoy, 775 East 8th Street Earl J. McNamara, 1046 University Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 1st day of April, 1988. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 160.68 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval the same have been examined, NOW THEREFORE, BE IT RE. SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT --CHAPTER 123—as amended by the 80th General Assembly, 1963. 192 Regular Session, April 1, 1968 CLASS "C" COMMERCIAL ESTABLISHMENT Amvets Club Post #3, 36 West 4th Street (Transfer from 429 Main Street effective April 8, 1968) Fraternal Order of Eagles Aerie #568, 6th & Locust Street Passed, adopted and approved this 1st day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 161.68 WHEREAS, applications for Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Amvets Club Post #3, 36 West 4th Street (Transfer from 429 Main Street effective April 8, 1968) Fraternal Order of Eagles Aerie #568, 6th & Locust Street Passed, adopted and approved this 1st day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nay3—None. There being no further business Councilman Pregler moved to ad. journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved . NU 11S t.. li .1968. Adopted AMRt 12.,, 1968. Special Session, April 10, 19CA 193 OTY COUNCIL OFFICIAL Special Session, April 10, 1968. Council met at 7:30 P.M. (C.S.T.) Present — Mayor McCauley, Councilmen Counchman, Meyers, Pregler, Schultz. City Manager Gil- bert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of sub- mitting a canvass of the results of the City of Dubuque, Iowa special Election held on April 9, 1968, granting Northern Natural Gas Company a 25 year franchise, and acting upon such other business as may properly come before a Regu- lar meeting of the City Council. Proof of Publication, certified to by the Publisher, of Mayor's Proc- lamation and Notice of Special Election on the proposition of granting to Northern Natural Gas Company a 25 year Franchise, pre- sented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Councilman, Meyers, Pregler, Schultz, Nays—None. Proof of Publication, certified to by the Publisher, of City of Du- buque, Iowa Special Election April 9, 1968, Official Ballot granting Northern Natural Gas Company a 25 year Franchise, presented and read. Councilman Pregler moved that the proof of publication of Official Ballot be received and filed. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays --None. April 10, 1968 To the Members of the City Council Gentlemen: In accordance with the provi- sions of Section 50.20 of the 1966 Code of Iowa, on April 10, 1968, we made a public canvass of the Northern Natural Gas Company Franchise Special Election, held on April 9, 1968 and herewith submit the report of said canvass. Defec- Precinct Yes No tive Total First .................... 627 5 3 635 Second ................ 330 4 1 335 Third .................. 215 4 5 224 Fourth ................ 151 4 0 155 Fifth .................. 268 8 2 278 Sixth .................. 455 5 0 460 Seventh .............. 106 0 0 106 Eighth ................ 198 3 1 202 Ninth .................. 136 0 5 141 Tenth .................. 276 9 6 291 Eleventh ............ 445 11 2 458 Twelfth .............. 184 7 0 191 Thirteenth ........ 400 7 4 411 Fourteenth ........ 439 7 5 451 Fifteenth ............ 344 11 1 356 Sixteenth ............ 722 13 3 738 TOTALS ........5296 98 38 5432 Respectfully submitted, Sylvester McCauley, Mayor Leo F. Frommelt, City Clerk Councilman Pregler moved that the canvass be received and made a matter of record. Seconded by Councilman Couchman. Carried by the following vote: Seas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 162.68 WHEREAS a special municipal election was held on April 9, 1968, in the City of Dubuque, Iowa, pur- suant to Ordinance No. 17.68, fin- ally passed by the City Council on the 4th day of March 1968, at which election the following ques. tion or proposition was submitted to the electors of the City of Du- buque, as provided by the Statute of Iowa, namely to -wit: 'Shall the following public measure be adopted? Shall the following public meas- ure as set forth in Ordinance No. 17-68 as enacted by the City Council of the City of Dubuque, on the 4th day of March, 1968, granting unto Northern Natural Gas Company, a corporation, (op- erating as Peoples Natural Gas Division), a non-exclusive author- ity for a period of twenty-five years to erect and maintain a gas distribution system and any and all necessary mains, pipes, services and other appurtenances thereunto pertaining in, upon, 194 Special Session, April 10, 1968 over and across and along the streets, alleys, bridges, public places of the City of Dubuque, for the transmission, distribution and sale of natural and/or mixed gas for lighting, heating, indus- trial and all other uses and pur- poses, and prescribing the terms and conditions under which the said company is to operate be adopted?" AND WHEREAS the votes cast at such election were canvassed by the Mayor and Clerk on April 10, 1968, and the result found to be as follows: Yea No Defective Total 5296 98 38 5432 AND WHEREAS it appears from such canvass that a majority of all the electors voting at said special election voted in favor of the above proposition. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE;, IOWA. That in compliance with the wishes of the people expressed at the special election held on April 9, 1968, the above gas franchise ordinance is approved and ratified, and that Ordinance No. 17.68 be published in the Telegraph Herald Newspaper on April 15, 1968. Passed, adopted and approved on this 10th day c•f April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. April 10, 1968 The lionorable Sylvester McCauley Mayor City of Dubuque Dubuque, Iowa Dear Sir: Peoples Natural Gas, a Division of Northern Natural Gas, hereby formally accepts the conditions contained in Ordinance No. 17-68 which specifically applies to Peo- ples being granted a gas distribu- tion franchise in the City of Du- buque. This, of course, was com- pletely contingent upon a success. ful public referendum which was conducted April 9, and, therefore, did successfully grant Peoples this franchise. Yours very truly, PEOPLES NATURAL GAS Richard E. Mayne Area Manager Councilman Meyers moved that the acceptance be received and made a matter of record. Second- ed by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Schultz moved that the judges and Clerks employed for servicing the Special Election be paid as provided by law. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .... AUgU9 tA?1968. Ado ted .AggRg.t... !; 1968. ..................�.. ............ ....... .........'... f�e.. .......... 4• +f /�.................... . . ............................................................................... Councilmen Atte itV Clerk Special Session. April 15, 1968 195 OTY (OUN(IL OFFICIAL Special Session, April 15, 1968. Council met at 7:30 P.M. (C.S.T.) Present—Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. City Manager Gilbert D. Chavenel- le. Absent — Councilman Couchman (out of city). Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of considering AWARDING OF CONTRACTS FOR THE CON. STRUCTION OF THE MT. CAR- MEL FEEDER MAIN AND PUMP- ING STATION, FIRE ENGINE, AND CIVIL DEFENSE WARNING SIREN, and acting upon such other business as may properly come be- fore a regular meeting of the City Council. Mayor McCauley introduced four foreign exchange students from Thailand. Communication of Dubuque Tot Lot Association recommending cer- tain locations throughout the City that could be used for tot -lot pur- poses, presented and read. Council- man Schultz moved that the com- munication be referred to the Council with instructions that the tot -lot Assn. be called in to ex- plain. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays .— None. Absent—Councilman Couchman. Communication of Merchants Mutual Bonding Co. submitting cer- tificate of Authority to operate a Fidelity & Surety Insurance busi- ness in the State of Iowa until April 1, 1968, presented and read. Mayor McCauley moved that the certificate be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. April 11, 1968 To the Honorable Mayor and Members of the City Council Gentlemen: I am submitting for your consid- eration contract and agreement covering the leasing of the cones• sion stand and the Ball Park to Dubuque Baseball Incorporated. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the agreement and lease be ap- proved and submitted to Baseball Inc. for proper signatures. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays --None. Absent—Councilman Couchman. April 9, 1968 To the Honorable Mayor and City Council Gentlemen: At your meeting of April 1st you asked me to report about fenc- ing Valley High Playground adja- cent to Becker's Stone Quarry. I wish to report that the Recrea- tion Commission at their meeting of April 8th arranged to install six foot high chain link fence for about 667 feet running along the westerly boundary of the play field, and for approximately 200 feet along the southerly boundary where the play field abuts a steep drop. It has been arranged to ask for bids on the fencing immediately and install the fencing as soon as possible thereafter. It has also been arranged that the Recreation Director will con- tact the abutting property owner and make a mutual agreement for the removal of the existing barbed wire fence. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz, Nays—None. Absent—Councilman Couchman. 196 Special Session, April 15, 1 April 12, 1968 Honorable Mayor and City Council Gentlemen: In connection with the Down- town Urban Renewal Preject, we deemed it essential that Barton- Aschman Associates provide tech- nical assistance in carrying out the various public improvement pro- grams. Accordingly, this matter was discussed with Council at one of the January Weekly Urban Renewal Information Meetings. Contacts for the following areas of service have been prepared by the City Engineer and Department of Urban Renewal. 1. Preliminary design of a co- ordinated system of traffic signals to serve the downtown area. 2. Special treatments of street areas in and immediately adjacent the project area. I respectfully request your ap- proval to execute both contracts. Sincerely yours, Gilbert D. Chavenelle, City Manager Mayor McCauley moved approval of the City Manager's request. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilman Meyers, Pregler. Nays—Councilman Schultz. Absent—Councilman Couchman. April 10, 1968 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of Mr. Guler for a street light in the 2600 block on West 32nd Street. The location has been investi- gated and it is recommended that 175 watt mercury vigor vapor lights be installed at or near 2830 and 2685 West 32nd. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. April 3, 1968 To the Honorable Mayor and City Council Gentlemen: A request has been received by the staff for street lights on Sam- uel Street. It is recommended that two 175 watt mercury vapor lights be installed between Lots 10 and 11 and between Lots 53 and 54. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the recommendation of the City Manager be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley. Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. April 15, 1968 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same. COMPREHENSIVE LIABILITY .John C. Jones, American States Insurance Company F. N. Smith Construction, Inc., Bi- tuminous Casualty Corporation SIDEWALK Phomas Flynn Coal Co., Maryland Casualty Company Link Construction Co., D/B/A John T. Link, United States Fidelity & Guaranty Co. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the policies and bonds be filed subject to approval of the City Solicitor. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. April 15, 1968 To the Honorable Mayor and City Council Gentlemen: I have conferred with Colonel Walter C. Gelini, Corps of Engi- neers, District Engineer, and it has been arranged to have the Special Session, April 15, 1968 197 ground breaking ceremony for the i Dubuque Flood 15th. Project on Saturday. June Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays --None. Absent—Councilman Couchman. April 15. 1968 To the Honorable Mayor and City Council Gentlemen: I am enclosing for your consid- eration a preliminary budget of the Airport Terminal which is dated April 12th. Plans and specifications are be- ing drawn and I am making the arrangements to sell bonds in the amount of $490,000.00 to cover the expenses of the Terminal Proj- ect. Even though it is expected that plans will be ready in June for bidding, it is not anticipated that the project will be under construc- tion until some weeks later because of the necessity to try to sell these bonds with the bonds for other projects. Will you please affirm this pro- posed course of action. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. April 15, 1968 The Honorable Mayor and Council Members Gentlemen: In February of 1966, contracts were executed with both the Du- buque County Abstract and Title Company and Abeln Abstract Com- pany to provide a variety of title services required for the purchase of real estate in the Downtown Urban Renewal Project. The compensation was based on unit costs; however, it was neces- sary to estimate at that time the number of abstracts of title that would be involved although it was known what properties would be purchased. We now find that the number of abstracts actually in- volved exceeds the original esti- mate. The Department of Urban Re- newal request that the contracts for both abstract companies be amended in order to compensate them for all of their services. The contract for the Dubuque County Abstract and Title Company is to be increased $1,120 and the con- tract with Abeln Abstract Com- pany is to be increased $2.180. I hereby request your approval to execute these contract amend. ments. Sincerely yours, Gilbert Chavenelle, City Manager Councilman Pregler moved that the Manager's request be granted. Seconded by Mayor McCauley. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler. Nays — Councilman Schultz. Absent—Councilman Couchman. April 15, 1968 The Honorable Mayor and Council Members Gentlemen: In connection with the purchase of one of the parcels of real estate in the Downtown Urban Renewal Project, it was necessary to obtain a third appraisal to supplement the two appraisals previously made. I hereby request your approval to execute a contract with Walter Potts, Jr. for this work at a fee of $350.00. Sincerely, Gilbert D. Chavenelle, City Manager Councilman Meyers moved ap- proval of the Manager's request. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler. Nays—Councilman Schultz. Absent—Councilman Couchman. April 1, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission held a public hear- ing on March 28th to consider a proposal to reclassify from Multi- 198 Special Session, pie Family to Business District property described as follows: The westerly 100 feet of the Beatrice Foods Place and the westerly 100 feet of the south 50 feet of Lot 6, the westerly 100 feet of the north % of Lot 5, the westerly 100 feet of the south % of Lot 5, the westerly 100 feet of Lot 4A, the westerly 100 feet of the north 1/e of Lot 4, the westerly 100 feet of the south % of Lot 4, all in the L. H. Lang- worthy Subdivision. This property is located south of 22nd Street, adjoins Heeb Street and lies 100 feet west of Central Avenue. The property is partly oc- cupied by commercial and indus- trial uses and partly by natural bluffs. It was the opinion of the Com- mission that all the property be- tween Central Avenue and Heeb Street should be in the same class- ification and that commercial use of the property is the most ap- propriate use. It is the recommendation of the Commission that the Council ap- prove the above proposal. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Mayor McCauley moved approval of the recommendation and refer- red to the City Solicitor for prop- er proceedings. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. April 1, 1968 Honorable Mayor and Council Members Gentlemen: On March 28th the Planning and oning Commission held a public heaZring on a proposal to rezone from Single Family to Multiple Residence the following described property: Lot 2 of Lot 2 of the north one half of the southeast quarter of section 34 and Lot 2 of the Sub- division of the north one half of the southeast quarter of sec. tion 34, all in township 89, range 2 east of the fifth p.m. This property is located on the north side of Fremont Avenue and April 15, 1968 lies adjacent to the corporation line. At the public hearing it was pointed out that sanitary sewer and water are available to this site. It was also pointed out that the property was access to Fremont Avenue which is an arterial street and will be capable of handling the additional traffic. The site is ad- jacent to the proposed right of way for the extension of Kennedy Road. No one was present at the hear- ing to speak either for or against the proposal. It is the recommendation of the Planning and Zoning Commission that the proposal be approved by the Council. Respectfully submitted, Planning and Zoning Commission Don Gilson Director of Planning Councilman Meyers moved that the recommendation of the Com- mission be approved and referred to the City Solicitor for proper pro- ceedings. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. April 15, 1968 To the Honorable Mayor and Members of the City Council. Gentlemen: In accordance with the provisions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted ex- aminations on April 11, 1968 for the position of PUBLIC HEALTH NURSE. The following named persons passed the written examination with a grade of 70% or better and their names are hereby certified. Glenann M. Slade ..........80.3% Maxine P. Huberty ........71.2% Respectfull submitted, Gerard B. Noonan Louis F. Fautsch LeRoy H. Giles Civil Service Commisison Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 15th day of April, 1968. Eugene J. Berens Notary Public Special Session, April 15, 19613 199 Councilman Pregler moved that the communication be received and filed and made ateof record. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz Nays—None. Absent—Councilman Couchman. Notice of suit of Mildred M. Rempt, in the amount of $1,000, for personal injuries received in a fall on an icy crosswalk and side- walk at East 10th Street and Cen- tral Avenue on January 12, 1968, presented and read. Councilman Pregler moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Communication of Nyemaster, Goode, McLaughlin, Emery & O'Brien, Des Moines attorneys, re- questing demand of payment in the amount of $42,000, allegedly due for architectural plans and fees drawn by Dougher, Rich & Woodburn architects, for a County - City building back in the year of 1947, presented and read. Mayor McCauley moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCualey, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. April 15, 1968 Ron. Mayor & City Council Re: Harriet M. Kortmeyer VS. City of Dubuque Gentlemen: On April 8, 1967 original notice with copy of peti- tion at law attached was filed wherein Harriet M. Kortmeyer commenced action against the City of Dubuque in the District Court of Iowa in and for Dubuque Coun. ty claiming damages in the amount of $7,000.00 for injuries allegedly suffered by plaintiff on or about January 14, 1967, allegedly result Ing from a fall on the public side walk abutting 691 West 3rd Street and said notice with petition at- tached was referred to the City Solicitor. I have made an investigation of this matter and appropriate re- sistance was made to said action and the plaintiff has made an of- fer of settlement in the amount of $2,000.00 That said plaintiff suf- fered personal injuries requiring medical and hospital services in addition thereto, she suffered loss of wages from her regular employ- ment. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw a warrant payable to Har- riet M. Kortmeyer in the amount of $2,000.00 and trasnmit same to the City Attorney for delivery upon receipt of duly executed Dis- missal with Prejudice and delivery of release of claim. Copy of original notice and copy of petition is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved that the recommendation of the City Attorney be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Irene Bogas request- ing a refund of $25 on the unex- pired portion of cigarette license No. 226 as she has discontinued business on March 31, 1968, pre- sented and read. Councilman Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition by resolution of the Du- buque Bible Church suggesting that Planning & Zoning Commis- sion oppose the use of Bies street as a truck route and main artery to the proposed shopping area, for various reasons of traffic safety, presented and read. Mayor Mc- Cauley moved that the Petition be referred to the Planning & Zoning Commission. Seconded by Council- 200 Special Session, man Schultz. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Midwest Developers Inc. requesting rezoning from Single Family Residence to Busi- ness B District Classification Lot I of 2 of 2 of 2 of 2 of 2 of NE Y4 NE1/4 Sec. 28, Twp. 89, N. R. 2E 5th P.M., presented and read. Conucilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilm,nn Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Conrad Construction Co. requesting permission to exca- vate in McPoland Street, presented and read. Councilman Pregler moved that the petition be granted subject to approval of the City Engineer. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Braconier Plumbing & Heating Co. requesting a refund of $13.00 for a plumbing permit is- sued in duplicate at 1699 Hickson Street, presented and read, Coun- cilman Meyers moved that the peti- tion be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Robert A. Palmer of 685 Kane Street, requesting pur- chase of property adjacent to his, which is presently owned by the City, presented and read. Mayor McCauley moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of F. N. Smith Construc. tion Inc. requesting permission to April 15, 1968 excavate in the city streets and alleys, presented and read. Coun- cilman Pregler moved that the peti- tion be approved subject to approv- al of the City Engineer. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. Proof of Publication, certified to by the Publisher, of Notice of receipt of bids for Fire apparatus, for the furnishing of a 1250 GPM. Triple combination Pumping En- gine, presented and read. Coun- cilman Pregler moved that the proof of publication be received and filed. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas --- MaYor McCauley, Coun. cilmen 'Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. April 15, 1968 To the Honorable Mayor and City Council Gentlemen: I am enclosing a tabulation of the bids received on the Fire En- gine Pumper, and Chief Dunphy's letter reporting on the bids. I recommend that the bid of American La France be accepted. The cost of the pumper will be, base bid, $29,760.00, plus Alternate "C", $385.00 for a total of $30,145.00. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Proof of Publication, certified to by the Publisher, of notice of Pen- dency of Resolution of Necessity for Public Improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for the fur- nishing of a Civil Defense Warn- ing Siren Fire Station No. 2, pre- sented and read. No written objections were filed and no oral objectors were present Special Session. April 15. 1%8 201 in the courctl Chamber at the time set for the public hearing. Councilman Me TnObe that the proof of publication ceived and tiled. seconded by Ma- vor McCauley. Carried by the fol- jowirg vote: Peas — Mayor McCauley. Coun- cilmen Meyer, pregler, Schultz Nays—N one. Absent --Councilman Couchman. (Necessity of Improvement) RESOIuTION NO. 133-69 WHEREAS, proposed pians, specifications. form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the City of Dubuque Civil Defense N; arning Siren Fire Station No. 2. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to made the hereinmentioned im. provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the cost of improvement. they shall be deemed to have waived all ob- jections thereto. posed by the City Council this 15th day of April 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Ronald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved final adoption of the resolution. Second- ed by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley. Coun. cilmen Meyers, P'regier, Schultz. Nays --None Absent—Councilman Couchman Proof of Publication, certified to by the Publisher, of notice to con- tractors of the receipt of proposals for the construction of a Civil De- fense Warning Siren. presented and read. Councilman Pr:,ler mov- ed that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote'. Yeas—Mayor McCauley. Coun- cilmen Meyers. Pregler. Schultz. Nays—None. Absent—Councilman Couchman. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Public Safety Civil Defense Fund No. 150. The above resolution was intro- duced, approved, and ordered plac- ed on file with the City Clerk this 18th day of March, 1968. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro - April 15. 1968 To the Honorable Mayor and the Members of the City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:C0 A.M., Monday. April 15. 1968. for the construction of the City of Dubuque --Civil Defense Warning Siren, Fire Station No. 2. The lowest bid entered was sub- mitted by Westphal and Company. Inc., 123 St. Mary's Avenue, Janes- ville, Wisconsin. Their bid was 4.81 under the Engineer's Esti- mate. I recommend that the contract for the improvement be awarded to westphai and Company, Inc. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that therecommendation lanager be approved. Seconded by 202 Special Session, April 15, 1968 Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. (Awarding Contract) RESOLUTION NO. 163-68 WHEREAS, sealed proposals have been submitted by contrac- tors for the CITY OF DUBUQUE - CIVIL DEFENSE WARNING SI- REN FIRE STATION NO. 2 pur- suant to Resolution No. 133-68 and notice to bidders published in a newspaper published in said City on March 21, 1968 and March 28, 1968; and WHEREAS, said sealed propos- als were opened and read on April 15, 1968, and it has been deter- mined that the hid of Westphal and Company, Inc., 123 St. Mary's Avenue of Janesville, Wisconsin in the amount of $2,950.00 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Westphal and Company, Inc. 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 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Attest: Donald R. Meyers Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley. Coun• cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman, April 5, 1968 To the Honorable Mayor and City Council Gentlemen: 1 am enclosing copies of letters from Henningson, Durham and Richardson and from Mr. Joseph Hail about the bids received for the Mt. Carmel Pumping Station and Water Alain and the Stafford Street Pumping Station. I recommend that the low bids be accepted and contracts award- ed for the construction of the Mt. Carmel Station and Water Main. I also recommend that the contract not be awarded for the Stafford Street Station. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. (Awarding Contract) RESOLUTION NO. 164.68 WHEREAS, sealed proposals have been submitted by contractors for the Mt. Carmel Feeder Main Project pursuant to Resolution No. 100-68 and notice to bidders pub- lished in a newspaper published in said City on March 11, 1968 and March 18, 1968; and WHEREAS, said sealed proposals were opened and read on 3rd day of April, 1968, and it has been de- termined that the bid of Smitty's Excavating Service of Dubuque, Iowa in the amount of $124,709.56 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Smitty's Excavating Service and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque Special Session, April 15, 1968 203 for the complete performance 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 aut�o to return the deposit Ofbid the o heunsuccessful bid- ders. Passed and adopted this 15th day of April. 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. (Awarding Contract) RESOLUTION NO. 165.68 is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen WHEREAS, sealed proposals have been submitted by contrac- tors for the MT. CARMEL PUMP- ING STATION pursuant to Resolu- tion No. 104-68 and notice to bid- ders published in a newspaper published in said City on March 1.1, 1968 and March 18, 1968; and WHEREAS, said sealed propos- als were opened and read on 3rd day of April 1968, and it has been determined that the bid of Anton Zwack, Inc. of Dubuque, Iowa in the amount of $76.940.00 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Anton ?.Hack, Inc. and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con. tractors bond the City Treasurer Attest: Leo F. Frommel! Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 166.68 Authorizing the Purchase of Cer- tain Real Estate in the Down. town Urban Renewal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en. tered into a Leap and Capital Grad Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, there has been pre- pared on behalf of the City of Du- buque independent appraisals of certain parcels of real estate to be acquired for the project; and WHEREAS, the appraisals have been reviewed, recommended pric- es established, and the appraisals reports and certain supporting documentation submitted to the De- partment of Housing and Urban Development for their review; and WHEREAS, the City of Dubuque has received from the Department of Housing and Urban Develop- ment concurred -in acquisition pric- es for certain parcels of real estate in the Project Area; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Manaeer zed be and he is hereby and directed to execute Agree- ments of Purchase and to do any and all things necessary and re- quisite including the affixing of the City Seal to certain instru menta to purchase the following described parcels of real estate in 204 Special Session, April 15, 1968 accordance with the Downtown lir- ban Renewal Plan at their concur- red -in acquisition prices, at a total cost not to exceed $1,106,570.00. Parcel No. Lepel Description 1.4 City Lots 212 and 213 4-1 City Lots 252A, 252 and 253 4.2 City Lots 214, 215 and 215A 4-4 City Lot 217 and South one- half of City Lot 216 4-11 South One -Half of City Lot. 251 4-12 North one-half of City Lot 251 5-9 City Lot 176 8-5, 6 South one-half of City Lot 22 and Lot 2 of N. half of City Lot 22 8.7 North 20' of City Lot 21 8-11 Lot 1 and Easterly one-half of Lot designated as water- way 3/1/12' wide by 75' long in Wegel's Subdivision of City Lot 218 and the South half of City Lot 219 8-12 North 53' of City Lot 179 9.4 East 25' of City Lot 752 and East 25' of South 54' of City Lot 753 9-6 North one-third of City Lot 748 9.7 South one-third of City Lot 749 11.4 Southerly 40' of City Lot 19 11-9 West 76' of the Southerly 45'6" of City I.ot 184 12-1 North one-half of City Lot 61 12-3 South one-half of North ?�z of West 94' of City Lot 100 12-6 North one-half of City Lot 98 12-8 City Lot 97 12-11 South one-third of City Lot 63 12.12 Middle one-third of City Lot 63 12-17 North 19'6" of South 32' of City Lot 61 14-1 East 43' of City Lot 185 14.6 South one-third of City Lot 15 14-8 City Lot 13 15-1 City Lot 65 and North 7' of City Lot 65A 15-8 North one-third City Lot 67 15-10 North one-third City Lot 66 All located in the City of Du- buque, Dubuque County, State of Iowa. Passed, and adopted, and ap- proved this 15t.h day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler. Nays—Councilman Schultz. Absent—Councilman Couchman. April 15, 1968 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached sheets No. 1 to 5 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1968 Concrete Curb and Gutter Project No. 1. Submitted April 15, 1968, John L. White City Engineer Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 167.68 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 5 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1968 Concrete Curb and Gutter Project No. 1 and the valuations set out therein are hereby approved. Adopted this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Special Session, April 15, 1%8 205 Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 168.68 Preliminary Estimate and ap- proval of proposed plans, specifi- cations, form of contract, plat, and all other documents for construc- tion of CITY OF DUBUQUE 1968 CONCRETE CURB & GUTTER PROJECT NO. 1, on 1. Asbury Road from the W.P.L. of John F. Kennedy Road to the W.P.L. of Lot 1-1.1 of As- bury Park, 2. John F. Kennedy Road from the N.P.L. of Asbury Road to the N.P.L. of Lot 1 of Block 2 of "Highland" Subdivision, at an estimated cost of $128,341.52, presented and read. Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman (Necessity for Improvement) RESOLUTION NO. 169.68 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office Of the City Clerk showing among other things the following: 1. The Assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type Of construction and kind of ma terial to be used. 6. In each case the amount there - if which is estimated to be as- essed against each lot for the 'ITY OF DUBUQUE-1968--CON- 'RETE C17RB AND GUTTER 'ROJECT NO. 1. 1. Asbury Road from the W.P.L. of John F. Kennedy Road to the W.P.L. of Lot 1.1.1 of As- bury Park. Z. John F. Kennedy Road from the N.P.L. of Asbury Road to the N.P.L. of Lot 1 of Block 2 of "Highland" subdivision. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- 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 within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac. cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Street fund Bonds shall be issued and sold in anticipation of deferred payments of assessments when a 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 assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of April, 1968. 2w) Special Session, April 15, 1968 Approved and placed on file for final action. Approved: Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. (Fixing date of hearing) RESOLUTION NO. 170-68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 168-68 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1968 Concrete Curb and Gutter Project No. 1 1. Asbury Road from the W.P.L. of John F. Kennedy Road to the W.P.L. of Lot 1-1.1 of Asbury Park. 2. John F. Kennedy Road from the N.P.L. of Asbury Road to the N.P.L. of Lot 1 of Block 2 of "Highland" Subdivision and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 13th day of May, 1969, a public hearing will be held at 7:30 o'clock P.M. D.S.T., in the Council Chamber in the City of Dubuque at which time the owners of properly subject to assessment for the proposed improvement may appear and make objec. tion to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed dis- trict, to the cost of improvement, to the amount 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 published in the City of Dubuque, the last of which shall 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 reso. lution 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 which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. April 15, 1968 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached sheets No. 1 to 6 inclusive showing a schedule of the proposed valua- tions and assessments for the City of Dubuque 1968 Bituminous Con- crete Paving Project No. 1, Submitted April 15, 1968. John L. White, City Engineer Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 17168 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Special Session, April 15, 1%8 207 Section 1. That the attached sheets No. 1 to 6 inclusive are here- by determined to be the schedule or proposed assessments for the City of Dubuque 1968 Bituminous Concrete Paving Project No. 1 and the valuation set out therein are hereby approved. Adopted this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 172.68 Preliminary Estimate and Ap- proval of plans, specifications, form of contract, plat and all oth- er documents for the construction of CITY OF DUBUQUE 1968 BITU- MINOUS CONCRETE PAVING PROJECT NO. 1, on the following named alleys and streets: 1. Alley between White and Jack- son Streets—from East 20th to East 21st Streets. 2. Alley between Locust and Bluff Streets—from Seventh Street to Eighth Street. 3. Alley between Alta Place and Algona Street — from Fillmore Street to Decorah Street. 4. Broadlawn Street — from the S.P.L. of Asbury Road to the N.P.L. of Hillcrest Road. 5. Bunker Hill Street—from the S.P.L. of Finley to the N.P.L. of Green Street. 6. Bunker Hill Golf Course — Roadway. 7. Custer Street—from the W.P.L. of Atlantic Street to the E.P.L. of Auburn Street. 8. Eagle Point Park—Roadway. 9. Prairie Street—from the S.P.L. of Loras Boulevard to the N.P. L. of West 11th Street. at an estimated cost of $39,192.43, presented and read. Councilman Pregler moved that the resolution be adopted. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. (Necessity for Improvement) RESOLUTION NO. 173.68 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment Limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assess. ed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there. of which is estimated to be assess- ed against each lot, for the City of Dubuque-1968—Bituminous Con- crete Paving Project No. 1. 1. Alley between White and Jack- son Streets—from East 20th to East 21st Streets. 2. Alley between Locust and Bluff Streets—from Seventh Street to Eighth Street. 3. Alley between Alta Place and Algona Street—from Fillmore Street to Decorah Street. 4. Broadlawn Street — from the S.P.L, of Asbury Road to the N.P.L. of Hillcrest Road. 5. Bunker Hill Street—from the S.P.L. of Finley to the N.P.L. of Green Street. 6. Bunker Hill Golf Course—Road- way. 7. Custer Street—from the W.P.L. of Atlantic Street to the E.P.L. of Auburn Street. 8. Eagle Point Park—Roadway. 9, Prairie Street—from the S.P.L. of Loras Boulevard to the N.P.L. of West lith Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper. ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- ?08 Special Session, April 15, 1968 provement., and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Nays—None. Absent—Councilman Couchman. 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 proper- ty lying within assessable distance 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 according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of of the street fund, improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a 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 assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of April, 1968. Approved and placed on file for final action. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. (Fixing date of hearing) RESOLUTION NO. 17468 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 172.68 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1968 Bituminous Concrete Paving Project No. 1. 1. Alley between White and Jack- son Streets—from East 20th to East 21st Streets. 2. Alley between Locust and Bluff Streets—from Seventh Street to Eighth Street. 3. Alley between Alta Place and Algona Street—from Fillmore Street to Decorah Street. 4. Broadlawn Street — from the S.P.L. of Asbury Road to the N.P.L. of Hillcrest Road. 5. Bunker Hill Street—from the S.P.L. to the N.P.L. of Green Street. 6. Bunker Hill Golf Course — Roadway. 7. Custer Street—from the W.P.L. of Atlantic Street to the E.P.L. of Auburn Street. 8. Eagle Point Park—Roadway. 9. Prairie Street—from the S.P.L. of Loras Boulevard to the N.P. L. of West 11th Street. and, WHEREAS, the proposed Reso- lution 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 RESOLVED that on the 13th day of May, 1968, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifica- tions and proposed form of con- tract and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution 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 pub- Special Session, April 15, 1968 209 lished in some newspaper pub- lished in the city of Dubuque, the last of which shall 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 con- sideration of said resolution have on file with the Clerk objections to the amount of the proposed assess- ment, they shall have been deemed to have waived all objec. tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. April 15, 1968 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached sheets No. 1 to 17 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1968 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, submitted April 15, 1968. John L. White City Engineer Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. RESOLUTION NO. 175.68 BE IT RESOLVED BY 'I'HE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached sheets No. 1 to 17 inclusive are hereby determined to be the sched ule of proposed assessments for the �Ity of Dubuque 1968 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 and the valuations set out therein are hereby approv- ed. Adopted this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: I.eo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent ---Councilman Couchman. RESOLUTION NO. 176.68 PRELIMINARY ESTIMATE AND APPROVAL of plans, specifica- tions, form of contract, plat and all other documents for construc- tion of CITY OF DUBUQUE 1968 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1, on the following named streets: 1. Asbury Road—from the W.P.L. of J. F. Kennedy Road to the W.P.L. of Lot 1.1-1 of Asbury Park. 2. Asbury Road—from the W.P.L. of St. Ambrose Street to the E.P.I.. of Bunker Hill Road. 3. Carter Road—from the S.P.L. of Asbury Road to the N.P.L. of Mettel-Link Subdivision. 4. Chaney Road—from the S.P.L. of Asbury Road to the N.P.L. of Hillcrest Road. 5. Hillcrest Street—from the S.P. L. of Asbury Road to the E.P.L. of Carter Road. 6. John F. Kennedy Road—from the N.P.L. of Asbury Road to the N.P.L. of Lot 1 of Block 2 of "Highland Subdivision". 7. Julien Dubuque Park Road — from the S.P.L. of Julien Du- buque Drive to the Illinois Cen- tral Railroad Right-of-way. 8. Kane Street—from the E.P.L. of Chaney Road to the W.P.L. of North Grandview Avenue. 210 Special Session, April 15, 1968 9. Loras Boulevard — from the W.P.L. of Booth Street to the N.P.L. of University Avenue. 10. Pennsylvania Avenue — from the N.P.L. of University Avenue to the E.P.L. of Lot 1-E.%.2-1-2 of J. P. Mettel's Subdivision. at an estimated cost of $233,930.94, presented and read. Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley. Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. (Necessity for Improvement) RESOLUTION NO. 17768 WHEREAS, proposed plans, spe- cififications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the CITY OF DUBUQUE 1968 HOT MIX -HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT NO. 1. 1. Asbury Road—from the W.P. L. of J. F. Kennedy Road to the W.P.L. of Lot 1-1-1 of As- bury Park. 2. Asbury Road—from the W.P. L. of St. Ambrose Street to the E.P.L. of Bunker Hill Road. 3. Carter Road—from the S.P.L. of Asbury Road to the N.P.L. of Mettel-Link Subdivision. 4. Chaney Road—from the S.P.L. of Asbry Road to the N.P.L. of Hillcrest Road. 5. Hillcrest Street—from the S. P.L. of Asbury Road to the E.P.L. of Carter Road. 6. John F. Kennedy Road—from the N.P.L. of Asbury Road to the N.P.L. of Lot 1 of Block 2 of "Highland Subdivision" 7. Julien Dubuque Park Road— from the S.P.L. of Julien Du. buque Drive to the Illinois Central Railroad Right-of-way. 8. Kane Street—from the E.P.L. of Chaney Road to the W.P.L. of North Grandview Avenue. 9. Loras Boulevard — from the W.P.L. of Booth Street to the N.P.L. of University Avenue. 10. Pennsylvania Avenue — from the N.P.L. of University Ave- nue to the E.P.L. of Lot 1-E%- 2-1-2 of J. P. Mettel's Subdivi- sion. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway Special Session, April 15, 1968 211 portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on filewith the 1 City Clerk this 15th day of Aoproved and placed on file for final action. Approved: Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. (Fixing date of hearing) RESOLUTION NO. 17868 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 178.68 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1968 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1. 1. Asbury Road—from the W.P.L. of J. F. Kennedy Road to the W.P.L. of Lot 1-1-1 of Asbury Park. 2. Asbury Road—from the W.P.L. of St. Ambrose Street to the E.P.L. of Bunker Hill Road. 3. Carter Road—from the S.P.L. of Asbury Rnad to the N.P.L. of Mettel-Link Subdivision. 4. Chaney Road—from the S.P.L. of Asbury Road to the N.P.L. of Hillcrest Road. 5. Hillcrest Street—from the S.P. L, of Asbury Road to the E.P.L. Of Carter Road. 6. John F. Kennedy Road—from the N.P.L. of Asbury Road to the N.P.L. of Lest 1 of Block 2 Of "Highland Subdivision." 7• Julien Dubuque Park Road — from the S.P.L. of Julien Du. buque Drive to the Illinois Cen- tral Railroad Right-of-way. B. Kane Street—from the E.P.L. of Chaney Road to the W.P.L. of North Grandview Avenue. 9. Loras Boulevard—from the W. P.L. of Booth Street to the N.P. L. of University Avenue. 10. Pennsylvania Avenue—from the N.P.L. of University Avenue to the E.P.L. of Lot 1-E.%-2.1-2 of J. P. Mettel's Subdivision. and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 13th day of May, 1968, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the 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 hear- ing to be published in some news- paper published in the City of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution 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 which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk t♦ 212 Special Session, April 15, 1968 Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. April 15, 1968 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached sheets No. 1 to 3 inclusive showing a schedule of the proposed valua- tions and assessments for the City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 1. Submitted April 15th, 1968. John L. White, City Engineer Councilman Schultz moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 179.68 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 3 inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 1 and the valua- tions set out therein are hereby approved. Adopted this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Attest: Councilmen Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 180.68 PRELIMINARY ESTIMATE AND APPROVAL of proposed plans, specifications, form of contract, plat and all other documents for the construction of CITY OF DU- BUQUE 1968 CONCRETE PAVING WITH INTEGRAL CURB PROJ- ECT NO. 1 on the following named streets: 1. Maple Street from the N.P.L. of East 16th Street to the S.P. L. of East 18th Street. 2. East Seventeenth Street from the W.P.L. of Maple Street to R.R. tracks, at an estimated cost of $34,854.44, presented and read. Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. (Necessity for Improvement) RESOLUTION NO. 181.68 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 1 on the following named streets: 1. Maple street from the N.P.L. of East 16th Street to the S.P.L. of East 18th Street. 2. East Seventeenth street from the W.P.L. of Maple Street to the R.R. tracks. BE IT THEREFORE RESOLVED that the City Council on its own Special Session, April 15, 1%8 213 motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance 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 according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street fund, bonds shall be is- sued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed 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 plac- ed on file with the City Clerk this 15th day of April, 1968. Approved and placed on file for final action. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Attest: Councilmen Leo F. Frommelt, City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. (Fixing date of hearing) RESOLUTION NO. 182.68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 180-88 given its preliminary approval on the pro. posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1968 Con. crete Paving with Integral Curb Project No. I on the foUovdng named streets: 1. Maple Street from the N.P.L. of East 16th Street to the S.P. L. of East 18th Street. 2. East Seventeenth Street from the W.P.L. of Maple street to the R.R. tracks. and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public Inspec- tion. nspecttion. BE IT THEREFORE RESOLVED that on the 13th day of May 1968, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the 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 Ne- cessity 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 published in the City of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its con. sideration and unless property owners at the time of final consid. eration of said resolution have on file with the Clerk objections to the amont of the proposed assess- ment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections 214 Special Session, April 15, 1968 and enter on record its final de. cision thereon. Passed, adopted and approved this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun cilmen Meyers, Pregler, Scbultz. Nays—None. Absent—Councilman Couchman RESOLUTION NO. 183.68 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. Name Address Lois M. Morarend, 700 East 16th Street Betty Schmitt, 115 East. 22nd Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None, Absent—Councilman Schultz. RESOLUTION NO. 18468 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE: BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Lois M. Morarend, 700 East 16th Street Karl Henry Oleson, 1701 Asbury Street Kathleen L. Wedig, 1399 Jackson Street Raymond L. Ney, 2186 Central Avenue Betty Schmitt, 115 East 22nd Street Passed, adopted and approved this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 185-68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil, and WHEREAS, the premises to be occupied by such app inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Lois M. Morarend, 700 East 16th Street Karl Henry Oleson, 1701 Asbury Street Kathleen L. Wedig, 1399 Jackson Street Raymond Ney, 2186 Central Av. enue Betty Schmitt, 115 East 22nd Street Special Session, April 15, 1968 215 BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 186-68 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—Chapter 123—as amended by` the 80th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Lois M. Morarend, 700 East 16th Street (Effective April 29, 1968) Raymond L. Ney, 2186 Central Avenue Passed, adopted and approved this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. RESOLUTION NO. 187-68 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordin- ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Lois M. Morarend (Effective April 29, 1968), 700 East 18th Street Raymond L. Ney, 2186 Central Av- enue Passed, adopted and approved this 15th day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Mayor McCauley moved that Thomas A. Voelker be appointed to the Board of Zoning Adjustment to fill the unexpired term of Allan J. Klein to 3-5-71. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Mayor McCauley moved that Ger. ard B. Noonan be re -appointed to the Civil Service Commission for a six year term to 3.31-74; Fred E. Bissell Jr. be re -appointed to the Planning & Zoning Commission for a five year term to 5.24-73; George Deininger be re -appointed to the Planning & Zoning Commis- sion for a five year term to 5.24.73; 216 Special Session, April 15, 1968 Lester J. Streinz be re -appointed to the Board of Zoning Adjustment for a five year term to 3-5-73; Walter Lundeen be re -appointed to the Police and Fire Pension & Retirement Board for a four year term to 4.1-72; Clarence Brashaw, Theodore Glass, and John E. Brown be re -appointed to the Board of Heating, Ventilating. Air Condi- tioning & Refrigeration for three year terms to 3-16-71. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Councilman Schultz moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Mr. Fred Tippe of 1000 Kelly Lane claimed that he is a victim of injustice as to the enforcement being exercised by the building department relative to the build. ing of his home. He seemed to have made a two family home out of a single family residence, which is contrary to the building code. At the present time the matter is tc come up for a hearing in the court and the Council thought it best to wait until the hearing is completed. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Leo F. Frommelt, City Clerk Approved `.'u9U9..t .... 12.x.....1968 ........ Special Session. April 22, 1968 217 CITY COUNCIL OFFICIAL Special Session, April 22, 1968. Council met at 7:30 P.M. (C.S.TJ Present — Mayor McCauley, Councilmen Couchman, Meyers, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Mc('auley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of awarding contracts for the con- struction of Iowa Street, Fifth Street, Eighth Street storm sewers and the Iowa Street sanitary sew- er and sub -mains, in the urban renewal area, and acting upon such other business as may prop- erly come before a regular meet- ing of the City Council. Commnication of Dubuque In- dustrial Bureau, Mayors Industrial Committee, submitting an applica- tion from Vallet Poultry and rec- ommending sale of a parcel of real estate facing 12th Street near 9th & Kerper, 51200 square feet at 20¢, $10,240, presented and read. Councilman Pregler moved that the offer of purchase be approved and referred to the City Solicitor for proper proceedings. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman Meyers, Pregler, Schultz. Nays—None. Communication of Dubuque In- dustrial Bureau, Mayors Industrial Committee, submitting an applica- tion from Gierke Robinson Co. and Midwest Wheel & Rim Company, co -purchasers, and recommending sale of a parcel of real estate fac- ing 12th Street from Kerper Blvd. to a point approximately 1000' west of Kerper Blvd. containing 64,000 sgare feet, at 209 per square foot, $12,800, presented and read. Councilman Pregler moved that the offer of purchase be approved and referred to the City Solicitor for proper proceedings. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ACCEPTANCE OF FRANCHISE The undersigned, Northern Nat. ural Gas Company, a corporation, (operating as PEOPLES NATUR- AI. GAS division), for itself, its successors and assigns, hereby ac- cepts that certain ordinance, desig- nated as Ordinance No. 17-68, granting to said Northern Natural Gas Company, a corporation, (op- erating as PEOPLES NATURAL GAS division), a franchise to con. struct. maintain and operate a sys- tem of mains, pipes, services and other appliances, in, upon, over. across and along the streets and public places of the City of Du- buque, Iowa, for the purpose of transmitting, distributing and sell- ing gas for lighting, heating, indus- trial and other uses in said City, which was parsed and adopted by the City Council on the 4th day of March, 1968, this acceptance being made in compliance with Section 9 of said Ordinance. Dated at Omaha, Nebraska, this 11th day of April, 1968. Northern Natural Gas Company, a corporation, (Operating as PEO- PLES NATURAL GAS division). S. M. Sawtell Assistant Secretary By Gordon Severa Vice President of Division (Corporate Seal) Acknowledgement and Verification of Acknowledgment of Filing of Acceptance of Franchise. The receipt and filing of the foregoing Acceptance of Franchise pursuant to the provisions of Ordi- nance No. 17.68, of the City of Du. buque, Iowa is hereby acknowl- edged and verified this 16th day of April, 1968. Leo F. Frommelt Clerk (City Seal) Mayor McCauley moved that the acceptance be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. 218 Special Session, April 22, 1968 April 22, 1968 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same. COMPREHENSIVE LIABILITY Tri -Slate Paving Company, Bitu- minous Casualty Corporation SIDEWALK Hillcrest Builders, Inc., Hawkeye- Security Insurance Co. Richard Huseman & Louis Huse - man, Merchants Mutual Bonding Co. Dick Loetscher, Inc., Continental Casualty Company William O'Neill, Merchants Mu- tual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that filing of the policy and bonds be approved subject to approval of the City Solicitor. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Schultz. Nays—None. April 16, 1968 Hon. Mayor & City Council Gentlemen: In connection with the petition presented to the City Council by owners of real estate and oc- cupants thereof abutting the premises known as "Becker Quar- ry" after the matter was discussed at the Council Meeting two weeks ago and all of the parties were heard including the attorneys for the respective parties, this matter was referred to the City Attorney for an opinion concerning same, which opinion was to be rendered after conferring with Mr. David Hammer, attorney for the com- plainants and Mr. Hal Reynolds, attorney for the Becker Quarry. I met with Mr. Hammer and Mr. Reynolds on April 13th and arrived at the position of the parties. From Mr. Hammer's stand- point it would appear that the City would have the following al- ternatives available to it, which are his view of said alternatives: "1. Refuse permit and require alternate methods of blasting. 2. Hire an expert to determine the effects of blasts. 3. Enjoin the blasting as a pub. lic nuisance. 4. Place seismographs around designated homes during blast- ing." Mr. Reynold's position on be- half of his client essentially may be stated as holding that for the City Council to interject itself into this matter would be an instance of the City Council attempting to judicate matters of fact which are properly to be determined and should be determined in a civil action in a court of law, and that if the City were to summarily deny Becker Quarry a permit un- der the circumstances and under the existing facts as known that such would deprive the Becker Quarry owners to the reasonable use of their property and there- fore subject the City to respond in damages, if any, they might suffer by reason of such denial of permit under the existing facts. I was present at the Council Meeting two weeks ago and heard the public discussion concerning the Becker Quarry operation and also heard the arguments of Coun- sel and thereafter I reviewed the detailed report of the City En- gineer together with the exhibits attached to said report as well as the report bearing date of Decem- ber 4 and 5, 1967 of Neal O. Ham- man who made a general report on the blasting claims resulting from the use of explosives in Becker Quarry in Dubuque, Iowa, and I also examined the author- ities cited by Mr. Hammer in support of his position. The two principal cases, as I understand it, upon which Mr. Hammer relied were as follows: East Arkansas Construction Co. vs. James, at al, 199SW2d 589, February 17, 1947. In this case construction company in suit by residential occupants or owners abutting was enjoined from op- erating rock crusher between 7:00 P.M. and 7:00 A.M. and which iniunction was made per- manent. The Supreme Court of Arkansas affirmed on appeal and noted the testimony of wit- nesses that from 8 to 12 heavy gravel trucks were used most of the time, being frequently compelled to reduce speed on Special Session, April 22 1968 219 account of road conditions and ' shift gears; that this sometimes caused "back -firing" and other emergency noises; that head- lights from trucks flashed through windows and that the entire area was brilliantly il- luminated to facilitate work; that because of the noise em- ployees who had to communi- cate with each other spoke loud- ly while occasionally crude jokes were told and that the effect was some of the residents were unable to gain sleep until ex- haustion set in, often after 2:00 o'clock A.M. In the case of Benton, et at vs. Kernan, et at, 13 Atlantic 2nd 825 New Jersey, June 20, 1940, Complainants, (48 in number) brought action to restrain the defendants from operating their trap rock quarry and "Kernan- 0-Mix" business in such a man- ner as to constitute a nuisance and permanent injunction was granted and enjoining defend- ants f r o m discharging such blasts of dynamite or other ex- plosives in the operation of the quarry owned by defendants as to jar the dwelling houses or other buildings of any of the complainants or cause same to shake or vibrate or cause stones to be cast upon the premises of any of the complainants or to cause such noise as will oc- casion a nuisance, disturbance or annoyance to any of the complainants and their families in the enjoyment of their re- spective houses and grounds upon which they stood. In its opinion the court noted the complainants' houses were located within a radius of about 1500 feet of the quarry and the court experienced the vibrations complained of caused by two blasts set off with 135 pounds and 115 pounds of dynamite respectively while the court was in the houses of the two of the named complainants respective- ly. In examining the report of the City Engineer together with the supporting data and the various communications attached thereto it would appear that the City has instituted reasonable regulations governing the blasting operations It the Becker Quarry and there does not appear to be any evi- dence to support the denial or refusal to issue a permit by the City to the owners of Becker Quarry except the contention of the property owners who have complained to the City Council. Were the City to refuse to issue a permit to the owners of Becker Quarry or to require them to use some alternative method would expose the City of Dubuque to a claim by the Becker Quarry own- ers that its action in such refusal was arbitrary and capricious and that the City of Dubuque could very well be held to respond in damages for any that could be shown by reason of such refusal by the Becker Quarry owners. It is my opinion that there is not sufficient evidence at hand that would warrant the City com- mencing an action to enjoin the the blasting operations in the Becker Quarry as a public nui- sance when in truth and in fact such an action for an injunction would necessarily require that the City have evidence separate and beyond its own engineering de- partment and the various reports that have been attached to the City Engineer's report of the blasting operations at Becker Quarry. In conclusion therefore, it is my opinion that the City of Du- buque should not refuse or deny the issuance of a permit for blast. ing to the owners of Becker Quar- ry and that the City of Dubuque should not bring any action to enjoin the blasting operations in the Becker Quarry as a public nuisance but that in fact if the complainants' position can be sup. ported by evidence that a court of equity would grant relief. I have not devoted any atten, tion to the other alternatives as suggested by the complainants as I believe they present no legal question to be resolved. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council, 220 Special Session, .April 22, 1%8 men Couchman, Meyers, Pregler, Schultz. Nays—None. Mayor McCauley further moved that the recommendation of the City Solicitor be adopted. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—Councilman Schultz. Mayor McCauley moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None, Attorney David L. Hammer as a representative of the complain- ing citizens as to the operation of the Becker quarry stated that what they are actually seeking is a test run as to blasting in the quarry. His clients are willing to seek professional advice, namely a blasting expert, to see if there is any damage to homes in the area. Fifty four home owners involved that claim damages from the quar- ry. Attorney Hal Reynolds, repre- senting the Becker interests, stat. ed that one expert opinion has been given to the City. If one expert says yes and the other says no, what action would the Council then take? Addressing the Coun. cil further he asked are you will- ing to constitute yourself a jury? Various citizens from the area appeared before the Council second time voicing their objec- tions to the blasting operations. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend the Zon- ing Map and Zoning Ordinance so as to classify recently annexed territory described as Lot 1 of NWt/4 of NW1/4 Sec. 6 Twp 88 N. R. 3E of 5th P. M. as Heavy Indus- trial District Classification, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor McCauley moved that the proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol. lowing vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz, Nays --None. ORDINANCE NO. 20.68 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 classify recently annexed ter- ritory to the City of Dubuque, Iowa as a "Heavy Industrial District" classification, said Ordinance having been pre- viously presented and read at the Council meeting of March 18, 1968, presented for final adoption. ORDINANCE NO, 20-68 AN ORDINANCE AMENDING A N D CHANGING ORDINANCE NO. 3.34 KNOWN AS THE ZONIIG MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE EIOWA, SO AS TO TERRSIFY TORY TOC THE CITY OF DUD. B000E, IOWA AS A "HEAVY INDUS- TRIAL DISTRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 known as the Zoning Mao and Zoning Ordinance of the City of Dubuque, Iowa, be and the same Is hereby amended by designating and classifying the recently annexed real estate described as follows: Lot t of the North West One Quarter of the North West One Quarter of Section 6. Township 88 Nvrth Range 3 East of the 5th Principal Meridian Inthe City of Dubuque, Iowa, be and the same is hereby classified as Heavy Industrial District" Classification. Passed, approved and adopted this 22nd day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 1`211shed officiallyy In the Telegraph - Hera d Newspaper thls 26th day of April 1968. Leo F. Frommelt City Clerk. I t. 4.26 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher of notice of Public hearing to amend the Zon- ing Map and Zoning Ordinance so as to change the east 60' of Lot 2 of Lot 6-F; the east 60 feet of Lot 2 of 4-D; and the east 60' of Lot 2 of 1 of 4-D, in L. H. Langworthy Addn. from Multiple Family Residence to Business Dis- Special Session, April 22, 1968 221 trict Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 22-68 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Multiple Fam- ily Residence District" classi- fication to "Business District" classification, said Ordinance having been previ- ously presented and read at the Council meeting of March 25, 1968, presented for final adoption. ORDINANCE NO. 22-M A�opEHANGE pw aaooNo��o CEItV 0.�e YNAF- F ARMD LS R BEEE UBUQUE DIp7FEp O E TO D U�5L7 R CTE pTRyASTIFEEIC ASSISSFICAAETIOBUSINE55 DEISp- tJ0 TCCYTTOFR DUBUQU UNICNILAIT : ITHE `Section 1 That Ordinance No. 3-34 known as fhe Zoning Map and Zoning Ordinance of the City of Dubuoue, Iowa, be and the same Is hereby arnendetl by changieq from 'M^rtlolP FAtnlly Resl- dence District" Classification to "Business Dklrl t" Classification, the following delcrl real estate, to wit: The east 60 feet of Lot 2 of Lot 6 F; the east 60 feet of Lot 2 of 4•D and the east 60 feet of Lot 2 of 1 of and II In L. H. Langworthy Addition In POassedCity efppru pueendwadopted this 22ntl dar of Aorll.d 1968. Sylvester McCauley Mayor Walter A. Pregler Morin F. ScChultz Ge lordd M MCouchnnan ry Councilmen lt A utp4p1 Clerk off cle IYmaln the Telegrapll- Hereltl Newspaper this 26th day of April I%e. Leo F. Frommelt It. 426 City Clerk. Councilman Meyers moved final adoption of the Ordinance. Second. ed by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 23.68 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Multiple Fam- ily Residence District" classi. fication to "Business District" classification, (property south of 22nd Street, adjoins Moab street, lies 100' west of Cen. tral Avenue), presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Coundl- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved that a public hearing be held on the Ordinance on June 3, 1988, at 7:30 O'Clock P. M. Daylight Saving Time, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 24-68 An Ordinance amending and changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Family Residence District" classification to "Multi- ple Family Residence District" Classification, (property located on north side of Fremont Ave. nue and lies adjacent to the cor. poration line), presented and read. 222 Special Session, April 22, 1968 Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. 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 Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Meyers moved that a public hearing be held on the Or- dinance on June 3rd, 1968, at 7:30 o'clock P.M. Daylight Saving Time, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner re- quired by law. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on 2102 Windsor Avenue to repair customer service, presented and read. Councilman Pregler approved the petition. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Renier Realty Co. re- questing permission to retain their present location at 520 Main Street rather than relocate due to Urban Renewal, presented and read. Ma- yor McCauley moved that the pe- tition be received and filed.Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. .Nays—None. Petition of V.F.W. requesting permission to conduct their annual poppy day sale on May 17th and 18th, presented and read. Council- man Pregler moved that the peti. tion be referred to the Mayor and City Manager. Seconded by Coun. cilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of V.F.W. Memorial Day Committee requesting permission to conduct a Memorial Day Parade on May 30th, presented and read. Councilman Meyers moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchmen, Meyers, Preg- ler, Schultz. Nays—None. Petition of Mrs. L. 0. Johnson requesting permission to address the Council at the meeting of April 22, 1968, presented and read. Mayor McCauley moved that the petition be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Mrs. Johnson addressed the Council as to the problem of re- aligning voting precincts in the City according to district lines es- tablished by the 62nd General As- sembly. After considerable discus- sion as to precinct lines, size of precincts, district lines etc. and in- formation acquired from reliable sources it was decided that it would be in the best interest of the community as a whole to wait on the results of the reapportion- ment election this fall. The City Attorney was instructed to procure all available information relative to changing of the precincts, that would coincide with the one man, one vote principal decision of the Supreme Court. Proof of Publication, certified to by the Publisher, of notice to con. tractors of receipt of proposals for construction of the Iowa Street storm sewer, 1968 from S.P.L. of 4th Street to N.P.L. of 9th Street, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Special Session, April = 196$ 423 Carried by the following vote: Yeas — Mayor McCauley, Coun cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. April 22, 1968 To The Honorable Mayor and Citv Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, April 22, 1968 for the construction of the Iowa Street Storm Sewer 1968. The lowest bid entered was sub- mitted by Flynn Company, Inc. of Dubuque, Iowa. Their bid was 10.9% under the Engineer's esti- mate. I recommend that the contract for the improvement be awarded to Flynn Company, Inc. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 188-68 WHEREAS, sealed proposals have been submitted by contrac- tors for the IOWA STREET STORM SEWER 1968 pursuant to Resolution No. 143-68 and notice to bidders published in a newspa- per published in said City on April 4th, 1968 and April 11th, 1968; and WHEREAS, said sealed propos- als were opened and read on April 22nd, 1968, and it has been deter- mined that the bid of Flynn Com- pany, Inc. of Dubuque, Iowa in the amount of $13,666.80 was the lowest bid for the furnishing of all labor and materials and per. forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award A to Flynn Company. Inc. and the danger be and he is hereby di- ,ected to execute a contract on be- ialf of the City of Dubuque for he complete performance of said cork. BE IT FURTHER RESOLVED, .hat upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 22nd Jay of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice to contractors of receipt of propos- als for the construction of the Fifth Street Storm Sewer 1968 from W.P.L. of White Street to the W.P.L. of Locust Street, pre- sented and read. Councilman Mey. ers moved that the proof of pub- lication be received and filed. Sec. onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. April 22, 1968 To The Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, April 22, 1968 for the construction of the Fifth Street Storm Sewer 1968. The lowest bid entered was c uo mitted by Flynn Company, n 224 Special Session, April 22, 1968 Dubuque, Iowa. Their bid was 13.6% under the Engineer's esti- mate. I recommend that the contract for the improvement be awarded to Flynn Company, Inc. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor McCauley moved approv- al of the Manager's recommenda- tion. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 189.68 WHEREAS, sealed proposals have been submitted by contrac- tors for the FIFTH STREET STORM SEWER 1968 pursuant to Resolution No. 149-68 and notice to bidders published in a newspa- per published in said City on April 4th, 1968 and April 11th, 1968; and WHEREAS, said sealed propos- als were opened and read on April 22nd, 1968, and it has been deter- mined that the bid of Flynn Com- pany, Inc. of Dubuque, Iowa in the amount of $28,080.00 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Flynn Company, Inc. and the Manager be and he is hereby di. rected to execute a contract on be. half of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the 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 22nd day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of receipt of proposals for the construction of the Eighth Street Storm sewer 1968 from E.P. L. of Central Avenue to W.P.L. of Iowa Street, presented and read. Councilman Couchman moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. April 22, 1968 To The Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, April 22, 1968 for the construction of the Eighth Street Storm Sewer 1968. The lowest bid entered was sub- mitted by Flynn Company, Inc. of Dubuque, Iowa. Their bid was 8.8% under the Engineer's esti- mate. I recommend that the contract for the improvement be awarded to Flynn Company, Inc. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation be received and filed. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- Special Session, April 22, 1968 223 cilmen l ouchman, Meyers, Preg- ler, Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 190.68 WHEREAS, sealed proposals have been submitted by contrac- tors for the Eighth Street Storm Sewer 1968 pursuant to Resolution No. 147.68 and notice to bidders published in a newspaper pub- lished in said City on April 4th, 1968 and April 11th, 1968; and WHEREAS, said sealed propos- als were opened and read on April 22nd, 1968, and it has been deter- mined that the bid of Flynn Com- pany, Inc. of Dubuque, Iowa in the amount of $18,270.00 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the cor..tract for the above mentioned improvement be award- ed to Flynn Company. Inc. and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the 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 22nd day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. F rommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayer McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, carried to by the Publisher, of notice to con- tractors of receipt of proposals for construction of the Iowa street san. itary sewer 1968 from S.P.L. of 4th Street to N.P.L. of 9th Street in. cluding sub mains on 6th Street from Iowa Street 111' west and 7th street from Iowa Street 132' cast, presented and read. Council. man Meyers moved that the proof of publication he received and fil- ed. Seconded by Councilman Couchman. Carried by the follow. ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. April 22, 1968 To The Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, April 22, 1968 for the construction of the Iowa Street Sanitary Sewer 1968. The lowest bid entered was sub- mitted by Flynn Company, Inc. of Dubuque, Iowa. Their bid was 14.81" under the Engineer's esti- mate. I recommend that the contract for the improvement be awarded to Flynn Company, Inc. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the recommendation of the City Manager be received and filed. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays --None. (Awarding Contract) RESOLUTION NO. 191.68 WHEREAS, sealed proposals have been submitted by contractors for the Iowa Street Sanitary Sewer 1968 pursuant to Resolution No. 14.5-68 and notice to bidders pub- lished in a newspaper published in said City on April 4th, 1968 and April 11th, 1968; and WHEREAS, said proposals were opened and read on April 22nd, 1968, and it has been determined that the bid of Flynn Company, Inc. of Dubuque, Iowa in the amount of $24,624.60 was the low- 226 Special Session, April 22, 1968 est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now there- fore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Flynn Company, Inc. and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bend the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 22nd aay of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 192.66 Authorizing the Publication of Notice of the Proposed Sale of Preliminary Loan Notes and the Receiving of Proposals for the Sale of Said Notes for the Down. town Urban Renewal Project WHEREAS, under date of July 26, 1967, the City of Dubuque en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date of Aug- ust 14, 1967, the Council of the City of Dubuque adopted Resolu- tion No. 245.67 authorizing to be issued, from time to time, Project Temporary Loan Notes in connec- tion with the Downtown Urban Renewal Project, Iowa R-15, in an aggregate principal amount out. standing at any one time of not to exceed $8,624,313; and WHEREAS, under dates of Aug- ust 14, 1967 and February 7, 1968, the Council of the City of Dubuque authorized the issuance of its Proj- ect Temporary Loan Notes 1 and 2 in an aggregate principal amount of $3,000,000 to finance certain un- dertakings in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in order to refinance the outstanding Project Temporary Loan Notes and to provide addi- tional funds for project execution activities, it is necessary for the City of Dubuque to sell Prelim- inary Loan Notes totaling $4,975,- 000; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Clerk be and he is hereby authorized and directed to publish according to the law "Notice of Sale of $4,975,- 000 Preliminary Loan Notes of City of Dubuque, Iowa" in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the City Clerk be and he is hereby authorized and directed to accept and tabulate proposals for the sale of said notes and to send telegrams of accept- ance to the low bidder or bidders all in accordance with instructions covering such transactions as pro- vided by the Department of Hous- ing and Urban Development, Unit- ed States of America. Section 3. That a special meeting of the Council of the City of Du- buque shall be held as soon as practical after the bid opening date of May 7, 1968 to adopt such resolution or resolutions necessary for the consummation of the sale of the Preliminary Loan Notes to the lowest bidder or bidders and for the providing of a Project Temporary Loan Note (Escrow) to the United States of America. Passed, and adopted, and ap- proved this 22nd day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Special Session, April 22, 19f8 227 Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, COun- cilmen Couchman, Meyers, Pregler. Nays --Councilman Schultz. RESOLUTION NO. 19348 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 permit to sell Cigarettes and Cigarette Papers within said City. Name Address Fred Vyverberg (Transfer from 1828 Central Ave.), 678 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 22nd day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 19468 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE 1T RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Richard N. Stecklein, 450 West Locust Street Herbert F. Bisping, 1401 Elm Stree, Mrs. Margaret Leiser, 2417.242: Rhomberg Avenue ?red Vyverberg (Transfer from 1828 Central Ave.), 678 Central Avenue CLASS "C" BEER PERMIT arl Van Duelman, 590 Clarke Drive Passed, adopted and approved [his 22nd day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 195.68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Richard N. Stecklein, 450 West Locust Street Herbert F. Bisping, 1401 Elm Street Mrs. Margaret Leiser, 2417-2423 Rhomberg Avenue Fred Vyverberg (Transfer from 1828 Central Ave.), 678 Central Avenue CLASS "C" BEER PERMIT Carl Van Duelman, 590 Clarke Drive BE IT FURTHER RESOLVED that the bonds filed by such up, plicants be and the same are here• by approved. M Special Session, April 22, 19CA Passed, adopted and approved this 22nd day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Mevers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 196.68 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Name Address Mrs. Margaret Leiser, 2417.2423 Rhomberg Avenue Passed, adopted and approved this 22nd day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 197.68 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they hav received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Name Address Mrs. Margaret Leiser, 2417-2423 Rhomberg Avenue Passed, adopted and approved this 22nd day of April, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mr. Joseph Schillz of 2747 Cen- tral Ave. addressed the Council by requesting that Central Avenue be made a one-way street from Twen- ty First Street to 32nd Street. May- or McCauley referred the matter to the City Manager and Street De- partment for study. There being no further business Councilman Schultz moved to ad- journ. Seconded by Councilman Special Session, April 22, 1968 229 Couchman. Carried by the follow- ing vote: yeas --Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays --None. Leo F. Frommelt, City Clerk Approved PUSAs t ... j? „1968 Adopted .... .....1968 ............. ........... ................ City Clerk IW__'VxL" 2 Councilmen Regular Session, May 6, 1968 231 OTY COUNCIL (OFFICIAL) Regular Session, May 6, 1968. Council met at 7:30 P.M. (D.S.T.) Present — Mayor McCauley, Councilmen Couchman, Meyers, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Mc(auley read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such busi- ness as may properly come before the meeting. April 25, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Treasurer, Wa- ter Department and Acting City Auditor, as well as a list of claims and payrolls for the month of March 1968. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of receipts and a list of claims for which warrants were drawn dur- ing the month of March 1968, pre- sented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays --None. May 6, 1968 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same. COMPREHENSIVE LIABILITY Carl W. Klostermann, The Hart- ford Insurance Group Edward D. Tschiggfrie, Jr, and Joan Tschiggfrie, The Western Casualty & Surety Co. Adrian C. Swift d/b/a Swift Plumbing and Heating Company, The Aetna Casualty & Surety Co. SIDEWALK Edwards Construction Co., Mer- chants Mutual Bonding Compa- ny Gerald W. Erschen & Fred E. Smith, d/b/a Erschen & Smith Construction Co., Iowa Surety Company Cletus Palm, Merchants Mutual Bonding Company Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the bonds and policies be filed subject to approval of the City Solicitor. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. May 6. 1968 To The Honorable Mayor and City Council Gentlemen: I hereby submit the attached for your approval, Plastic Center, Inc., Louis H. Pfohl, President, request- ing permission to construct a walk- way entrance into the north side of the old Frommelt Building lo- cated at the southeast corner of Third and Main Streets. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor McCauley moved that the communication be referred to the Manager and City Solicitor. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. May 6, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and 'Zoning Commission has held a Public Hearing on the following proposal: 2332 Regular Session, May 6, 1968 that Lot 1 of Subdivision of Lot I of Lot 2 of Lot 9 of Subdivi- sion of Mineral Lot 73; Lot 2 of Subdivision of Lot 1 of Lot 2 of Lot 9 of Subdivision of Mineral Lot 73; and Lot 1 Massey Heights addition in the City of Dubuque, Iowa be reclassified from Two Family Residence District to Multiple Family Residence Dis- trict; and that Article IV, Sec- tion 2(h) be amended to include the above described property. This property is located at 968 W. 3rd 3t. and is occupied by a Single Yamily Residence at the present time. Classification of this site as s Multiple Residence Dis- trict would be an extension of the existing district on the zoning map. The attached map indicates the lo- cation of this site and the zoning of the property around it. Because of the proximity to the hospital and the envisioned uses of the land in this area, it was the opinion of the Planning and Zon- ing Commission that a medical of- fice on this site would be an ap- propriate use of it. There was no one at the public hearing to speak in opposition to the proposal. Dr. ,lames O'Brien, 1155 Arrowhead Drive, was pres- ent to speak in favor of the pro- posal and stated that he intended to build an office on the property if it were rezoned. It is the recommendation of the Planning and Zoning Commission that the request be approved. Respectfully submitted, Planning and Zoning Commission Don Gilson Director of Planning Councilman Pregler moved that the recommendation be approved and referred to the City Solicitor for proper proceedings. Seconded by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Honorable Mayor and May 6, 1968 Council Members Gentlemen: The City Planning and Zoning Commission has held a Public Hear- ing on the following proposal: that Lot 2 of Lot 1 of Lot 1 of Lot 4; Lot 2 of Lot 4; Lot 3 of Lot 4; Lot 4 of Lot 4; Lot 5 of Lot 4; Lot 2 of Lot 6 (except the northerly 12') all in Mrs. L. H. Langworthy's Subdivision of Min. eral Lot 73, be reclassified from Two Family Residence District to Multiple Residence District on the zoning map This property is located on the north side of Langworthy Avenue, midblock between Hill and Alpine Street. An 80' strip of the property extends north to 3rd Street. At the present time, the property is oc- cupied by a four -car garage. Mr. Martin Cooney, spoke on behalf of the applicant. Mr. Dick Loetscher explained the development plans for the site which included the er- rection of three 12 -unit apartment houses. The following persons spoke in opposition to the propos- al: Wm. Thill, 1110 Langworthy; Frank Cieciarelli, 205 Hill St.; James Ryan, 175 Alpine; Mrs. Rob- ert Vernon, 120 Hill Street; Mrs. Daniel Ames, 257 Hill Street.; Rob- ert Vernon, 120 Hill Street; Michel Walsh, 195 Alpine; M. W. Whitlow, 230 Alpine; Wm. Jotham, 1033 Langworthy Ave. It was the general opinion of the people who spoke in opposi- tion to the proposal was that the building of apartments on this site was not in keeping with the estab- lished character of the area, that the increased traffic that would be caused by the proposed develop- ment would cause congestion in the streets and that the site should be developed as a park as proposed in the General Development Plan for Dubuque. At the present time, this area is classified Two Family Residence on the Zoning Map. It is the recommendation of the Planning and Zoning Commission that the area remain in the Two Family Residence Ditsrict and that the request as submitted be denied. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Councilman Schultz moved to ap- prove denial of the original re- quest. Seconded by Councilman Pregler. Carried by the following vote: Regular Session, May 6, 1968 233 Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Notice of claim for Mrs. David j. Powers of 2390 Green Street, in the amount of $125. for person- al item picked up by the city rub- bish crew evidently by mistake, and hauled to the dump on April 26, 1988, presented and read. Council- man Meyers moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Notice of claim of Miss Donna YanWynsberghe of 672 W. 5th St., in an unspecified amount for personal injuries received in a fall at 1203 Grove Terrace on an icy sidewalk, on January 20, 1968, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Sol- icitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Notice of claim of Jos. L. Wag- ner of 395 Burch Street, in the amount of $12.55 for car damage incurred as the result of striking a rock in the street at the 9th street turn-off on Hill Street on April 1, I968, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council men Couchman, Meyers, Pregler, Schultz. Nays --None. Petition of Dubuque Community School District requesting permis- sion to use aerial pieces during the course of five home football games from September 13th to November 8th, 1968, presented and read. May- or McCauley moved approval of the petition subject to proper sup- ervision by the Fire Department. Seeonded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on Balke street, presented and read. Councilman Schultz moved that the petition be granted. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, P-egler, Schultz. Nays—None. Petition of Playground & Recrea- tion Commission requesting per- mission ermission to use a mobile playground unit and a P.A. system to contact neighborhoods from May 13th to 24th, with the P.A. system Iocated at 8th & Main from May 25th to 27th, to distribute brochures and make the citizens aware of the recreational programs available to bring them during the summer months, presented and read. Coun- cilman Meyers moved approval of the petition. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Mr. Richard Slattery, Director of Recreation, explained the pro- posed advertising program to the Council. He also presented the Council with brochures explaining and outlining the various available activities for young and old dur- ing the summer months. Petition of Joseph J. Bitter at- torney, requesting permission to address the Council relative to Section 15 of the Dubuque Plumb- ing Code, presented and read. Mr. Bitter assured the Council that his request is not related to the pending Kann case. He is mak- ing this request in behalf of 1300 citizens relative to the Plumbing Code. 234 Regular Session, May 6, 1968 Councilman Pregler moved that Mr. Bitter's petition be received and filed. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Mayor McCauley further moved that at the time the Kann case is adjudicated a time be set to hear Mr. Bitter and that he be so noti- fied. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Hillcrest Investment Inc. requesting rezoning of Block 22 in Key Knolls Subdivision from Multiple Use classification to pro- fessional office use classification, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Schultz. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Schultz. Nays—None. Petition of Conrad Construction Co. requesting permission to exca- vate at 2665 Van Buren Street, Presented and read. Councilman Meyers moved that the petition be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Petition of James G. Patrum et al (108 signatures) objecting to suggested proposal of the Planning & Zoning Commission to use Syl- van street in lieu of Bies Street for a Pennsylvania street access for traffic from the Kennedy Square Shopping Center, present- ed and read. Mayor McCauley moved that the petition be re- ferred to the City Manager. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz, Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at 2735 Windsor Ave., presented and read. Councilman Pregler moved that the petition be granted. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at 1670 Glen Oak, presented and read. Councilman Pregler moved that the petition be granted. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Mrs. Don Kirehberg et al (644 signers) requesting the establishment of parks or related supervised recreational facilities in the area lying west of Carter Road, presented and read. Mayor McCau- ley moved that the petition be re- ferred to the City Manager and staff for study. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Carl Klostermann of 2342% White Street, requesting permission to excavate in the streets and alleys of the City, pre- sented and read. Councilman Mey- ers moved that the petition be granted. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Mrs. Lynn S. puller of 1145 S. Grandview requesting reconsideration of the ordinance making it illegal to burn leaves, presented and read. Mayor McCau- ley moved that the petition be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Robert A. Sullivan et al requesting rezoning of the Regular Session, May 6, 1968 235 Middle 14, of City Lot 663 and the south 40.10' of North M 'n of City Lot 663 located at 1375 Locust Street from Multiple Dwelling clas- sification to Business District Clas- sification, presented and read. Councilman Meyers moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Schultz. Nays—None. Petition of Raymond C. Kratz requesting a refund of $150. on the unexpired portion of Class B Beer License No. 27, as he has discon- tinued business on 4-27.68, pre- sented and read. Councilman Schultz moved that the petition be granted and the Auditor instruc- ted to issue proper warrant. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays_None. Petition of Emil H. Koenig re- questing a refund of $100. or. the unexpired portion of Class B beer license No. 5, as he ha:-, discon- tinued business on 4-27-68, pre• sented and read. Councilman Schultz moved that the refund be granted and the Auditor instruc- ted to issue proper warrant. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas --Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice to contractors of receipt of proposals for the construction of City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 2, Iowa street from Third street to Tenth street, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilman Couchman, Meyers, Pregler, Schultz. Nays—None. May 6, 1968 To The Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, scaled bids were received until 10:00 A.M., Monday, May 6, 1968 for the City of Dubuque 1968 Con- crete Paving with Integral Curb Project No. 2. The lowest bid en- tered was entered by the Flynn Company, Inc. of Dubuque, Iowa. Their bid was 5.40 over the esti- mate. I recommend that the contract for the improvement be awarded to the Flynn Company, Inc. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 198-68 WHEREAS, sealed proposals have been submitted by contrac- tors for the construction of City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 2 pursuant to Resolution No. 151.68 and notice to bidders published in a newspaper published in said City on April 4, 1968 and April 11, 1968; and WHEREAS, said sealed propos- als were opened and read on May 6, 1968, and it has been deter- mined that the bid of Flynn Com- pany, Incorporated of Dubuque, Iowa in the amount of $215,502.85 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Flynn Company, Incorpo- rated and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- forn,ance of said work. g Regular Session, May 6. 1964 23 BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con. tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 6th day of May, 1968.SylvesterMcCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 199.68 WHEREAS, City of Dubuque, Iowa, has purchased from W. R. Gruwell and Lila M. Gruwell, hus. band and wife, the following de- scribed real estate: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Laurel Place, a Subdivision in the City of Dubuque, Iowa, for the sum of $1250.00; and WHEREAS, the said W. R. Gru- well and Lila M. Gruwell have de- livered to City of Dubuque a war- ranty deed dated April 30, 1968, conveying the above described real estate to City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of the warranty deed dated April 30, 1968 executed by W. R. Gruwell and Lila M. Gruwell, husband and wife, conveying the real estate to City of Dubuque, Iowa, described in the preamble hereof be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to file said warranty deed in the office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 6th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ad- option of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 200-68 Accepting Delivery of Deeds for the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the following described parcels of real estate in the Downtown Urban Re- newal Project, Iowa R-15 is here- bv ratified and accepted by the City of Dubuque. Grantor: Madeline Rhomberg, a widow. Deed dated April 9, 1968. Recorded in Book 195, Page 262. Property Description: City Lot 223 and Lot 1 City Lot 222 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubu- que, Iowa, and the recorded Plat thereof. (Parcel 7-5) The West one-half of City Lot 254 in the City of Dubuque, Iowa, according to the United States Regular Session, May 6, 1968 2.37 Commissioners' Map of the Town (now City) of Dubuque, Iowa. (Par- cel 1.5) Grantor: Charles H. Rhomberg and Mildred M. Rhomberg. Deed dated April 29, 1968. Recorded in Book 195, Page 368. Property De- scription: South one-half of Lot 216 and Lot 217 in the City of Dubuque, Iowa, according to the United States Commsisioners' Map thereof. (Parcel 4.4) Grantor: Abeln Abstract Com- pany. Deed dated April 1, 1968. Re- corded in Book 195, Page 210. Property Description: The Easterly twenty (20) feet of the Westerly sixty (60) feet of Lot 218, in the City of Dubuque. Iowa, according to the United States Commission- er's Map of the Town of Dubuque, Iowa. (Parcel 4.6) Grantor: Crescent Realty Corp- oration. Deed dated April 2, 1968. Recorded in Book 195, Page 220. Property Description: South 25 feet of Lot 174 and North % of Lot 175 in the City of Dubuque, Iowa, according to the United States Commissioners' Map there- of. (Parcel 5-12) Grantor: Charles H. Rhomberg and Mildred M. Rhomberg. Deed dated April 9, 1968. Recorded in Book 195, Page 261. Property De- scription: Lot 248 in the City of Dubuque, Iowa, according to the United States Commissioners; Map thereof. (Parcel 7-1) Grantor: Marie I. Ryan and James F. Ryan. Deed dated March 29, 1968. Recorded in Book 195, Page 199. Property Description: Lot 221 in the City of Dubuque, Iowa, according to the United States Commissioners' Plat of the survey of the town, now City, of Dubuque, Iowa; and Lot 2 of the Subdivision of Lot 222 in the Town, now City of Dubuque. Iowa, accord- ing to the United States Commis- sioners; Plat of the survey of said Town and according to the Plat of the Subdivision of Lot 222 found in Book of Plats Number 14 at Page 10. (Parcel 7-4) Grantor: American Finance Deed dated March 29, 1968. Record- ed in Book 195, Page 315. Prop. 9"Y Description: Lot 221 in the City of Dubuque, Iowa, according to the United States Commission. ers' Plat of the survey of the town now City, of Dubuque, Iowa; and Lot 2 of the Subdivision of Lot 222 in the Town, now City, of Du- buque. Iowa, according to the Unit. ed States Commisisoners; Plat of the survey of said Town and ac- cording to the Plat of the Sub- division of Lot 222 found in Book of Plats Number 14 at Page 10. (Parcel 7-4) Grantor: Merchants Supply Com- pany, an Iowa Corporation. Deed dated April 3, 1968. Recorded in Book 195, Page 233. Property De- scription: The Northerly 42.97 feet of Lot 181 in the City of Dubuque, Iowa according to the United States Commissioners' Map thereof (Parcel 11.1) Grantor: Madeline W. Rhomberg, a widow. Deed dated April 9, 1968. Recorded in Book 195, Page 263. Property Description: The South- trly two-thirds of City Lot 64 in the City of Dubuque, Iowa, accord- ing to the United States Commis- sioner's Map of the town (now City) of Dubuque, Iowa. (Parcel No. 12.9) Grantor: A. C. Feldman and Dor- othy M. Feldman. Deed dated March 28, 1968. Recorded to Book 195, Page 201. Property Descrip- tion: The North (also called North- erly) one-half of Lot 235, Lot 236 and the South (also called South- erly) one-half of Lot 237, in the City of Dubuque, according to the United States Commissioners' Plat of the Town (now City) of Du- buque, Iowa. (Parcel 13-5) Grantor: John A. Nagle. Dead dated March 20, 1968. Recorded in Book 195, Page 200. Property De- scription: The North (also called Northerly) one-half of Lot 235, Lot 236 and the South (also called Southerly) one-half of Lot 237, in the City of Dubuque, according to the United States Commissioners' Plat of the Town (now city) of Du- buque, Iowa. (Parcel 13.5) Grantor: Dubuque Post No. three of American Veterans of World War No. Two. Deed dated March 29, 1968. Recorded in Book 195, Page 221. Property Description: Lot one (1) of the subdivision of the South two-thirds of City Lot 67, and the Northerly eleven inches of City Lot 68, in the City of Du- buque, Iowa( according to the Plat thereof in Book of Plats 21, page 148, of the records of Dubuque, County Iowa. Section 2. That the recording of the respective deeds of conveyance 118 Regular Session, May 6, 196f of title in the office of the Record- er in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and di- rected to file a copy of this Reso- lution in the office of the Record- er in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Mevers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Nays—Councilman Schultz. RESOLUTION NO. 201.68 Authorizing the Execution of a Contract with Barton-Aschman Associates, Inc. for, continuing design consultation for the Downtown Urban Renewal Proi- ect, Iowa R -1S WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Con- tract for the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, B a r t o n-Aschman, Inc. under a separate contract pre- pared a Design Study and Plan dur- ing the planning stage of the Proj- ect; and WHEREAS, the success of the Downtown Urban Renewal Proj- ect will be influenced materially by the condition and aesthetic ap- pearance of existing and proposed buildings and the quality of site development within the Project area; and WHEREAS, it is essential that buildings and their appurtenances, now and in the future, be in har- mony with one another and with proposed public improvements; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to enter into a contract with Barton-Aschman Associates, Inc. for continuing design consulta. tion in connection with rehabilita- tion of buildings not to be acquired and disposition parcel proposals at a total cost not to exceed $7,400. Passed, and adopted, and ap- proved this 6th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Nays—Councilman Schultz. RESOLUTION NO. 202-68 Authorizing the Execution of a Contract with Barton-Aschman Associates, Inc. for the Final Design plans for the Pedestrian - way in the Downtown Urban Re- newal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered in a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, it is necessary to prepare the required design plans and other relevant studies and documents for the construction of the Main Street Pedestrianway; and WHEREAS, Barton-Aschman As- sociates, Inc. prepared the docu- mentation for the pedestrianway during the planning stage of the Downtown Urban Renewal Project, and by virtue of their experience with pedestrian ways in other local- ities: now therefore BE IT RESOLVED BY THE COUNCII. OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to enter into a contract with Barton-Aschman Associates, Inc. for the following services in connection with the Main Street Pedestrianway for the Downtown Urban Renewal Project, Iowa R-15, Regular Scission, May 6, 1968 239 at a total cost not to exceed $36,- 500. A. Survey and Preparation of Base Map Material B. Final Construction Design and Cost Estimates Passed, and adopted, and ap- proved this 6thSyl ester fMcCauley68 Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Nays—Councilman Schultz. RESOLUTION NO. 203.68 Authorizing the Execution of a Contract Amendment with Real Estate Research Corporation for Certain Land Disposition Serv- ices for the Downtown Urban Re- newal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, Real Estate Research Corporation prepared during the planning stage of the Project both the Land Utilization and Market Study and the first reuse appraisal; and WHEREAS, it is necessary and desirable that Real Estate Research Corporation perform additional services to expedite the disposition of cleared land in the Project Area; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to enter into an amend- ment to the contract for the First Reuse appraisal with Real Estate Research to provide for the follow- ing disposition services for the Downtown Urban Renewal Project, Iowa R-15, at a total cost of $7.500. A. Continuing Market Consulta. tion. B. Review development proposals for marketability and economic feasibility. C. Determine market implica- tions of plan changes. D. Reappraise as necessary dis- position sites. Passed, and adopted, and ap- proved this 6th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Nays—Councilman Schultz. RESOLUTION NO. 2114.68 Authorizing the Execution of a Contract with Barton-Aschman Associates, Inc. for certain traf- fic signal construction plans and other related items for the Downtown Urban Renewal Proj- ect, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America ent- ered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, Barton-Aschman As- sociates, Inc. are, under a sep- arate contract, providing a prelim- inary design for a coordinated sys- tem of traffic signals to serve the downtown area of the City of Du- buque, and WHEREAS, it is necessary that detailed construction plans be pre- pared for a pretimed, intercon- nected traffic signal system for certain intersections of Iowa Street; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Manag- er be and he is hereby authorized and directed to enter into a con- tract with Barton-Aschman As- sociates, Inc. for the following services for a traffic signal sys- tem for Iowa Street in the Down- town Urban Renewal Project, Iowa 240 Regular Session, May 6, 1968 R-15, at a total cost not to exceed $8,000. A. Construction plans and spec- ifications. B. Construction inspections. C. Review of bids, contractor's material lists and shop drawings, and contractor's payment requisi- tions. Passed, and adopted, and ap- proved this 6th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—Councilman Schultz. RESOLUTION NO. 205.68 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, com- posed of Sylvester McCauley, Ma. yor, Joseph Voelker, Chairman of Dock Board and Robert E. Doro- thy, Manager of Dubuque Indus- trial Bureau has recommended to the City Council of Dubuque, Iowa, that the application to purchase certain real estate by Gierke -Rob- inson Co. and Midwest Wheel and Rim Co. for the purpose to con- struct and erect a new plant thereon; and WHEREAS, the City Council of Dubuque, Iowa, has examined said application and said recommenda. tion by the Mayor's Industrial Committee and find that the sale of said real estate should be ap- proved; and WHEREAS, said real estate sought to be purchased by Gierke - Robinson Co. and Midwest Wheel and Rim Co. is described and known as follows: A parcel of land lying in Block 3, Riverfront Subdivi- sion No. 2, measuring approxi- mately 250 feet by 256 feet, containing 64,000 square feet in the City of Dubuque, Iowa. NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the application of Gierke -Robinson Co. and Mid- west Wheel and Rim Co. to pur- chase a parcel of real estate in the Industrial Park of Dubuque, Iowa, which real estate shall hereafter be described and known as fol- lows: Lot 1 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa. be and the same is hereby ap. proved upon the following terms and conditions: A. That said parcel of real es- tate be sold to Gierke -Robinson Co. and Midwest Wheel and Rim Co. for the construction of a new plant, it being understood that an area approximately 42,240 square feet shall be deeded to Glen E. Gierke, and an area of 21,760 square feet shall be deeded to T. T. Brafman and Estelle Braf- man as tenants in common. B. That the sale of said real estate shall be for twenty (200) cents per square foot or a total purchase price of $12,800.00, and receipt of down payment thereon in the amount of $1,280.00 is here- with acknowledged; C. That construction of said new plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the pur- chasers, said real estate shall re- vert to the City of Dubuque, Iowa, and purchase price less damages shall be refunded to the said pur- chasers. D. That the construction of all building, buildings, yards, parking lots and fences shall be construct- ed in conformance with existing City codes. E. Sale and conveyance shall be subject to existing easements in- cluding but not limited to ease- ment of Interstate Power Company of approximately 150 feet in width. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as is by law required. Regular Session, May 6, 196$ 441 passed, adopted and approved this 8th day of May, 1968. Sylvestre McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 206-68 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMTPTEE, compos- ed of Sylvester McCauley, Mayor, Joseph Voelker, Chairman of Dock Board and Robert E. Dorothy, Man- ager of Dubuque Industrial Bureau has recommended to the City Coun- cil of Dubuque, Iowa, that the ap- plication to purchase certain real estate by Dubuque Industrial De- velopment Corporation for the pur- pose to construct and erect a plant thereon; and WHEREAS, the City Council of Dubuque, Iowa, has examined said application and said recommenda- tion by the Mayor's Industrial Committee and find that the sale of said real estate should be ap- proved; and WHEREAS, said real estate sought to be purchased by Du. b u q u e Industrial Development Corporation is described a n d known as follows: A parcel of land lying partly in Block 5 and partly in Block 6 of River Front Subdivision No. 3 in the City of Dubuque, Iowa, con- taining approximately 4 acres. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SOction 1. That the application of Dubuque Industrial Development Corporation to purchase a parcel Of real estate in the Industrial Park of Dubuque, Iowa, which real estate shall hereafter be described and known as follows: Lot 2 of Lot 1 of Block 6 of Riverfront Subdivision No. 8 and Lot 2 of Block 5 of Riveif. Subdivision No. 3 all in the Cita of Dubuque, Dubuque County, Iowa. be and the same is hereby apptw- ed upon the following terms and conditions: A. That said parcel of real es- tate. be sold to Dubuque Industrial Development Corporation for the construction of a new plant; B. That the sale of said real es- tate shall be at the rate of Five Thousand (45,000.00) Dollars per acre or a total purchase Price of $20,000.00, and receipt of down payment of $2,000.00 is herewith acknowledged. C. That construction of said Plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchasers, said real es- tate shall revert to the City of Dubuque, Iowa and purchase price less damages shall be refunded to to the purchasers. D. That the construction of all building, buildings, yards, parking lots, fences shall be constructed in conformance with existing City codes. E. That the Dubuque Industrial Development Corporation shall have the right of first refusal to purchase an additional three acres lying immediately north and ad- jacent to the tract of land herein- above described, at a price equiva- lent to the same price as contem- plated in the sale of said premises to any other purchaser and upon the same terms and conditions as hereinabove set forth in A., C. and E. above. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as is by law required. roved Passed, adopted and app this 8th day Syl ester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk 24.2 Regular Session, May 6, 1968 Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Mayor's In- dustrial Committee of the Du- buque Industrial Bureau, submit- ting an application from the Black & White Cab Company for the purchase of a parcel of land in Block 3, Riverfront Sub. No. 2, containing approximately .96 acres, more or less, at 200 per square foot, presented and read. Mayor McCauley moved that the proposed sale be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 207.68 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, com- posed of Sylvester McCauley, Ma- yor, Joseph Voelker, Chairman of Dock Board and Robert E. Doro. thy, Manager of Dubuque Indus- trial Bureau has recommended to the City Council of Dubuque, Iowa, that the application to purchase certain real estate by Black & White Cab Company of Dubuque, Iowa; and WHEREAS, the City Council of Dubuque, Iowa, has examined said application and said recommenda- tion by the Mayor's Industrial Committee and find that the sale of said real estate should be ap. proved; and WHEREAS, said real estate sought to be purchased by Black & White Cab Company of Du- buque, Iowa is described and known as follows: A Parcel of land in Block 3, Riv- erfront Subdivision No. 2, meas- uring approximately .96 acres in the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the application of Black & White Cab Company of Dubuque, Iowa to purchase a Parcel of real estate, which real estate shall hereafter be described and known as follows: Lot 5 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa. be and the same is hereby ap- proved upon the following terms and conditions: A. That said parcel of real es. tate be sold to Black & White Cab Company of Dubuque, Iowa for the construction of a new building; B. That the sale of said real es- tate shall be for twenty (200) cents per square foot or a total purchase price of $8,000.00, and receipt of down payment thereon in the amount of $800.00 is herewith ac- knowledged; C. That construction of said building be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the pur- chasers, said real estate shall re- vert to the City of Dubuque, Iowa, and purchase price less damages shall be refunded to the purchas- ers. D. That the construction of all building, buildings, yards, parking lots, fences shall be constructed in conformance with existing City codes. E. Sale and conveyance shall be subject to existing easements. F. Conveyance shall be made to Joseph J. Even. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as is by law required. Passed, adopted and approved this 6th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Regular Session, May 6, 1968 243 Communication of Mayor's In- dustrial Committee of the Du- buque Industrial Bureau, submit- ting an application from Dubuque Holiday Sales Inc., for the purchase of a parcel of land lying in Block 3, Riverfront Subdivision No. 2 con- taining approx. 28,500 square feet more or less at 200 per square foot, presented and read. Councilman Schultz moved that the offer be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Schultz. Nays—None. for the construction of a new plant; B. That the sale of said real es- tate shall be for twenty (200) cents per square foot or a total purchase price of $5,710.00, and receipt of down payment thereon in the amount of $571.00 is herewith ack- nowledged; C. That construction of said plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchasers, said real es- tate shall revert to the City of Dubuque, Iowa, and purchase price less damages shall be refunded to the purchasers. D. That the construction of all RESOLUTION NO. 208-68 building, buildings, yards, parking WHEREAS, the MAYOR', IN- lots, fences shall be constructed in DUSTRIAL COMMITTEE, compos- conformance with existing City ed of Sylvester McCauley, Mayor, codes. Joseph Voelker, Chairman of Dock E. Sales and conveyance shall Board and Robert E. Dorothy, be subject to existing easements. Manager of Dubuque Industrial Section 2. That the City Clerk Bureau has recommended to the be and he is hereby directed to City Council of Dubuque, Iowa, publish notice of intent to dispose that the application to purchase of interest in real estate as is by certain real estate by Dubuque law required. Holiday Sales, Inc.; and Passed, adopted and approved WHEREAS, the City Council of this 6th day of May, 1968. Dubuque, Iowa, has examined said Sylvester McCauley application and said recommenda. Mayor tion by the Mayor's Industrial Walter A..Pregler Merlin F. Schultz Committee and find that the sale Donald R. Meyers of said real estate should be ap- proved; and Gaylord M. Couchman Councilmen WHEREAS, said real estate Attest: sought to be purchased by Du- Leo F. Frommelt, buque Holiday Sales, Inc. is de- City Clerk scribed and known as follows: Councilman Pregler moved adop- A parcel of land lying in Block 3, tion of the resolution. Seconded Riverfront Subdivision No. 2, ap- by Councilman Meyers. Carried by proximately 125 feet by 230 feet the following vote: Council containing 28.550 square feet in Yeas—Mayor McCauley, Council - the City of Dubuque, Iowa. men Couchman, Meyers, Pregler, NOW THEREFORE BE IT RE- Schultz. SOLVED BY THE CITY COIJNCIL Nays—None. AV THE IOWA: CITY OF DUBUQUE, RESOLUTION NO. 209.68 IO Section 1. That the application of WHEREAS, the MAYOR'S IN - Dubuque Holiday Sales, Inc. to DUSTRIAI. COMMITTEE, com- purchase a parcel of real estate, posed of Sylvester McCauley, Ma- which real estate shall hereafter yor, Joseph Voelker, Chairman of be described and known as follows: Dock Board and Robert E. Doro- Lot 4 Block 3 of Riverfront Sub- thy, Manager of Dubuque Indus- division No. 2 in the City of Du- trial Bureau has recommended to buque, Dubuque County, Hwa. the City Council of Dubuque, Iowa, be and the same is hereby ap- that the application to purchase Proved upon the following terms certain real estate by Vallet POuI- and conditions: try Co. for the purpose to con- A. That said parcel of real es- struct and erect a new plant there. tate be sold to Holiday Sales, Inc. on; and 244 Regular Session, May 6, 1968 WHEREAS, the City Council of Dubuque, Iowa, has examined said application and said recommenda- tion by the Mayor's Industrial Committee and find that the sale of said real estate should be ap- proved; and WHEREAS, said real estate sought to be purchased by Vallet Poultry Co. is described and known as follows: A parcel of land in Block 3, Riv- erfront Subdivision No. 2, meas- uring approximately 200 feet by 256 feet, containing 51,200 square feet in the City of Du- buque, Iowa. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the application of Vallet Poultry Co. to purchase a parcel of real estate in the In- dustrial Park of Dubuque, Iowa, which real estate shall hereafter be described and known as fol- lows: Lot 3 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa. be and the same is hereby ap- proved upon the following terms and conditions: A. That said parcel of real es. tate be sold to Vallet Poultry Co. for the construction of a new plant; B. That the sale of said real es- tate shall be for twenty (20¢) cents per square foot or a total purchase price of $10,240.00, and receipt of down payment thereon in the amount of $1,024.00 is herewith acknowledged; C. That construction of said plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and up- on failure so to do by the pur- chasers, said real estate shall re- vert to the City of Dubuque, Iowa, and purchase price less damages shall be refunded to the purchaser. D. That the construction of all building, buildings, yards, parking lots, fences shall be constructed in conformance with existing City codes. E. Sale and conveyance shall be subject to existing easements in. cluding but not limited to ease. ment of Interstate Power Company of approximately 150 feet in width. Section 2. That the City Clerk be and he is hereby directed to pub. lish notice of intent to dispose of interest in real estate as is by law required. Passed, adopted and approved this 6th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg ler, Schultz. Nays—None. Communication of Mayor's In- dustrial Committee of the Dubu- que Industrial Bureau, submitting an application from Ridge Motor and Machine Co. for the purchase of a parcel of land in Block 3, Riverfront Subdivision No. 2, con- t a i n i n g approximately 37,120 square feet more or less at 200 per square foot, presented and read. Councilman Schultz moved that the offer be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 210-8 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, compos- ed of Sylvester McCauley, Mayor, Joseph Voelker, Chairman of Dock Board and Robert E. Dorothy, Man- ager of Dubuque Industrial Bureau has recommended to the City Coun- cil of Dubuque, Iowa, that the application to purchase certain real estate by Ridge Motor & Machine Company; and WHEREAS, the City Council of Dubuque, Iowa, has examined said application and said recommenda- tion by the Mayor's Industrial Com- mittee and find that the sale of said real estate should be approv- ed: and WHEREAS, said real estate sought to be purchased by Ridge Regular Session, May 6, 1968 245 Motor & Machine Company is de- scribed and known as follows: A parcel of land in Block 3, Riverfront subdivision ite1No 145 measuring approximately feet by 256 feet, containing 37,120 square feet, in the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Ridge Motor & Machine Company to purchase a parcel of real estate, which real estate shall hereafter be described and known as follows: Lot 2 of Block 3 of Riverfront Subdivision No. 2, in the City of Dubuque, Dubuque County, Iowa. be and the same is hereby approv- ed upon the following terms and conditions: A. That said parcel of real estate be sold to Ridge Motor & Machine Company for the construction of a new plant; & That the sale of said real es- tate shall be for twenty (20Q( cents per square foot or a total purch- ase price of $7,424.00, and receipt of down payment thereon in the amount of $742.40 is herewith ack- nowledged; C. That construction of said plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchasers, said real estate shall revert to the City of Dubuque, Iowa, and purchase price less damages shall be refunded to the purchasers. D. That the construction of all building, buildings, yards, parking lots, fences shall be constructed in pnformancc; with existing City codes. E. Sale shall be subject to exist• ing easements including but not limited to easement of Interstate Power Company of approximately 150 feet in width. Section 2. That the City Clerk be and he is hereby directed tc Publish notice of intent to dispos( Of interest in real estate as is b) law required. Passed, adopted and approved this 6th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 211.{ WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Donald C. Sharpe, 16th Street Ex- tension Charles R. Cushing, 1091 Main Street Dubuque Sports Bowl, Inc., East 16th Street Ext. John J. Glynn, 655 Central Avenue Passed, adopted and approved this 6th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop. tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. 246 Regular Session, May 6, 1968 RESOLUTION NO. 21268 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Donald C. Sharpe, 16th Street Ex- tension Charles R. Cushing, 1091 Main Street Dubuque Sports Bowl, Inc., East 16th Street Ext. John J. Glynn, 655 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 6th day of May, 1968. Sylvester McCauley Alayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz, Nays—None. RESOLUTION NO. 213-68 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RE. SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT —CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Charles Cushing, 1091 Alain Street Passed, adopted and approved this 6th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO, 214.68 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with Gie State Law and all City ord- inances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Charles Cushing, 1091 Alain Street Passed, adopted and approved this 6th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas --Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Regular Session, May 6, 196:4 247 Councilman Pregler moved that the City Clerk be instructed to mail notices oncertified mail to all property wfrecordsub- ject to assessment of the 1968 street programs; Concrete Curb & Gutter, Bituminous Paving, Hot Mix -Hot Laid Paving, and Concrete Paving with Integral curb all proj- ects No. 1 that the meeting and hearing scheduled for May 13, 1968, be adjourned to May 20, 1968. Seconded by Councilman Couchman. Carried by the follow ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Mr. Herb Kieffer of 535 Chest- nut St. addressed the Council by giving his opinions as to the wid- ening of Iowa Street from 4th to 9th by Urban Renewal. There being no further business Councilman Schultz moved to ad. journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .0 u i 12......1968. Adopted ... Aub us t 1? 1968. .-tn�._.....�... ....... .......... ...,_.. ..�l..... . ..°....... .......................Councilmen ... _.... (�a/ Att...................................... City Clerk 248 Special Session, May 13, 1968 CITY COUNCIL OFFICIAL Special Session May 13, 1968. Council met at 7:30 P.M. (D.S.T.) Present — Mayor McCauley, Councilmen Meyers, Pregler' Schultz. City Manager Gilbert D. Chavene!le. Absent — Councilman Couch- man (out of city). Mayor McCauley read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of acting upon such business as may properly come before the meeting. May 7, 1968 To the Honorable Mayor ani City Council Gentlemen: I herewith submit the reports of the City Health Department for the months of February and March, 1968. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. May 13, 1968 To the Honorable Mayor and City Council Gentlemen: Reverend Deane Chapman has resigned as chaplain of the Du- buque Fire and Police Depart- ments effective June 1. 1968. I would request that you appoint Captain Robert P. Gooch to fill this position. Attached for your information is a letter from Chief Dunphy and Chief Lucas dated May 13th, Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap. proval of the appointment. Sec- onded by Mayor McCauley. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. May 13, 1968 To the Honorable Mayor and City Council Gentlemen: This letter is to request your honorable body to grant the City Manager permission to enter into an agreement with the Henning - son, Durham & Richardson Com- pany to clarify the contract signed by the City Manager on April 18, 1966 for engineering services — agreement for Sewage and Solid Waste Disposal. The need for the agreement is to clarify the contract signed April 18, 1966 as to how the En- gineering Company should be paid for the work that they have ren- dered. Your staff feels that the projects mentioned in the contract are to be treated as two projects— one as the Waste Water Treatment Plant—the other as Intercepting Sewers Force Main and Pumping Stations. Therefore, these projects should be paid for to the Engi- neering Company as separate proj- ects. I, therefore, request that your honorable body approve the agree- ment and that the City Manager be authorized to execute the set agreement. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the Man- ager be approved. Seconded by Ma- yor McCauley. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. May 9, 1968 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance examinations on April 11, 1968, for those seeking appointment to the POLICE department. The following named persons have passed both the written and physical examinations and are hereby certified for appointment to the POLICE department. Fischer, Kenneth F. 86% Kruser, Edward 3. 86% Special Sessinn, May 13, 1968 249 gueloa, Daniel fuliy submitted, lespetted, es Gerard B. Noonan Chairman Louis F. Fautsch LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt, City Clerk Subscribed and sworn to before me this 9th day of May, 1968. Eugene ,1. Berens, Notary Public Councilman Pregler moved that the certification be received and made a matter of record. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. May 13, 1968 Honorable Mayor and City Council Gentlemen: Re: D. B. Cassat and Ruth Cassat On ,lune 20, 1967, notice of suit was served on the City of Du- buque by D. B. Cassat and Ruth Cassat claiming damages in the amount of $8,765.95 as a result of property damage and personal in- juries suffered by the plaintiffs on or about December 23, 1966 when the plaintiffs' automobile collided with the traffic island on West Lo- cust Street, Dubuque, Iowa. Thereafter appropriate defenses were entered thereto and the mat- ter was scheduled for trial and just prior thereto the plaintiffs made an offer of settlement in the amount of $1250.00, and 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 D. B. Cassat and Ruth Cassat individually and as husband and wife in the amount Of $1250.00, and transmit the same to the City Attorney together with warrant in the amount of $32.00 Payable to the Clerk of the Dis- trict court of Dubuque County, Iowa, for delivery upon receipt of duly executed releases and dis- missals with prejudice. Copy of original notice with pe- tition attached is herewith re- turned, Respectfully submitted, R. N. Russo City Attorney Mayor McCauley moved that the recommendation of the City At- torney be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. Notice of claim of Mrs. Carl Noel in the amount of $19.35 for personal injury and property loss incurred by her daughter, a minor, as the result of walking into a guy wire in the path of the sidewalk on the west side of N. Grandview on May 10, 1998, presented and read. Mayor McCauley moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas -- Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent ---Councilman Couchman. ORDINANCE NO. 2568 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed from "Two Family Resi- dence District" classification to "Multiple Family Residence Dis- trict" Classification, (M.L. 73 and Massey Heights Addn.) located at 968 W. 3rd, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays --None. Absent --Councilman Couchman. Councilman Meyers moved that the rule requiring an Ordinance to he read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: 250 Special Scssion, May 13, 1968 Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Councilman Meyers moved that a public hearing be held on the Ordinance on June 3, 1968, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. ORDINANCE NO. 26-68 An Ordinance Amending Ordi- nance No. 3-34 known as the Zoning Map and Zoning Ordi- nance of the City of Dubuque, Iowa, by amending Article IY, Section 2. (h) thereof to include certain described real estate in which professional offices or studios of a physician, dentist, architect, engineer, lawyer, real. tor, insurance, musician or simi- lar professions may be permit- ted, (M.L. 73 and Massey Heights Addn.) presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Councilman Meyers moved that; the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. Councilman Meyers moved that a public hearing be held on the Ordinance on June 3, 1968, at 7:30 o'clock P.M. in the Council Cham. ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of R. B. Heydinger, Chairman Task Force on the Aging requesting permission to appear be. fore the Council to present a pro- posal for a project on the Aging for the City and County of Dubu- que citizens, presented and read. Rev. Heydinger addressed the Council along with Mr. Gene Schneider and Gerard Noonan, members of the faculty of Loras College submitting the program for the Aging and outlining how they propose to execute it. Mr. Dick Ludwig. Jack Kenton, Walter Grubb and Mr. Glenn all members of Civic groups addressed the Council by giving their endorse- ment to the project. As to the amount of money involved it calls for an expenditure of $1500 for the first year, $3000. for the second year and $50000. for the third year of operation. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Councilman Pregler further mov- ed that the City fund the program up to $9500. according to the City Manager's recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Loras College, thru their attorneys, requesting vaca- tion and conveyance of the north 122 feet of Henion Street, also de- signated as Lot 32A of Yates Sub- division, presented and read. May- orMcCauley moved that the peti- tion be referred to the Planning & Zoning Commission. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Caradco Inc. and Klauer Mfg. Co. requesting vaca- tion of two blocks of 10th street Special Session, May 13, 1968 251 east of Jackson street and one block of Washington street be - block 10th and 9th streets, pre- sented and read. Councilman Mey- ers moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council man Pregler. Carried by the fol lowing vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. Petition of Minnie French Estate requesting rezoning of a vacant lot on S. Grandview, described as Lot 2 of 13 and the Wlv. 60' of Lot 1 of 14 Summer Hill Addn. to permit the erection of a four apartment building, presented and read. Coun. cilman Meyers moved that. the peti- tion be referred to the Planning & Zoning Commission. Seconded by Mayor McCauley. Carried by the following vote:" Yeas — Mayor McCauley, Coun- cilmen Meyer,,, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 215-68 Resolution providing for the is- suance of Water Main Extension Bonds for the purpose of provid- ing for the payment of the asses- sed cost of City of Dubuque As- bury Road Water Main Project 1967. Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the Improvement 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. $6,587.77 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 bonds for the purpose of provid- ing for the payment of the assessed cost of said improvement and a Public hearing has been held, pur- suant to such notice and all ob- jections made thereto have been considered and determined; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1967 Asbury Road Water Main Project No. 1 from the west property line of Lot 1 of Lot 1 of Lot 1 of Asbury Park Sub- division in Sec. 21 — Dubuque Township Dubuque, Iowa with the exception of a section from the west property line of Lot 1 of Block 10 of Westchester Subdivi- sion to the West property line of St. John Drive there shall be is- sued Water Main Extension bonds in the amount of $6,587.77 in antic- ipation of the deferred payment of assessments levied for such im- provement. 2. Such bonds shall be called Water Main Extension bonds; and shall bear the date of February 19, 1969; and shall be numbered con- secutively: and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Bond No. Denomination Maturity Series No. 1-1104 and 1105, $500.00, June 1, 1969 Series No. 2-1106 and 1107, $500.00, June 1, 1970 Series No. 3-1108 and 1109, $500.00, June 1, 1971 Series No. 4-1110, $500.00, June 1, 1972 Series No. 5-1111, $500.00, June 1, 1973 Series No. 6-1112, $500.00, June 1, 1974 Series No. 7-1113, $500.00, June 1, 1975 Series No. 8-1114, $500.00, June 1, 1976 Series No. 9-1115, $500.00, June 1, 1977 Series No. 10 — 1116, $500.00, June 1, 1978 Series No. 10-1117, $87.77, June 1, 1978 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable on June 1st of any year at the option of the City of Dubuque and shall be in sub. stantially the following form: Special Session, May 13, 1%8 No. .................................... Series IJo....................... CITY OF DUBUQUE Water Main Extension Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, of the first day of June or on Just 1st of any year prior to, or at any time before that date, at the option of the City of Dubuque, the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest cou- pons hereto attached. Both princi- pal 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 un- der and by virtue of Chapter 396 of the 1966 Code of Iowa, as amended, and the Resolution of said City duly passed on the 13th day of May, 1968, being Resolution No. 215-68. This is one of a series of ................ bonds, ................ for $ ........................ numbered from ...................... I ......... I and one for $.................... numbered .................................. all of like ten- or and date, and issued for the pur- oose of constructing the City of bubuque 1967 Asbury Road Water Main Project No. 1 from the west property line of John F. Kennedy Road to the west property line of I.ot 1 of Lot 1 of Lot 1 of Asbury Park Subdivision in Sec. 21—Du- buque Township Dubuque, Iowa with the exception of a section from the west property line of Lot 1 of Block 10 of Westchester Sub- division to the West property line of St. John Drive as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1269 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 19th day of February, 1969. (SEAL) ................................. I.......................... Mayor ............................................................ City Clerk (Form of Coupon) On the ............ day of ....................I the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of ....................Dollars, in the office of the City Treasurer in the City of Dubuque, being ....................months' interest due that date on its ............ Bond No ..................... dated .............. ............................................................ Mayor ............................................................ City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then deliv- er them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the Proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1269 and paid out by him to pay the the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the May- Special Session, May 13, 1968 253 or and countersigned with the fac- simile signature of the City Clerk. g. That with the second year laft beginning er the payment of interest due, June 1, 1989, these bonds shall be called and retired in the same ord- er as numbered. 10. Notice of election to call these bonds shall be given by Regu- lar United States Mail addressed to the last known address of the purchaser. Passed, introduced and approved ;bis 13th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. May 9, 1968 To the Honorable Mayor and City Council Gentlemen: The CARTER ROAD -J. F. KEN- NEDY ROAD SANITARY SEWER PROJECT 1967 has been com- pleted in accordance with plans and specifications by Saffran Con- struction Company of Dubuque, Iowa. I recommend that the improve- ment be accepted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the Manager's recommen- dation. Seconded by Mayor McCau- ley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent ---Councilman Couchman. FINAL ESTIMATE RESOLUTION NO. 216-68 WIIEREAS, the contract for the Carter Road—John F. Kennedy Road Sanitary Sewer 1967 has been completed and the City En- gineer has submitted his final es- timate showing the cost thereof in- cluding the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now 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 $27,378.58. That $6,854.20 of the cost there- of shall be assessable upon private property and $20,524.38 shall be paid from the 139NB Fund of the City of Dubuque. Passed, adopted and approve$ this 13th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 217.68 WHEREAS, the contract for the construction of an Eighteen inch (1811) Sanitary sewer from the westerly property line of Block 8 of Nauman Addition westerly a distance of 188 feet thence a twelve inch (12") Sanitary sewer westerly through Lot 1-1.2.2-1-1 and Lot 2-1-2-2-1-1 of Highland Farm to the westerly property of J. F. Kennedy Road, also a twelve inch (12") Sanitary sewer from the westerly point of the eighteen inch (18") Sanitary sewer southerly through Lot 2.2.2.1-1.1-1-1 of Clar- ence Arlen Place to the existing Kaufmann Avenue Lift Station, has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con. tract, plans and specifications and recommends its acceptance, now therefore, DIA, Special Session, May 13, 1968 BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 13th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun• cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman RESOLUTION NO. 218.68 WHEREAS, applications for Beei Permits have been submitted tc this Council for approval and the same have been examined: NOVA THEREFORE, BE IT RESOLVED by the Citi Council of the City of Dubuque Iowa, that the following applica tions be granted and licenses b( issued upon the compliance witt the terms of the ordinances of th( City. CLASS "B" BEER PERMIT Harry N. Gantert, 1301 Rhomberl Avenue 'aul W. Schollmeyer, 176 Locust Street Passed, adopted and approved his 13th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Merlin F. Schultz Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman, RESOLUTION NO. 219-68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Harry N. Gantert, 1301 Rhomberg Avenue Paul W. Schollmeyer, 176 Locust Street BE IT FURTHER RESOLVED that the bonds filed by such appli. cants be and the same are hereby approved. Pa,;,wd, adopted and approved this 13th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Merlin F. Schultz Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Special Session, May 1.1, 1968 255 Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—councilman Couchman. There being no further business Mayor McCauley moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz Nays—None. Absent—Councilman Couchman. Leo F Frommelt, ityl�erk Approved ...A ... . .... 9 .............. 1968 256 Special Session, May 14, 1968 CITY COUNCIL OFFICIAL Special Session, May 14, 1968. Council met at 4:30 P.M. (D.S.T.) Present --Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. City Manager Gilbert D. Chaven- elle. Absent—Councilman Schultz. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of ADOPT- ING A RESOLUTION AUTHORIZ- ING THE SALE, ISSUANCE AND DELIVERY OF PRELIMINARY LOAN NOTES IN THE AGGRE- GATE PRINCIPAL AMOUNT OF $4,975,000., THE EXECUTION OF REQUISITION AGREEMENT NO. 1 AND THE EXECUTION AND DELIVERY OF PROJECT TEMP- ORARY LOAN NOTE N0. 3, IN CONNECTION WITH PROJECT NO. IOWA R-15, and acting upon such other business as may proper- ly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of notice of sale of $4,975,000. Preliminary Loan Notes of the City of Dubuque, Iowa, presented and read. Council- man Meyers moved that the proof of Publication be received and fil- ed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. Proofs of service to the Council- men of notice of this meeting exe- cuted by patrolman Gerald Kressig, presented and read. Councilman Meyers moved that the proofs of service be received and filed. Sec. onded by Councilman Pregler. Car. ried by the following vote: Yeas — Mayor McCauley, Coun, cilmen Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz, MORGAN GUARANTY TRUST COMPANY of New York 23 Wall Street, New York, N.Y. 10015 'ity of Dubuque, Iowa "ouncil Chambers City Hall 13th & Iowa Streets Dubuque, Iowa 52001 We hereby confirm PURCHASE FROM YOU today of the following securities as Syndicate Manager: Account number JT A/C 54. Transaction number, P-10034; trade date, 5/07/68; delivery date, 6/04/68. Par Value, $4,975,000; Security, Dubuque, Iowa Pln 3.94% DTD 6/04/68 due 6/06/69; Int. at Ma- turity, Price $100. Principal, $4,975,000.00 + 217.00, Total, $4,975,217.00. JL denoms: 27x100, 26x50, 25x 10, 24x25, 25x5, Municipal Bond Department. Mayor McCauley moved that the confirmation be received and made a matter of record. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 220-68 Authorizing the Sale, Issuance and Delivery of Preliminary Loan Notes in the Aggregate Principal Amount of $4,975,000.- 00, 4,975,000:00, the Execution of Requisition Agreement No. 1 and the Execu- tion and Delivery of Project Temporary Loan Note No. 3, in connection with Project No. Iowa R-15. WHEREAS, the City of Dubuque (herein called the "Local Public Agency") has entered into a con- tract dated as of the 26th day of July, 1967, numbered Contract No. Iowa R-15 (LG), (which, together with any supplements thereto or amendments, modifications or waiv- ers of any provisions thereof, is herein called the "Loan and Grant Contract"), with the United States of America (herein called the "Gov- ernment') providing, in part, for a Project Temporary Loan by the Government to the Local Public Ag- ency under Title 1 of the Housing Act of 1949, as amended (42 U.S.C. Special Session, May 14, 1%8 257 1450 et seq.), in an amount out- standing at any one time not to exceed $8.624,313.00 to aid the Local Public Agency in the under- taking and carrying out of a cer- tain urban renewal project (herein called the "Project") designated project omore fully identified in he Loan and Grand Contract; and WHEREAS, pursuant to adver- tisement for the receipt of pro- posals for the purchase of Prelim- inary Loan Notes (First Series A), herelim- angrysometimes otes", of the Local inary Public Agency aggregating $4.975.- 000.00, 4.975:000,00, which appeared in a Notice of Sale published in the April 24, 1968 and May 1, 1968 issues of the Telepraph-Herald, a newspaper of general circulation in the City of Dubuque, and in the April 23, 1968 issue of The Daily Bond Buyer in the City of New York, proposals for the purchase of said notes in the form approved by the Local Public Agency were received, open- ed, and canvassed at the time and place provided by said advertise- ment, to wit: At Council Cham- bers, City Hall, 13th and Iowa Streets in the City of Dubuque, State of Iowa, at one o'clock P.M., E.D.S.T., May 7, 1968, which pro- posals are as follows: Name of Bidder: Bank of America, N.T. & S.A. and First National City Bank Interest Principal Rate Amount Premium 4.05% $2,500,000 $125.00 4.05% $2,475,000 $124.00 Name of Bidder: Morgan Guaranty Trust Co. of New York and Salo- mon Brothers do Hutzler Intered Principal Rate Amount Premium 3.94% $2,000,000 $ 87.00 3.94% $1,0(10,000 $ 43.00 3.94% $1,975,000 $ 87.00 and WHEREAS, the interest cost a which the Local Public Agency ca sell the Preliminary Loan Notes i lower than the interest rate whit the Government is required t charge the Local Public Agent under the terms of the Loan an Grant Contract, and the Govern went is desirous of cooperatin with the Local Public Agency in it endeavor to sell said Preliminar Loan Notes in order to reduce car rying charges and other costs of the Project; now therefore BE IT RESOLVED BY the City Council of the City of Dubuque, Iowa: Section 1. The aforesaid publica- tion of the Notice of Sale and the form and contents thereof as so published, are hereby, in all re- spects, approved, ratified and can. firmed. Section Z In order to provide funds to defray expenses incurred or to be incurred in the Local Pub- lic Agency's undertaking and car• rying out of the Project, or to re- tire, refund, renew or extend its outstanding notes issued in con- nection therewith, the Local Pub- lic Agency hereby determines to borrow the sum of Four Million Nine Hundred Seventy -Five Thou- sand Dollars ($4,975,000.00) and is- sue its negotiable Preliminary Loan Notes therefor in aggregate prin- cipal amount equal to said sum Section 3. The Local Public Ag- ency hereby ratifies and approves the form of the proposal herein- after in this Section 3. enumerated, for the purchase of the designated principal amount of the Prelimin- ary Loan Notes, which proposal the Local Public Agency hereby de- termines will provide the lowest interest cost and is therefore hem by accepted, and said Preliminary Loan Notes are hereby awarded to said purchaser, as follows: Principal Amount: $4,975,000.00; Interest Rate: 3.94%; Purchaser: Morgan Guaranty Trust Company of New York and Salomon Brothers & Hutzler, 23 Wall Street, New York, New York 10015 Section 4. Each such note shall be dated the 4th day of June, 1968; shall be designated "Preliminary Loan Note (First Series A)"; shall be payable, as to both principal and interest, to bearer, on the 6th day of June, 1969; and, pursuant to t the proposal for the purchase of n said notes, hereinabove accepted, s shall bear the rate of interest per h annum, payable at maturity, shall o bear the numbers, be in the denom- y inations, and be payable as to both d principal and interest at the bank or trust company as follows: g Purchaser: M o r g a n Guaranty s Trust Co. of New York and Salo - y mon Brothers & Hutzler, 23 Wall Street, New York, New York 10015 258 51,ccial Session, May 14, 19% Numbers (Inclusive): 1.27; (Denom- inations: $100,000.00; 2853, $50,- ()00.00; 54.77, $25,000.00; 78.102, $10,000.00; 103-127, $5,000.00; Int- erest Rate: 3.94%; payable at: Mor- gan Guaranty Trust Company of New York, 23 Wall Street, New York, New York 10015. None of the Preliminary Loan Notes shall be valid until after the bank or trust company at which it is payable shall have signed the agreement, appearing on each such note, to act as paying agent there- of. Each of the Preliminary Loan Notes shall be signed in the name of the Local Public Agency by the Mayor and City Treasurer of the Local Public Agency and shall have the corporate seal of the Local Public Agency impressed thereon and attested by the City Clerk thereof, and said officers are here- by authorized and directed to cause said notes to be properly executed. Section S. Each of the Prelimi. nary Loan Notes shall be issued in substantially the form of the note hereto attached and marked Exhibit "A". Section 6. The Agreement enti- tled "Requision Agreement No. 1" (herein called the "Requisition Agreement"), which has been exe- cuted by the officers of the Local Public Agency, and has been pre- sented to and read before the meeting, and the execution there- of, are hereby fully ratified, con- firmed, and approved. Said Requi- sition Agreement, when executed by the Government, is hereby de- clared to be and is hereby assigned by the Local Public Agency for the benefit of the holder or hold- ers from time to time of the Pre- liminary Loan Notes, and the pro- ceeds of the Project Temporary Loan Note executed pursuant to Section 7 hereof are hereby irre- vocably pledged first, to the pay- ment, at maturity, of the principal of and interest on the Preliminary Loan Notes issued pursuant to this Resolution. Section 7. The Mayor, City Treas- urer and City Clerk of the Local Public Agency are hereby author- ized and directed to prepare and execute the Project Temporary Loan Note described in the Requi- sition Agreement (the issuance of which has heretofore been author- ized by a Resolution Authorizing the Issuance of Certain Project Temporary Loan Notes in connec. tion with Project No. Iowa R-15 and Providing for the Security for the Payment Thereof, and for Oth. er Purposes, duly adopted by the Local Public Agency on the 14th day of August, 1967), in the prin- cipal amount of Five Million Two Hundred Sixty Three Thousand $5,263,000.00). Said note shall be designated "Project Temporary Loan Note"; shall be numbered Number 3; shall be dated the 4th day of June, 1968; shall bear in- terest from the date of the accept- ance of the Local Public Agency's delivery thereof and the payment therefor by the Government; shall bear a statement at the foot there- of in substantially the following form: "Delivery of this note was ac- cepted and payment therefor made on the .......... day of ............................ .. 19......... UNITED STATES OF AMERICA Secretary of Housing and Urban Development By.......................................... ................................... and shall not be valid until said statement is duly executed on be- half of the Government. Said Proj- ect Temporary Loan Note shall be delivered by the City Treasurer of the Local Public Agency to the Government to be held paid for by the Government in accordance with the terms and conditions con. tained in said Requisition Agree. ment. Section S. The proceeds derived from the sale of the Preliminary Loan Notes, together with such amount of other appropriate funds of the Local Public Agency as may be necessary, shall be applied, si- multaneously with the receipt of said proceeds, as follows: First: To the payment and dis- charge of the principal of and interest on the following Proj- ect Temporary Loan Notes of the Local Public Agency is- sued pusuant to the Loan and Special Session, May 14, 1968 259 Grant Contract and held or to be held by the Government for its own use and benefit on the date of the Preliminary Loan Notes herein authorized: No. 1, August 16, 1967, Principal Amount, $1,000,000.00. No. 2. February 9, 1968, Principal Amount, $2,000-000-00. of such Second: Any proceeds shall be. deposited in the appropriate account or fund established pursuant to the Loan and Grant Contract and shall be used only in ac- cordance with the provisions of the Loan and Grant Con- tract. Section 9. The City Clerk is hereby authorized and directed to send immediately a letter to each paying agent for the Preliminary Loan Notes in substantially the form of the Letter of Instructions hereto attached and marked Ex- hibit "B" and to transmit the Pre- liminary Loan Notes to said pay- ing agent for delivery and pay- ment in accordance with the terms of said letter. Passed, and adopted, and ap- proved this 14th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following votes: Yeas — Mayor McCauley, Coun cilmen Couchman, Meyers, Preg ler. Nays—None. Absent—Councilman Schultz. principal sum of this Note, with interest thereon from the date of issue to the maturity date, at the interest rate per annum, and at the office of the Paying Agent, all as specified herein. Both the prin- cipal of and interest of this Note are payable in any coin or currency Of the United States of America which on the date of payment thereof is legal tender for the pay- ment of public and private debts. The date of issue, maturity date, principal sum, authorized issue, in- terest rate per annum, the paying agent of and with respect to this Note, and the description of said Requisition Agreement and cita- tions of authority for and pertain- ing to this Note are as follows: EXHIBIT "A" PRELIMINARY LOAN NOTE Project No. No. $ (herein called the "Local Public Agency"), a body politic and corpo- rate, for value received, hereby promises to pay to the bearer, but solely from the funds provided by the United States of America pur- suant to the Requisition Agree- ment hereinafter described, the Date of Issue: Maturity Date: Principal Amount: Interest Rate Per Annum: Paying Agent: Requisition Agreement No. dated Authorized Issue: $ State and Statute: Resolution(s) Adopted: This Note is issued pursuant to the constitution or organic law of said State and said Statute, as amended and supplemented, to aid in financing an urban renewal or redevelopment project of the char- acter authorized thereunder and described in said Resolution(s). Said project is being assisted pur- suant to Title I of the Housing Act of 1949, as amended (42 U.S.C. 1441 and 1450 et seq.), under a loan contract between the Local Public Agency and the United States of America. Pursuant to said loan contract, and in furtherance of the financ- ing of the project, the Local Public Agency and the United States here entered into the above -identified Requisition A g r e e m e n t under which the latter has agreed with- out limiting in any manner the un- qualified Payment Agreement of the United States endorsed on the reverse of this Note, to make a specific loan payment to the Local Public Agency on or prior to said Maturity Date in an amount suf- ficient to pay the principal of and interest to maturity on this Note and said Authorized Issue of which this Note is one, and to cause to 200 Special Session, May 14, 1968 be deposited with the Paying Agent, for the benefit of the holder of this Note, an amount sufficient to pay such principal and interest to maturity. Under the terms of said Resolution(s) the proceeds of said loan are irrevocably pledged first to such payments; and under the terms of said Requisition Agreement, the full faith and credit of the United States of America is pledged to the payment of the principal of and interest on this Note us evidences by said Payment Agreement. This Note shall not constitute a debt or indebtedness of the State or of any town, city, county, mu- nicipality, or political entity or subdivision therein or thereof, within the meaning of any consti- tutional, statutory, local law, or charter provision, and neither the State nor any such town, city, county, municipality, or political entity or subdivision, other than the Local Public Agency, shall be liable hereon, and, in no event, shall either this Note or the in- terest thereon be payable from or out of any funds or properties .other than those of the Local Pub- lic Agency or those of the United States. IT IS HEREBY CERTIFIED, RE- CITED, AND DECLARED that all conditions, acts, and things re- quired to exist, happen, and be performed precedent to and in the issuance of this Note do exist, have happened, and have been per- formed in due time, form, and manner as required by law: Pro- vided, That this Note shall not be valid until the Paying Agent shall have executed the agreement, ap- pearing below, to act as such Pay- ing Agent. IN WITNESS WHEREOF, the Local Public Agency has caused this Note to be signed in its name and its seal to be impressed hereon and attested, by its proper officers thereunto duly authorized, and this Note to be dated as of the Date of Issue above specified. By................................. MAYOR By...................................... CITY TREASURER ATTEST: ................................................... CITY CLERK AGREEMENT OF PAYING AGENT We hereby agree to act as Paying Agent of this Note as above indi- cated. By...................................... PAYMENT AGREEMENT Pursuant to section 102(c) of the Housing Act of 1949, as amended (42 U.S.C. 1452(c)), the United States hereby unconditionally agrees that on the Maturity Date of the within Preliminary Loan Note it will pay or cause to be paid to the bearer thereof the principal of and interest thereon, upon the presentation and surrender of such Note to the Paying Agent designat- ed therein, and the full faith and credit of the United States is pledged to such payment. Under section 102(c) of the Act, this Agreement shall be construed sepa- rate and apart from the loan con- tract referred to in the within Note and shall be incontestable in the hands of a bearer. IN WITNESS WHEREOF, this Agreement has been executed on behalf of the United States by the duly authorized facsimile signature of the Secretary of Housing and Urban Development, as of the Date of Issue of the within Note. UNITED STATES OF AMERICA By............................. Secretary of Housing and Urban Development Petition of Leo M. Lang et al (9 signers) objecting to the opera- tion of servicing cars and trucks in the alley adjacent to a garage to the rear of 911 Garfield Avenue, presented and read. Councilman Pregler moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, pruncil- er. men Couchman, Meyers, Nays—None. Absent—Councilman Schultz. Petition of Support our Service- men (S.O.S.) club, under the spon- sorship of Dubuque Chapter Amer- ican National Red Cross requesting permission to conduct a city wide candy sale "Christmas in July" theme for the benefit of service- men in Vietnam, presented and read. Councilman Pregler moved approval of the petition. Seconded Special Session, May 14. 1%. 8 261 by Councilman Couchman. man. Carried by the followingvote: o yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—None. Absent—Councilman Schultz. There being no further business Councilmanseconded moved ad- journ. byCouncilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman. Meyers, Pregler. Nays --None. Absent—Councilman Leo F. Frommelt City Clerk Approved ..Autzs 1,.,,12..,..1968. Adopted .... uuC1 12 1988. .............................. ........................... Councilmen Atte..........�....................:........ City Clerk 282 Adjourned Special Session, May 20, 1968 CITY COUNCIL OFFICIAL Adjourned Special Session, May 20, 1968. Council met at 7:30 P.M. (D.S.T.) Preseni--Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is AN ADJOURNED MEETING OF MAY 13, 1968, CALLED FOR THE PURPOSE OF CONDUCTING PUB- LIC HEARINGS ON THE VARI. OUS 1968 STREET IMPROVE. MENT PROGRAMS NO. 1 PROJ- ECTS, and acting upon such other business as may properly come before a Regular meeting of the City Council. Petition of Clement L. Haase et al (9 signatures) objecting to pro- posed bituminous concrete paving of Custer Street from Atlantic to Auburn street, presented and read. Mayor McCauley moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Mrs. Mary Finney et al (46 signers) objecting to pro- posed bituminous concrete paving of Prairie Street as same would constitute a definite hardship to some homeowners, presented and read. Mayor McCauley moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Clarence J. Weiner et al (10 signers) objecting to pro- posed paving of the alley between 20th & 21st street and between Jackson and White streets, pre- sented and read. Mayor McCauley moved that the Petition be re- ceived and filed. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Loras College acknowledging receipt of notice of public hearing for the paving of Prairie street, presented and read. Mayor McCauley moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Mrs. Ethel Neyens Gibbons et al (20 signers) object- ing to their part of the cost, how- ever not objecting to deletion of Pennsylvania Avenue from the proposed Hot Mix -Hot Laid Asphal- tic Paving program, presented and read. Mayor McCauley moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Westchester Inc. ob. jecting to proposed paving with Hot Mix -Hot Laid Asphalt and Concrete Curb & Gutter construc. tion " Whd re4hesting deletion of the projects from the street pro- grams for various reasons present. ed and read. Mayor McCauley moved that the petition be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Charles J. Spielman et al (10 signers) objecting to the proposed Hot Mix -Hot Laid Paving and construction of concrete curb & gutter from the north property line of Lot 1 Block 17 to south property line of Lot 11, Block 17 on Gordon Drive, presented and read. Mayor McCauley moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Adjourned Special Session, May 20, 1968 263 Petition of Illinois Central Rail- road requesting removal of their b property along Julien Dubuque Drive from the proposed Hot Mix- t Hot Laid Asphaltic concrete paving project No. 1 because tohhe County was originally given of Dubuque under easement dated August 6, 1964 and under article 4 of this easement the railroad is not to be subjected to anykassess- ment or expense of any in the construction maintenance presented operation of said road, and read. Mayor McCauley moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of John Mihalakis et al (6 signers) objecting to the pro- posed concrete paving with in- tegral curb project No. 1 of East Seventeenth Street from W.P.L. of Maple street to the R. R. tracks for various reasons, presented and read. Mayor McCauley moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote. Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of John Mihalakis et al (8 signers) objecting to the pro- posed concrete paving with in- tegral curb project No. 1 of Maple Street from the N.P.L. of East 16th street to S.P.L. of East 18th Street for various reasons, presented and read. Mayor McCauley moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Ronald W. Boge et al (189 signers) objecting to the proposed paving with Hot Mix -Hot Laid asphaltic paving of Loras Blvd. from the W.P.L. of Booth street to W.P.L. of University Ave- nue, due to excessive cost, exten- sive type of paving is not necessary with a suggestion that the street be surfaced with a 2" mat of as- phalt, presented and read. Mayor McCauley moved that the petition e received and filed. Seconded by Councilman Pregler. Carried by he following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Carl F. Bar- tels expressing support for the paving of the alley between Alta Place and Algona street from Fill- more to Decorah streets, presented and read. Mayor McCauley moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Berrie F. Dieterich et al (11 signers) objecting to the proposed paving with Bituminous of the alley between Alta Place and Algona Street from Fillmore to Decorah Streets, presented and read. Mayor McCauley moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of E i e h m a n Electric Co. expressing support of the proposed paving of the alley between White and Jackson from E. 20th to E. 21st Street, presented and read. Mayor McCauley moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of William R. Doherty et al (22 signers) objecting to the proposed paving of John F. Ken- nedy Road from Kaufmann Ave. to Marywood Drive with Hot Mix - Hot L id Asphaltic and Cr ad. Mayor Pav- ing, presented McCauley moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council. 2CA Adjourned Special Session, May 20, 1968 men Couchman, Meyers, Pregler, Schultz, Nays—None. Petition of Westchester Inc. et al (22 signers) objecting to pro- posed resolution of necessity for City of Dubuque 1968 Hot Mix -Hot Laid Paving Project No. 1 as to the boundaries of the district; to the cost of the improvement; to the amount proposed to be as- sessed; and to the passage of the resolution, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Westchester Inc. et al (22 signers) objecting to pro- posed resolution of necessity for City of Dubuque 1968 Concrete Curb & Gutter Project No. as to the boundaries of the district; to the cost of the improvement; to the amount proposed to be as- sessed; and to the passage of the resolution, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans,spec- ifications, form of contract and cost of improvements on City of Dubuque 1968 Concrete Curb & Gutter Project No. 1 on Asbury Road and John F. Kennedy Road, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Mayor McCauley. Car- ried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. Councilman Pregler moved that the rule be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried b3 the following vote: Yeas — Mayor McCauley, Coun. -ilmen Couchman, Meyers, Preg- er, Schultz. Nays—None, Attorney Thomas V. McKay ad- lressed the Council as a represen. ative of Westchester Inc. stating :hat they are objecting to the im. 3rovements of Asbury Street this rear because of the financial bur - len on a small, corporation and also there is no final determina- .ion as to usage. The petitions of )bjection as he presented them on both curb and gutter and paving showed 22 signers out of a pos- sible 31 property owners, which would mean an objection by 60 percent of the property owners and by owners of 75 per cent of the property subject to assessment, and would require 100% approval by the council to retain the im- provements in the projects. Mr. Mike Faley of 3442 Asbury stated that he is in favor of the improvements to Asbury Road and that they need the street, street lights all for the benefit of the school children. Mayor McCauley moved that the objections as to the improvement of Asbury Road be overruled. Sec- onded by Councilman Pregler. Vote on the motion was: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler. Nays—Councilman Schultz. Mr. Wm. Doherty, Laurie Smith, Dwayne Nilles, P. J. Johannsen, Daniel Otting, Harry Atkinson, Mike Mihal, Eugene Herron, Jacob Atkinson, Mrs. Wm. Doherty, Dor- othy Walsh, Mrs. Bob Keuter, all objected to the improvement of John F. Kennedy Road for some reason or other such as widening of the street, increase burden on investment, speed not controlled, truck traffic etc. Mr. George Paisley addressed the Council requesting that his name be withdrawn from the pe- titions of objection of concrete curb & gutter and paving of As- bury Road. After Mr. George Paisley's re- quest for withdrawal of his name from the petitions objecting to the improvement of Asbury Road the Council re -considered the re- maining objections and instructed the Engineering Department to re- Adjourned Special Session, May 20,1%.8 285 evaluate the objections, with the result that the owners of property subject to assessment making ob- jection was reduced from 82.8% to 72.2%. Councilman Meyers then moved i that the Asbury Road improve- ment projects be retained. Second- ed by Councilman Pregler. Vote on the motion was as follows: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler. Nays—Councilman Schultz. Mayor McCauley moved that all objections to the improvement of Kennedy Road be overruled. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—Councilman Schultz. Mayor McCauley moved that the proposed improvement of curb & gutter for John F. Kennedy Road be retained. Seconded by Council- man Pregler. Carried by the fol lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Attorney Alfred Hughes ad. dressed the Council, after his at- torney associate Mr. McKay left the Council Chamber along with some of the objectors to the im- provement of Asbury Road, by stressing the need of fairness and reconsider the objections to the Asbury Road projects. Mayor Mc- Cauley moved that the Asbury Road projects be retained. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler. Nays—Councilman Schultz. Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity were mailed by certified mail to prop- erty owners of record on April 23, 1968 subject to payment of pro- posed construction of City of Du- buque 1968 Concrete Curb & Gut- ter Project No. 1, presented and read. Councilman Schultz moved that the statement be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley. Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ng ertify ng that notices of public hearing on the resolution of necessity of reschedule of date of hearing from May 13, 1968 to May 20, 1968, to property owners of record were mailed by certified mail on May 8, 1968, relative to the proposed con- struction of City of Dubuque 1968 Concrete Curb & Gutter Project No. 1, presented and read. Coun- cilman Schultz moved that the statement be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments. RESOLUTION NO. 221.68 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1968 Con. crete Curb and Gutter Project No. 1. 1. Asbury Road from the W.P.L. of John F. Kennedy Road to the W.P.L. of Lot 1-1-1 of Asbury Park. 2. John F. Kennedy Road from the N.P.L. of Asbury Road to the N.P.L. of Lot 1 of Block 2 of "Highland" Subdivision have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fix- ed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 20th day of May, 1968; and WHEREAS, the City Council met in adjourned special session this 20th day of May, 1968, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested par- ties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the 266 Adjourned Special Session, May 20, 1968 improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be. heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruledand such plans, specifications and form of contract heretofore approv- ed are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun• cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 169.68 WHEREAS, proposed plans specifications, form of contract plat and schedule have been duh prepared and approved by the Cit} Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment limits of eael street to be improved. 2. The streets to be improved. 3. The width of such improve ment. Each lot proposed to be a essed together with a valuation ixed by the council. 5. An estimate of the cost of the roposed improvement, stating the ame for each different type of ons ruction and kind of material D be used. 6. In each case the amount hereof which is estimated to be ,ssessed against each lot, for the ;ity of Dubuque-1968—Concrete 'urb and Gutter Project No. 1. Asbury Road from the W.P.L. of John F Kennedy Road to the W.P.L. of Lot 1-1-1 of Asbury Park. !. John F. Kennedy Road from the N.P.L. of Asbury Road to the N.P.L. of Lot 1 of Block 2 of "Highland" subdivision. BE IT THEREFORE RESOLVED :hat the City Council on its own motion or upon petition of prop- �rty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- 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 within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to Adioumed Special Session, May 20, 1968 267 and paid by the railway company. The above rresolution Calot and was ordered intro- duced . placed on file with the City Clerk this 15th day of April, 1968. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 20th day of May 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Gaylord M. Couchman Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved final adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers. Preg. ler, Schultz. Nays—None. to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve. ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds or with Street Improvement bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE TT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adop- (Ordering Construction) tion by the City Council. RESOLUTION NO. 222.68 Passed, adopted and approved BE IT RESOLVED BY THE this 20th day May, 1968. CITY COUNCIL OF THE CITY OF Sylvester McCauley DUBUQUE that pursuant to a reso- Mayor lution of necessity No. 169-68 Walter A. Pregler which was duly passed by this Merlin F. Schultz Council, for the construction of Donald R. Meyers CITY OF DUBUQUE 1968 CON. Gaylord M. Couchman CRETE CURB AND GUTTER PRO Councilmen JECT NO. 1 on 1. Asbury Road from the W.P.L. of John F. Kennedy Road to the W.P.L. of Lot 1-1-1 of Asbury Park. 2. John F. Kennedy Road from the N.P.L. of Asbury Road to the N.P.L. of Lot 1 of Block 2 of "Highland" Subdivision be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvement, whether such property abut upon the same or are adjacent thereto, according 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 McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of resolution of neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for con- struction of City of 1,968 Bituminous Concrete Paving Proiect No. 1 in alley between White and Jackson from 20th to 21st; Alley between Locust and Bluff Street between tAltaoPlace Street; Alley 2$8 Adiourned Special Session, May 20, 1968 and Algona street, from Fillmore to Decorah streets; Broadlawn street from Asbury to Hillcrest Road; Bunker Hill Street from Finley to Green Street; Bunker Hill Golf Course Roadway; Custer street from Atlantic to Auburn Street; Eagle Point Park Roadway; Prairie street from Loras to W. 11th Street, presented and read. Councilman Schultz moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of public hearing on resolution of Necessity were mailed by certified mail on April 23. 1968, to property owners of record subject to assessment for construction of City of Dubuque 1968 Bituminous Concrete Paving Project No. 1, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity of re -schedule of date of hearing from May 13, 1968 to May 20, 1968, to property owners of record were mailed by certified mail on May 8, 1968, relative to the pro- posed construction of City of Du- buque 1968 Bituminous Concrete Paving Project No. 1, presented and read. Councilman Pregler moved that the statement be re- ceived and filed. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mr. Don Weidenbacher ad- dressed the Council and requested that the alley be retained in the program between 20th and 21st. and Jackson and White for the benefit of St. Paul's Lutheran Church. Mr. Clarence Weiner ob- jected to the paving of the alley between 20th and 21st due to financial hardship in paying the assessment. Councilman Pregler moved that the alley between 20th and 21st and Jackson and White be retained in the Bituminous con- crete paving program. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mayor McCauley moved that the alley between 8th street and 7th street and between Locust and Bluff be retained in the Bitumi- nous paving program. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mr. Carl Bartels addressed the Council requesting that the alley between Alta Place and Algona from Fillmore to Decorah streets be retained in the Bituminous Paving Program. Arlene Dieterich objected to the paving of the al- ley between Alta Place and Al- gona. Mayor McCauley moved that the alley between Alta Place and Algona from Fillmore to Decorah Street be retained in the Bitumi. nous paving program. Motion died for lack of a second. Councilman Pregler moved that the alley between Alta Place and Algona from Fillmore to Decorah streets be removed from the 1968 Bituminous Paving project. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Councilmen Couchman, Meyers, Pregler, Schultz. Nays—Mayor McCauley. Councilman Pregler moved that Broadlawn street from Asbury to Hillcrest Road be retained in the 1968 Bituminous Paving Project. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Dorothy Lamb, Cy Hillard, Chas Reddin all residents of Custer Street objected to the paving of the street for various reasons, mostly that the need is not war- Adjourned Special Session, May 20, 1968 289 ranted. Councilman Meyers moved that Custer street be deleted from the 1968 Bituminous Paving proj. ect. Seconded by Councilman Schultz. Vo Counci man Mon the l on was: Yeas e y e r s, Schultz. Nays—Mayor McCauley, Council- men Pregler, o ema . Tigger, Mrs. Abby Ron Welsh, Mrs. Martelle, Jack Douglas, Margaret Steichen, Selma Doerrman, all addressed the Coun- cil objecting to the proposed pay. ing of Prairie Street. Councilman Schultz moved that Prairie Street be deleted from the 1968 Bitumi. nous Paving project. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 22368 RESOLUTION AMENDING RESOLUTION NO. 17368 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 173.68, being the Resolution of Necessity for the City of Dubuque 1968 Bituminous Concrete Paving Project No. 1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: 1. Alley between Alta Place and Algona Street from Fillmore to Decorah Street. 2. Custer Street from the W.P.L. of Atlantic Street to the E.P.L. of Auburn Street. 3. Prairie Street from the S.P.L. of Loras Boulevard to the N.P.L. of West 11th St. Passed, adopted and approved this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 22468 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1988 Bi- tuminous Concrete Paving Project No. 1 have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 28 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 20th day of May, 1968; and WHEREAS, the City Council met in special adjourned session this 20th day of May, 1968, at 7:80 o'clock P.M. at the Council Cham - hers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, speci- fications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby over- ruled and such plans, specifica- tions and form e fore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. 270 Adjourned Special Session, May 20, 1968 Passed, adopted and approved this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 173.68 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque— 1968—Bitumi- nous 968—Bitumi- nous Concrete Paving Project. No. 1. 1. Alley between White and Jack- son Streets—from East 20th to East 21st Streets. 2. Alley between Locust and Bluff Streets -- from Seventh to Eighth Street. 3. Broadlawn Street — from the S.P.L. of Asbury Road to the N.P.L. of Hillcrest Rd. 4. Bunker Hill Street—from the S. -L. of Finley to the N.P.L. of Green Street. 5. Bunker Hill Golf Course — Roadway. 6. Eagle Point Park—Roadway. BE IT THEREFORE RESOLVED ;hat the City Council on its own motion or upon petition of prop- �rty owners, deems it advisable and necessary for the public wel- ware to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess• ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund, im- provement fund. Bonds shall be issued and sold in anticipa- tion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of April, 1968. RECORD OF FINAL ADOPTION. The foregoing resolution was finally passed and adopted, as amended, by the City Council this 20th day of May 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Gaylord M. Couchman Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Adjourned Special Session, May 20, 1988 271 Councilman Pregler moved final adoptionCouncilman s(Couchman.c ond- eCar- d by ried by the following vote: Yeas --. Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (Ordering Construction) RESOLUTION NO. 225.68 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 173-68 which was duly passed by this Council, for the construction of City of Du- buque 1968 Bituminous Concrete Paving Project No. 1. 1. Alley between White and Jackson Streets — from East 20th to East 21st Streets. 2. Alley between Locust and Bluff Streets — from Seventh to Eighth Street. 3. Broadlawn Street—from the S.P.L. of Asbury Road to the N.P.L, of Hillcrest Rd. 4. Bunker Hill Street—from the S.P.L. of Finley to the N.P.L. of Green Street. 5. Bunker Hill Golf Course — Roadway. 6. Eagle Point Park—Roadway. Be and the same are hereby 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 with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds or with Street Improvement bonds to be issued in anticipation of deferred payments of assess- nents as provided by law after the vork has been completed and ac- :epted by the City Council. BE IT FURTHER RESOLVED ;hat the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution beim; deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adop tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilme Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 226.68 Resolution requiring abutting property owners to make sewer and water and gas connections. WHEREAS, the City Council has heretofore adopted Resolution No. 173.68, being the Resolution of Necessity for permanently improv- ing City of Dubuque 1968 Bitumi- nous Concrete Paving Project No. 1. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting o= gnired to provement are hereby make connections from the sewer, water and gas mains to the curb line of said property prior to July 1, 1968. Section 2. That the City Clerk is hereby authorized and directed 272 Adjourned Special Session, May 20, 1968 to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resolution. Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for City of Dubuque 1968 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 on the following named streets: 1. Asbury Road—from the W.P. L. of J. F. Kennedy Road to the W.P.L. of Lot 1-1.1 of Asbury Park. 2. Asbury Road—from the W. L. of St. Ambrose Street to the E.P.L. of Bunker Hill Road. 3. Carter Road—from the S.P.L. of Asbury Road to the N.P.L. of Mettel-Link Subdivision. 4. Chaney Road—from the S.P.L. of Asbury Road to the N.P.L. of Hillcrest Road. 5. Hillcrest Street—from the S. P.L. of Asbury Road to the E,P.L. A Carter Road. 6. John F. Kennedy Road—from the N.P.L. of Asbury Road to the N.P.L. of Lot 1 of Block 2 of "Highland Subdivision". 7. Julien Dubuque Park Road— from the S.P.L. of Julien Dubuque Drive to the Illinois Central Rail- road Right -of -Way. 8. Kane Street—from the E.P.L. of Chaney Road to the W.P.L. of North Grandview Avenue. 9. Loras Boulevard—from the W.P.L. of Booth Street to the N. P.L. of University Avenue. 10. Pennsylvania Avenue—from the N.P.L. of University Avenue to the E.P.L. of Lot 1-E.%-2.1-2 of J. P. Mettel's Subdivision. Mayor McCauley moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity were mailed by certified mail on April 23, 1968, to property owners of record subject to assessment for the construction of City of Du- buque 1968 Hot Mix -Hot Laid As- phaltic Concrete Paving Project No. 1, presented and read. Mayor McCauley moved that the state- ment be received and filed. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity on the re -schedule of hearing from May 13, 1968 to May 20, 1968 were mailed by certified mail on May 8, 1968, to property owners of record subject to assessment for the con- struction of City of Dubuque 1968 Hot Mix -Hot Laid Asphaltic Con- crete Paving Project No. 1, pre- sented and read. Mayor McCauley moved that the statement be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Adjourned Special Session, May 20, 1968 273 Yeas -- Mayor McCauley, Coun- Paving Project No. 1. Seconded cilmen Couchman, Meyers, Preg- by Councilman Couchman. Carried ler. Schultz. by the following vote: Nays—None. Yeas — Mayor McCauley, Coun- Attorney Leo McCarthy ad- cilmen Couchman, Meyers, McCau- dressed the Council as a represen- ley, Pregler, Schultz, tative of the residents of Loras Nays—None. Boulevard objecting to the pro- posed paving of Loras from Booth to University because in his opin- ion the street does not require such an extensive project. Mr. Dustman, Mrs. L. Benner, Mr. and Mrs. Yarnall, James Linehan, Dick Pauly, Phil I.angas, Dean Boyes, and John Manders all citizens af- fected by the paving of Loras Blvd. addressed the Council by ob- jecting to the paving of the street for various reasons. Mayor McCauley moved that Loras Blvd. from Booth to Univer• sity be retained in the City of Dubuque 1988 Hot Mix -Hot Laid Asphaltic Concrete Paving project No. 1. Seconded by Councilman Couchman. The vote on the mo- tion was: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler. Nays—Councilman Schultz. Attorney Alfred Hughes ad- dressed the Council requesting that the paving of Julien Dubuque Park Road be retained in the 1968 Hot Mix -Hot Laid Paving Project despite the objection as to pay- ment of the assessment as pre- sented by the Illinois Central Rail- road Company. His client the In- land Molasses Co. will pay the assessments covering the cost of construction of the street over a ten year period and are willing to go into an agreement with the rail- road to that effect, with ample as- surance to the City as to payment. Mr. Lemon, a representative of the I. C. railroad from Waterloo stated that the street was given to the County by easement, which was done prior to annexation by the City. Now that the City has annexed the area the position of the Railroad has not changed as to the payment of special assess- ments which may accrue against the property, because it is of no direct benefit to the railroad. Ma- yor McCauley moved that Julien Dubuque Park Road be retained in the City of Dubuque 1968 Hot Mix- Hot Laid Asphaltic Concrete RESOLUTION NO. W768 Resolution amending Resolution No. 17768. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 177-68, being the Resolution of Necessity for the City of Dubuque 1968 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, be and the same is hereby amend- ed by deleting the following por- tions of the following named streets therefrom: Loras Boulevard from the W.P.L. of Booth Street to the N.P.L. of University Avenue. Passed, adopted and approved this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 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 McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 228.68 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1968 Hot Mix -Hot Laid Asphaltic COn- crete Paving Project No. 1 have been approved by the City COun- cil of the City of Dubuque and public notice Chapter 23 of given provided the Code of Iowa, 1966, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all 274 Adjourned Special Session, May 20, 1968 objections to said plans, specifica- tions or contract for or cost of such improvements, said timebe- ing this 20th day of May, 1968; and WHEREAS, the City Council met in adjourned special session this 20th day of May, 1968, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hail for the pur- pose of hearing all interested par- ties and considering any and all objections which have been filed ` to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par- ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap. proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im. provement. Passed, adopted and approved this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk (Necessity for Imarovement) RESOLUTION NO. 177.68 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other +bines the following: 1. The assessment limits of each street to be improved. 2. ',fie streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. CITY OF DUBUQUE —1968— HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1 1. Asbury Road—from the W.P.L. of J. F. Kennedy Rd. to the W.P.L. of Lot 1-1-1 of Asbury Park. 2. Asbury Road—from the W.P.L. of St. Ambrose Street to the E.P.L. of Bunker Hill Rd. 3. Carter Road—from the S.P.L. of Asbury Rd. to the N.L.P. of Mettel-Link Subdivision. 4. Chaney Road—from the S.P.L. of Asbury Rd. to the N.P.L. of Hillcrest Road. 5. Hillcrest Street—from the S.P. L. of Asbury Road to the E.P.L. of Carter Road. 6. John F. Kennedy Road—from the N.P.L. of Asbury Road to the N.P.L. of Lot 1, Block 2 of "Riehland Subdivision." 7. Kane Street—from the E.P.L. of Chaney Rd. to the W.P.L. of North Grandview Ave. 8. Pennsylvania Avenue — from the N.P.L. of University Ave- nue to the E.P.L. of Lot 1-E.%- 2.1-2 of J. P. Mettel's Subdivi- sion. 9. Julien Dubuque Park Road — from the S.P.L. of Julien Du- buque Drive to the Illinois Cen- tral Railroad Right-of-way. Adjourned Special Session, May 20, 1968 275 BE IT THEREFORE RESOLVED Councilman Meyers moved adop• that the City Council on its own tion of the resolution. Seconded motion or upon petition of prop- by Councilman Couchman. Carried erty owners, deems it advisable byY as follMeng vote: and necessary for the public wel- cilmen Couchman, McCauley, Coun- fare to make the herein mentioned Meyers, Preg. improvement, and unless property ler, Schultz. owners at the time of the final Nays—None. consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds therof usd 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 intrn- duced, approved and ordered Placed on file with the City Clerk this 15th day of April, 1968. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as amended, by the City Council this 20th day of May 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk (Ordering Construction) RESOLUTION NO. 229.68 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 177.68 which was 4 +1v nacRpd by this Council, for the construction of City of Du- buque 1968 Hot Mix -Hot Laid As- phaltic Concrete Paving Project No. I. 1. Asbury Road—from the W.P. L. of J. F. Kennedy Rd. to the W.P.L. of Lot 1-1-1 of Asbury Park. 2. Asbury Road—from the W. P.L. of St. Ambrose Street to the E.P.L. of Bunker Hill Rd. 3. Carter Road—from the S.P.L. of Asbury Rd. to the N.P.L. of Mettel-Link Subdivision. 4. Chaney Road—frnm the S.P.L. of Asbury Rd. to the N.P.L. of ?filler -t Road. 5. Hillcrest Street—from the S. P.L. of Asbury Road to the E.P.L. of Carter Road. 6. John F. Kennedy Road from the N.P.L. of Asbury Road to the N.P.L. of I.ot 1 Block 2 of "High- land Subdivision." 7. Kane Street—from the E.P.L. of Chaney Rd. to the W.P.L. of North Grandview Ave. 8. Pennsylvania Avenue — from the N.P.L. of University Avenue to the E.P.L. of Lot 1-E%-2-1-2 of J- P. Mettel's Subdivision. 9. Julien Dubuque Park Road— from the S.P.L. of Julien Dubuque Drive to the Illinois Central Rail- road Right-of-way. or - Be and the same are herebythls dered and constructed by Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. RE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against 276 Adjourned Special Session, May 20, 1968 the privately owned property ly- ing within the assessable distance from the improvementq, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds or with Street Im. provement Bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. City Clerk RESOLUTION NO. 230-68 Resolution Requiring Abutting Property Owners To Make Sewer end Water and Gas Connections. WHEREAS, the City Council has heretofore adopted Resolution No. 177-68, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1968 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1. NOW, THEREFORE, Be It Re. solved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im. provement are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to July 1, 1968. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Res- olution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Res- lution, then the City Manager shall proceed to have said connection made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pen. dency of resolution of necessity for public improvements and hearing upon proposed plans and specifi- cations, form of contract and cost of improvements for construction of City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 1 on Maple Street from E. loth Adjourned Special Session, May 20, 1968 271 to East 18th Street and East Sev- enteenth from Maple Street to the R, R. tracks, presented and read. Mayor McCauley moved that the proof of publication be received Council - main fpr glereCarr ed by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity were mailed by certified mail on April 23, 1968, to property owners of record subject to assessment and payment of cost for the construc- tion of City of Dubuque 1968 Con- crete Paving with Integral Curb Project No. 1, presented and read. Mayor McCauley moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Statement of City Clerk certify. ing that notices of public hearing on the resolution of necessity, showing re -schedule of hearing from May 13, 1968 to May 20, 1968, were mailed by certified mail on May 8, 1968, to property owners of record subject to assessment and payment of cost for the con- struction of City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 1, presented and read. Mayor McCauley moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Attorney James Reynolds ad- dressed the Council, representing a group of citizens, that live around the Packing Company, objecting to the proposed construction of the Concrete Paving with Integral Curb project No. 1, due to the financial hardship as to the pay- ment of assessments. Attorney Al Hughes and Mr. Irv- in Oeth spoke in favor the im- provement as representatives of the Dubuque Packing Company. Mr. Pete Rokusek, Clarence Ney, and Mrs. Frank Blaser, all spoke in opposition to the concrete pav- ing improvement both as to bene- fit received and the amount of assessment. Mayor McCauley moved that Maple Street and East Seventeenth Street remain in the City of Du- buque 1968 Concrete Paving with Integral Curb Project No. 1. Sec- onded by Councilman Couchman. Councilman Pregler amended the motion that 17th street be deleted from the project. The vote on the amendment was Yeas—Mayor Mc- Cauley, Councilmen Couchman, Meyers, Pregler, Schultz. Nays—None. The vote on the original motion was Yeas — Mayor McCauley, Councilmen Couchman, Meyers, Pregler. Nays—Councilman Schultz. RESOLUTION NO. 23168 RESOLUTION AMENDING R5SO- LOTION NO. 18168 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Resolution No. 181-68, being the Resolution of Necessity for the City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 1, be and the same is hereby amended by delet- ing the following portions of the fallowing named streets therefrom: East Seventeenth Street from the W.P.L. of Maple Street to the R.A. tracks. Passed, adopted and approved this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Merlin F. Schultz Councilmen Attest: Leo F. Frommelt, City Clerk Mayor McCauley moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. 278 Adjourned Special Session, May 20, 1968 Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments. RESOLUTION NO. 232-68 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1968 Con- crete Paving Integral Curb Project No. 1 on Maple Street from the N.P.L. of East 16th Street to the S.P.L. of East 18th Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 20th day of May, 1968; and WHEREAS, the City Council met in special adjourned session this 20th day of May, 1988, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested par- ties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con. sidered; now, therefore BE IT RESOLVED by the Cit) Council of the City of Dubuque that all objections which have beer made and filed to the plans, spec ifications, contract for or cost of said improvement herein describec and proposed to be made, N and the same hereby overruled an( such plans, specifications and forn of contract heretofore approves are hereby adopted. BE IT FURTHER RESOLVEI that this resolution containing th decision of this Council upon a] objections which have been files to the plans, specifications an form of cost said improvement b made a matter of permanent re( ord in connection with said in provement. Passed, adopted and approved this 20th day of May, 1568. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest, Leo F. Frommelt, City Clerk Councilman Couchman moved idoption of the resolution. Second - !d by Councilman Pregler. Car- -led by the following vote: Yeas — Mayor McCauley. Cnun- -ilmen Couchman, Meyers, Pregler, Schultz. Nays—None. (Nece+situ for Improvement) RESOLUTION NO. 181.68 WHEREAS, proposed plans, specifications, form of contract, )]at and schedule have been duly 3repared and approved by the ^ity 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 assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the CITY OF DUBUQUE 1968 CON. CRETE PAVING WITH INTE- GRAL CURB PROJECT NO. I. 1. Maple Street from the N.P.L. of East 16th Street to the S. P.L. of East 18th Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Adjourned Special Session, May 20, 1968 279 Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the pians and specifications which have been prepared there- fore by the City Engineer which approved Councill andro enow on f le witthe h the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop. erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund, bonds shall be issued and sold in anticipation of deferred Pay- ments of assessments when a con- tract has been performed and ac- cepted 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, ntr duced, approved and ordered placed on file with the City Clerk this 15th day of April, 1968. RECORD OF FINAL ADOPTION The foregoing resolution wa finally passed, and adopted, amended, by the City Council th' 20th day of May 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchm Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ad tion of the resolution. Second by Councilman Couchman. C ried by the following vote: Yeas — Mayor McCauley, Co cilmen Couchman Meyers, Pr ler, Schultz. Nays—None. (Ordering Construction)! RESOLUTION NO. 233 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 181-88 which was duly passed by this Council, for the construction of CITY OF DU- BUQUE 1968 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1 on Maple Street from the N.P.L. of East 16th Street to the S.P.L. of East 18th Street. 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 with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in Propor- tion to the special benefits con- ferred, and any deficiency will be o paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realised from . the sale of bonds or with street s improvement bonds to be issued as in anticipation of deferred pay- assessmentsments of or by law after thework has been completed and accepted by the City Council. BE TP FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad - an vertise for proposals for the con. struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 30 days after notice e to proceed has been issued. ar- r- BE IT FURTHER RESOLVED deemed that this resolution being in. urgent and of immediate necessity eg• shall in forcedeffect from and adoption and after its Passage by the City Council. 8o Adjourned Special Session, May 20, 1988 Passed, adopted and approved this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 23468 Resolution Requiring Abutting Property Owners To Make Sew- er and Water and Gas Connec. tions. WHEREAS, the City Council has heretofore adopted Resolution No. 181-68, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 1. NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to July 1, 1968. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall )e assessed against such abutting property. Adopted this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Mr. Leo Lang addressed the Council by requesting the removal of a nuisance that exists to the rear of 911 Garfield Ave. relative to repairing of cars, truck and mo- torcycles, and the blocking of the alley and individual garage en- trances. Mr. Lang was informed that the nuisance is being followed up as the result of his written pe- tition previously filed with the Council. Petition of Louis Buechel re- questing permission to excavate in the alley at 1199 Main Street to the rear of St. Luke's Church, pre- sented and read. Councilman Preg- ler moved that the petition be ap- proved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — MayorMcCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Midwest Developers Inc. requesting that a portion of Westridge Drive from S.P.L. of Daniels Street south 80' to S.P.L. Westridge Drive be vacated and conveyed to them presented and read. Mayor McCauley moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Adjourned Special Session, May 20,1988 281 May 20, 1968 Honorable Mayor and Councilmen Gentlemen: The City Planning and Zoning Commission has reviewed a re- quest to have property on the north side of the shopping center rezoned from single family resi- dence to Local Business "B." It is the recommendation of the Com- mission that the zoning be changed as requested. This letter is being submitted so that you may schedule a pub- lic hearing on the proposal. A re- port from the commission on this matter will be submitted to you prior to the public hearing. City Planning & Zoning Commission Donald Gilson City Planner Councilman Meyers moved that the communication be received and filed. Seconded by Councilman pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg• ler, Schultz. Nays—None. ORDINANCE NO. 27-68 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Family Residence District" classification to "Local Business 'B' District" Classifica- tion, (Lot 1 of 2 of 2 of2 of 2 of 2 of NEIA NE!/4 Se. 28, T. 89, 2 E) presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote - Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol• lowing vote: You -- Mayor McCauley, Coun• :ilmen Couchman, Meyers, Preg- er, Schultz. Nays—None. Councilman Meyers moved that i public hearing be held on the Drdinance on June 10, 1968 in the Council Chamber at the City Hall and the Clerk be instructed to pub- lish notice of same in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. May 20, IM To the Honorable Mayor and City Council Gentlemen: I am returning to you the papers of Mr. Louis Pfohl requesting per- mission to construct a walk -way to the new entrance on the north side of the old Frommelt Building located on the southeast corner of Third and Main. Also, attached hereto is an Ordinance authorizing Mr. Louis H. Pfobl permission to construct this sidewalk. I, therefore, recommend your honorable body to approve said Ordinance. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 28-68 An Ordinance authorizing Plas- tic Center Inc. to construct a raised sidewalk, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three sopa- 282 Adjourned Special Session, May 20, 1968 rate days be waived. Seconded by Councilman Pregier. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE No. 2&68 AN ORDINANCE AUTHORIZING PLASTIC CENTEtR INC. TO CONSTRUCT A RAISED SIDEWALK ao It ordained by the City Council of n a ralsea s,oewa,a of the above lot un - conditions set forth In uch construction shall mce with plans here - y permittees and ap- Manager, under the Ilrectlon of the city accordance with all nd federal laws and ,e Ordinances of the Seefionr 3.�Tha1 the permission herein ranted Is expressly conditioned on per- nittees agreement to: a) Assume any and all liability for damages to personsor property which may result from the existence, construction or maintenance of said raised sidewalk; b) To pay on behalf of the City of Dubuque all sums which the City 10 paybhvureasonlofthemliability Ind posed upon the City of Dubuque for damages of any kind resulting from the existence, construction or maintenance of said raised side- walk, sustained by any person or Persons, caused by accident or otherwise, to defend at Its own expense and on behalf of said City env claim against the City of Du- buque arising out of the existence construction or maintenance of said raised sidewalk; C) To Indemnify and hold City of Dubuquefree and harmless from any andall claims, loss, liability and expense for Inluries to third Persons or damages to property of third persons, or for damage to any property of City of Dubuque which may occur as a result of or In connection with the construction, maintenance and repair of the fa- cility, work or improvement per- mitted herein, Section 4. That the permission herein granted Is expressly conditioned upon )ermlttees further agreement that -hnOld the right and privilege herein granted be rescinded or revoked by the City Coun- al, permittees, or their successors In nterest, as owners of the abutting prop- trtv, shall within thirty (30) days after recepif of written notice from the City Manager, so to do, at their own expense, remove said raised sidewalk, and in the event of their failure so to do, the City ofDubuque shall be authorized to remove said raised sidewalk, at permittees ex- pense and dispose of the same, and the permittees shall have no claim against the City or Its agents for damages re- sulting from the removal of said raised sidewalk. Section S. This Ordinance shall be- come effective and the rights hereunder accrue to Plastic Center nc. when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by ac- regtance endorsed on this Ordinance. Passed, adopted and approved this 20th day of May, A.D., 1968. Sylvester McCauley Mayor Wait r A. Profiler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman eAttest Councilmen City Clerkrommelt ACCEPTANCEOF ORDINANCE N0.28.68 The undersigned having read and be- ing familiar with the terms and con- ditions of Ordinance No. 28-68 hereby, for themselves, their successors or as- signs, as owners of the abutting proper- ty, accept the same and agree to be bound by the conditions end greements therein contained to be perfaormed by permittees. Dated MaY 2g, y1968 Plastic Center Inc. Louis H. Pfohi, Pres. Published officially in The Telepraph- Her id Newspaper this 23rd day of May L Cft .Clerk f it. 5/23 Counciiman Couchman moved 'final adaption of the Ordinance. >econded by Councilman Meyers. tarried by the following vote: Yeas — Mayor McCauley, Coun- Almen Couchman, Meyers, Preg- er, Schultz. Nays—None. Petition of Rainbo Oil Company requesting permission to construct % steel building, rather than a building of the type of construc- tion required in the area by code, on the southeast corner of Main Street and Railroad Avenue, pre- sented and read. Councilman Preg- ler moved that the petition be re- ferred to the City Manager and staff for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays --None. Petition of Lyle E. Miller ob- jecting to the "No Parking" signs on Asbury Street between Carter and Woodlawn which seem to be creating a driving hazard in the area, presented and read. Mayor McCauley moved that the petition be referred to the City Manager and Traffic Committee. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. May 20, 1988 Mayor To the Honorable and City Council Gentlemen: Street area. We would also like to discuss with you the subdivision construc- opportunity at Council referred to the keeping Kaufmann We would like the to discuss with you meeting the petition the staff regarding of horses near the Adjourned Special Session, May 20, 1968 283 tion shed on the dead end of Keymount Dr. Respectfully. Gilbert D. Chavenelle. City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. City Sanitarian Lavern Goerdt gave a complete report on the horse (pony) situation on Kauf. mann Ave. It seems the proprietor has dnne everything possible to co- operate. Building Commissioner Bandy re- ported on the shed at the end of Keymont and was urged by the Mayor in agreement with the Coun- cil to see to it that the shed be removed. RESOLUTION NO. 235-68 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT D.B.Q. Inc. (Effective May 27, 1968) 4th & Locust Street Mary Bahl, 253 Main Street Passed, adopted and approved this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor McCauley moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 236-68 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with State Law and all City ordin- ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT D.B.Q. Inc. (Effective May 27, 1968) 4th & Locust Street Mary Bahl, 253 Main Street Passed, adopted and approved this 20th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor McCauley moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Coun- 284 Adionmed Special Session, May 20, 1968 cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Leo F. Frommelt. City Clerk Approved UBt.... !� ....... 1968. Adopted ..August 12 ....... V ...................... 1968. 4-2th............... .. /....... J. .41 ..... ov� Z- . ....... ........ ....... ...................................... Councilmen -- - --* -* AttestetjA.f ... City Clerk Special Session, May 24, 1968 285 CITY COUNCIL, (OFFICIAL) i Special Session, May 24, 1968. Council met at 8:00 A.M. (D.S.T.) Present—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Absent—City Manager Gilbert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of approving CIGARETTE, BEER AND LIQUOR APPLICATIONS FOR TI4E NAVY CLUB, and acting upon such other business as may propertly come before a regular meeting of the City Council. RESOLUTION NO. 237.68 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. Navy Club, Ship No. 67 (Transfer from 469 Main Street), 342 Main Street Passed, adopted and approved this 24th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 238-68 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica tions be granted and licenses be issued upon the compliance with The terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB Navy Club, Ship #67, 342 Main Street (Transfer from 469 Main Street) Passed, adopted and approved this 24th day of May, 1968, Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 23968 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicant a Beer Permit. CLASS "B" BEER PERMIT PRIVATE CLUB Navy Club, Ship No. 67, (Transfer from 469 Main Street), 342 Main Street Be It Further Resolved that the bonds filed by such applicant be and the same are hereby approved. Passed, adopted and approved this 24th day of May. 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk 256 Special Session, May 24, 1965 Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Coun- cilmen — Mayor McCauley, Couchman, Meyers, Pregler, Schultz. Nays—Non('. RESOLUTION NO. 240-68 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Navy Club, Ship No. 67, 342 Main Street Passed, adopted and approved this 24th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 241.68 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by �)uch applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and thev have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Navy Club, Ship #67, 342 Main Street Passed, adopted and approved this 24th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .. A i F u t.... �; 2.....1968 Adopte AuILUS t 12 .... 1968 rytrFccar..F. ,................... • A ....... .......... .......... U ....................... Councilmen Attest .... City Clerk f Special Session, May 29, 1988 287 CITY COUNCIL OFFICIAL Special Session, May 29, 1968. Council met at 4:30 P.M. (D.S.T.) Present—Mayor McCauley, Coun- cilmen Meyers, Pregler, Schulte. City Manager Gilbert D. Chaven- elle. Absent --Councilman Couchman. Mayor McCauley read the can and stated that service thereof had been duly made and this meeting is called for the purpose of AUTH- ORIZING ADVERTISING OF BIDS FOR THE DEMOLITION AND SITE CLEARANCE OF CERTAIN PARCELS OF REAL ESTATE IN THE DOWNTOWN URBAN RE- NEWAL PROJECT IOWA R-15, and acting upon such other business as may properly come before a regular meeting of the City Coun- cil. Communication of Building Code Committee recommending that the "Fire Limits" in the downtown area be revised excluding the area south of Railroad Avenue, present- ed and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Absent—Councilman Couchman. May 27, 1968 To The Honorable Mayor And City Council Gentlemen: The petition of Rainbo Oil Com- pany by Bernard M. Fahey re- questing permisison to erect a metal building on property leased by them located on the south east corner of Railroad Avenue and Main Street was referred to the Building Code Committee. This committee has recommend- ed that the area south of Railroad Avenue be eliminated from the Present Fire Limits which would allow the erection of this building. They also state this is an op- portunity to start to improve this entire area and would not increase the hazard as far as concentration Of buildings is concerned. I recommend you accept the pro - posal of the Building Code Com- mittee. Gilbert D. Chavenelle, City Manager Councilman PregIer moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz, Nays—None. Absent—Councilman Couchman. ORDINANCE NO. 2948 An Ordinance amending f19a Building Code Ordinance No. 56.61 of the City of Dubuque, Iowa, by repealing Section 5300 of Article 53 thereof and enact- ing a new Section 5300 of Arti- cle 53 thereof, presented and read. Councilmen Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. ORDINANCE NO. 2941 An Ordinance amending the Building Code, Ordinance No. 56.61 of the CRY of Dubuque, low&, by repealing Section 5300 of Article S3 thereof end enacting anew Section 5300 of Article 53 there- of Be It Ordained By the City Council of Dubuque, Iowa: Section 1. That Section 53M of Article 53 of the Building Code of the City of anduthe,sameaIs herebycrepealed and be new Section 5300 of Article 53 be enacted In lieu thereof as follows to wit: ARTICLE 53 Sj 4q FIRE LIMITS All tlttat S300, 0rt of Fire Limits of Dubuque, Iowa, embraced within the limits here- after described shall be known as the fire limits of the City of Dubuque, 10 wit: Beginning at a Point In the center "no of the Chicago, Milwaukee, St. Paul and Pacific Railroad main line and the south property line of Railroad Avenue, thence west along the south properly line of Railroad Avenue to the east11116 of South Locust Street, thence north along the east line of South Locust Street to a point Soo feet south of the south Ilrro of Dodge Street, thence westerly Parallel to and 500 feet south of the south line of Dodge Street to the east line of Bluff Street, thence In a northerly dlreetion along the east line of Bluff 288 Special Session, May 29, 1968 Street to the north line of Dodge Street' ge Street west therear iotline line lo lno0 On the west side o1 Bluff Street, thence line of tan nthe ereet to the north the west side of BluffSeesrSirinhotrhear�n an side of rOf lots on the west side of Central Avenue thes CentralioAvenue toe atheline south line of Kaufmann Avenue, thence In an ofslni along the KaufmanAvenue a Eat72nd Street to the west line of White Street, thence in a southerly direction to the south line of East Nineteenth Street, center in of ache rwesterevti main line track of the Chicago Great Western Railroad, thence southerlY along the cen- ter of track to the aintersectionsNoftthe —for line of the main line of. the Ch1_ the center line of ,e, St. Pauland main line to the Ra'road Avenue, �'Seditin 2.4 This Ordinance shall be in full force and effect from and after Its final passage, adoption and publication as by law provided. Introduced this 29th day of MaY, 1968. Rule requiring reading on three sap arate days suspended by unanimous vote on this 29th day of May, 1969. Passed by recorded ro'I call vote, adopted and approved this 29th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest Leo F. Frommelt City Clerk Published officallY In The Telegraph - Herald newspaper this 4th day of June. 1968. Leo F. Frommelt City Clerk It. 6A Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Plan for the Project Area has ac- quired and is acquiring certain parcels of real estate; and WHEREAS, in order to provide cleared land for certain public im- provements and for other pur- poses; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That the City Clerk be and he is hereby authorized and directed to publish "Invita- tion for Bids" for Demolition Con- tracts No. 1-68 and 2.68 for the de- molition and site clearance of cer- tain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15, in the form of Exhibit "A" and Exhibit "B" attached hereto and made a part hereof. Passed, and adopted, and ap- proved this 3rd day of June, 1968. Sylvester McCauley RESOLUTION NO. 242-68 Authorizing the Advertising of Bids for the Demolition and Site Clearance of Certain Parcels of Real Estate in the Downtown Urban Renewal Project, Iowa R-15. WHEREAS, the City of Dubuque under date of July 26, 1967, en- tered into a Loan and Capital Grant Contract with the United States of America providing for financial assistance to the City of Dubuque under Title I of the Housing Act of 1949, as amended, for the undertaking of the Down- town Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to such contract and to implement the Urban Renewal Mayor Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler. Nays—Councilman Schultz. Absent—Councilman Couchman. EXHIBIT "A" INVITATION FOR BIDS Demolition Contract No. 1.68 The City of Dubuque, State of Iowa, will receive sealed propos- als for Demolition of buildings and structures and Site Clearance for the Downtown Urban Renewal Project, Iowa R-15, until 10 o'clock, A.M., Central Daylight Time on June 11, 1968, at the Office of the City Clerk, City Hall, 13th and Iowa, Dubuque, Iowa, at which time all bids will be publicly op- ened and read in Council Cham- bers. This project will consist of approximately 11 major buildings and other improvements that may par- celsfact exist upon any of the cels to be cleared. All improve- ments are to be demolished or dis- mantled on the site. Contract Documents-, including drawings, technical drawings and Special Session, May 29, 1968 289 forms are on file with the Direc- tor of Urban Renewal. Copies of the Contract Docu- ments may be obtained by depos- iting $10.00 with the Director of Urban Renewal. 455 Fischer Build- ing, Dubuque, Iowa, for each set of documents so obtained. Each such deposit will be refunded if the documents are returned in good condition within 10 days af- ter bid opening. A certified check or bank draft, payable to the order of the City of Dubuque negotiable U.S. Gov- ernment bonds, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to t -en percent (1011r) of the estimated cost of Demoli- tion and Site Clearance exclusive of any deductions for salvage, shall be submitted with each bid The successful Bidder will be required to furnish and pay for satisfactory performance and pay- ment bond or bonds. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that em- ployees and apPlicanta for employ- ment are not discriminated against because of their race, creed, color, or national origin. The City of Dubuque reserves the right to reject any or all Bids or to waive any informalities in the bidding. Bids may be held by the City of Dubuque for a period not to exceed thirty (30) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifica- tions of the Bidders, prior to awarding of the Contract. Date: May 29, 1968. CITY OF DUBUQUE Leo F. Frommelt City Clerk o'clock, A.M., Central Daylight Time on June 11, 1968, at the Office of the City Clerk, City Hall, 13th and Iowa, Dubuque, Iowa, at which time all bids will be pub- licly opened and read in Council Chambers. This project will con- sist of approximately 18 major buildings and other improvements that may in fact exist upon any of the parcels to be cleared. All improvements are to be demol- ished or dismantled on the site. Contract Documents, including drawings, technical drawings and forms are on file with the Direc- tor of Urban Renewal. EXHIBIT "B" INVITATION FOR BIDS Demolition Contract No. 2-68 The City of Dubuque, State of Iowa, will receive sealed propos- als for Demolition of buildings and structures and Site Clearance for the Downtown Urban Renewal Project, Iowa R-15, until 10 Copies of the Contract Docu- ments may be obtained by depos- iting $10.00 with the Director of Urban Renewal, 455 Fischer Build- ing, Dubuque, Iowa, for each set of documents so obtained. Each deposit will be refunded if the documents are returned in good condition within 10 days after bid opening. A certified check or bank draft, payable to the order of the City of Dubuque negotiable U.S. Gov- ernment bonds, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the estimated cost of Demolition and Site Clearance exclusive of any deductions for salvage, shall be submitted with each bid. The successful Bidder will be re- quired to furnish and pay for sat- isfactory performance and pay- ment bond or bonds. Attention is called to the fact that not less than the minimum salareis and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that em- ployees and applicants for employ- ment are not discriminated against because of their race, creed, color, or national origin. The City of Dubuque reserves the right to reject any or all Bids or to waive any informalities in the. bidding. Bids may be held by the City of Dubuque for a period not to exceed thirty (30) days from the date of the opening of Bids for the purpose of reviewing the Bids 290 Special Session, May 29, 1968 and investigating the qualifica- tions of the Bidders, prior to awarding of the Contract. Date: May 29, 1968. CITY OF DUBUQUE Leo F. Frommelt City Clerk RESOLUTION NO. 24368 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes and Cigarette Papers within` said City. Nelson Norwood, Bunker Hill Golf Course BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Pasesd, adopted and approved this 29th day of May, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution, Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Councilman Pregler moved that the Mayor and Manager arrange a meeting between the Council, Rec- reation Commission and the Citi- zens Advisory Commission to dis- cuss proposed increase in swim- ming pool rates and also the in- crease of softball sponsor fees. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Councilman Meyers, Preg- ler, Schultz. Nays ---Mayor McCauley. Absent—Councilman Couchman. There being no further business Councilman Meyers moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Leo F. Frommelt City Clerk Approved u�;uS 1.. 121988. Adopted ..A-u-gu- t 12 1988. r ............................................ .... ........... _................. Councilmen Att 4,.`... City Clerk Regular Session, June 3, 1968 291 CITY COUNCIL OFFICIAL Regular Session, June 3, 1968. Council met at 7:30 P.M. (D.S.T.) Present—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council for the purpose of acting upon such business as may properly come before the. meeting. Communication of Durrant, Dein- inger, Dommer, Kramer, Gordon Architects submitting a report on the completion and total cost of constructing Fire Station No. 2 on J.F.K. Road, presented and read. Councilman Schultz moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. May 28, 1968 To the Honorable Mayor and Members of the City Council Gentlemen: We herewith submit the cost of conducting the Gas Franchise Elec- tion for the Peoples Natural Gas which was held on April 9, 1968. Date Expended Warrant No. 3.29-68, 1119, Postage .60 4.9.68, 1223, Postage 15.72 4.12.68, 1376, C. F. Cody Co., Stamps, etc. 59.88 4.17.68, 1487, Wahlert High Bldg. Rental 25.00 4.17.68, 1488, Holy Ghost— Bldg, Rental 25.00 4-17.68, 1489-1569, Election workers wages 1,147.50 4-1968, 1577, Postage 5.28 4.19.68, 1632, TelGraphicg-- Printing ballots, returns, etc. 459.40 4-30-ti8, 1673, Dubuque Com- munity School District— custodian wages 43.55 4-30-68,5095, Payroll Street Dept.—Haul machines 91.48 5-7-68, 1807, Leo F. Bly Lumber Co., masonite 10.56 5-14-68, 1979, TelGraphics— Addnl, absent voter bal- lots printing 28.20 5.15-68, 2045, Telegraph Herald—Notices, Prtg. Ballot, Proclamation Ord- inance 710.58 Total $2,522.75 Respectfully submitted, Leo F. Frommelt, City Clerk Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. May 31, 1968 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance ex- aminations on April 11, 1968, for those seeking appointment to the FIRE department. The following named person passed both the written and physi- cal examination and is hereby cer- tified for appointment, to the FIRE DEPARTMENT. Kuntz, Gerald W. 89.170/c Respectfully submitted, Gerard B. Noonan, Chairman Louis F. Fautsch LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt, City Clerk Subscribed and sworn to before me this 31st day of May, 1968. Eugene J. Berens, Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Councilman Walter A. Pregler submitting a prospectus on a proposed curfew, 292 Regular Session, June 3, 1988 presented and read. Councilman Meyers moved that the communica- tion and prospectus be referred to the Council for consideration at a meeting to be held on Friday evening, June 7, 1968 at 7 P.M. Seconded by Councilman Couch- man. Carried by the followingvote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Delos A. Dor. weiler objecting to a water drain- age problem abutting his property at 2105 J. F. Kennedy Road, pre- sented and read. Mayor McCauley moved that the communication be referred to the City Manager. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Board of Re. view commenting on the urgent need for the accurate and equit- able assessment of real estate in the City and requesting that the City of Dubuque Conference Board contract with a firm of real estate appraisers to prepare up-to-date fair assessment on all City proper- ties, presented and read. Mayor McCauley moved to refer the com- munication to the Council. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. June 3, 1968 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same. June 3, 1968 To the Honorable Mayor and City Council Gentlemen: I am returning to you petitions for two hour parking zones on Rosedale and West Fifth. The Traffic Committee reviewed the parking situation at these lo- cations and it is recommended that the petitions be granted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- PUBLIC OFFICIAL BOND William A. Conzett, Western Sure- ty Company COMPREHENSIVE LIABILITY Fischer & Company, Inc., etal., Bi- tuminous Casualty Corporation Fondell & Sons, Inc., Bituminous Casualty Corporation SIDEWALK James G. Becker, Western Surety Company Concrete Builders, Iowa Surety Company Ken Palm Construction, Merchants Mutual Bonding Company James J. Scholl, Merchants Mutual Bonding Company Kenneth Schromen, The Ohio Cas- ualty Insurance Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved fil- ing approval of bonds and policies subject to approval of the City At- torney. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. June 3, 1968 Honorable Mayor and Members of the City Council Gentlemen: Attached hereto is a contract with the Iowa State Highway Com- mission for Primary Road Exten. sions Maintenance. This covers ex- tensions of primary roads within the City for the period of July 1, 1968 to June 30, 1969, for a total amount of $3,160. I hereby request authority to sign said contract in behalf of the City. Respectfully requested, Gilbert D. Chavenelle City Manager Regular Session, June 3, 1968 293 Councilman Meyers moved that request be granted and the Man- ager sign the contract. Seconded byCouncilman Couchman. Carried by the following vote: Ycas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. June 3, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Treasurer, Wa- ter Department and Acting City Auditor, as well as a list of claims and payrolls for the month of April 1968. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of statement of receipts and a list of claims for which warrants were issued dur- ing the month of April 1968, pre- sented and read. Councilman Couchman moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. May 29, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hearing on u proposal to reclassi- fy from Multiple Residence to Sin- gle Family Residence property lo- cated in Blocks 13, 14, & 15 of Key Knolls Subdivision. At the public hearing, it was Pointed out that the Multiple Resi- dence zoning classification was put on this property prior to any de- velopment taking place in the area and was part of a plan for the en- tire Subdivision. It was also point- ed out that the majority of the property in question has been de- veloped for Single Family Resi- dences and that deed restrictions limit the use of these properties to Single Family dwellings. It was the opinion of the Commission that the original zoning plan for the area is still appropriate and that no change should be made in it. It is the recommendation of the Planning and Zoning Commission that this petitionas submitted, be denied. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Mayor McCauley moved that the recommendation of the Planning & Zoning Commission be ap- proved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. May 29, 1968 Honorable Mayor and Council Members Gentlemen: The Planning and Zoning Com- mission has held a public hear- ing on a proposal to reclassify property located in the northwest quadrant of Kennedy and Asbury Road intersection. The proposal is as follows: that lot 8 and and lot 9 of Block 1 Sunset Park Subdivision No. 1 be reclassified from Single Fam- ily Residence to Multiple Res. District on the zoning map. that lot 1 of lot 3, lot i of lot 4 and all but the southerly 120 feet of lot 2 of lot 4 of John P. Mettels Subdivision No. 2 be re- classified from Single Family Res. to Multiple Family Resi- dence on the zoning map. that lot 3, lot 4, lot 2 of lot 5, lot 1 of lot 5, lot 2 of lot 6, lot 1 of lot 6, lot 2 of lot 7 and lot I of lot 7, all in Block 3 of Jo- hansen Subdivision be reclassi- fied from Single Family Res. to Multiple Family Res. on the zon- ing map. that lot 2 of lot 3, lot 4 of lot 5, and lot 6 of Henry Zieglers Subdivision be reclassified from Single Family Res. to Local Busi- 294 Refiular Sessicm, june 3, 1968 ness "A" on the zoning map. that the southerly 120 feet of lot 2 of lot 4 of the John P. Mettels Subdivision No. 2 be re. classified from Single Family Res. to Local Business "B". that lot 1 of lot 3, lot 2 of lot 1 of the Henry Zieglers Subdivi- sion be reclassified from Single Family Residence to Local Busi- ness "B" on the zoning map. A map is attached which shows how the property is proposed to be classified. All of the property in question has access to either Kennedy or Asbury Road and does not have di- rect access to any residential streets. Because of the traffic an- ticipated on Asbury Rd. and Ken- nedy Rd., the sites are not for Single Family frontage. The sub- division to the north and to the east have been laid out so that all residential property is either back on to this proposed commer- cial and multiple district or back on to Kennedy Road. The Single Family properties in the subdivi- sion to the north would back on to multiple residential develop- ment and the multiple develop- ment would abut the commercial district thus providing a logical transition in zoning. At the pres- ent time the area proposed to be classified Multiple Residence is occupied by three single family residences. The area proposed to be classified Local Business "A" is occupied by an office building and parking area. The area pro- posed to be classified Local Busi- ness "B" is occupied by a gasoline service station and an animal clin- ic. It is the recommendation of the Planning and Zoning Commission that this proposal be adopted. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Councilman Pregler moved that the communication be referred to the City Solicitor for proper pro- ceedings. Seconded by Council. man Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. May 31. 1968 Honorable Mayor and City Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a pro- posal to reclassify property at 1375 Locust Street from multiple resi- dence to Local Business classifica- tion. This property is occupied by the Ryan Mansion. It was the opinion of the Com- mission that the request as submit- ted would constitute spot zoning and for this reason no public hear- ing was scheduled. An attached map indicates the location of the proposal and the zoning districts around it. It was also the opinion of the Commis- sion that this was not an appropri- ate area in which to expand the Business District. The General Development Plan envisions this area as a high dens- ity multiple residence area. It is the recommendation of the Commission that no change be made in the General Development Plan for this area and the proposal as submitted be denied. Respectfully submitted, City Planning & Zoning Commission Don Gilson, Director of Planning Mayor McCauley moved that the recommendation of the Commis- sion be referred back to them for further consideration. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Thomas G. Schrup, attorney for Robert A. Sullivan, requesting amendment to the original petition of rezoning on the Ryan property at 1375 Locust Street, in the light of a special use permit and further request- ing that the matter be referred back to the Planning & Zoning Commission to consider the rezon. ing as contemplated under the re- vised Zoning Ordinances to be later proposed to the Council. May- or McCauley moved that the COm- munication be referred to the Plan ning & Zoning Commission. Sec- onded by Councilman Couchman. Carried by the following vote: Regular Session, June 3, 1986 295 Yeas—Mayor McCauley, Council- f men Couchman, Meyers, Pregler, Schultz. Nays --None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Cojncil if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Attorney Tom Schrup spoke in defense of his petition relative to re -consideration of a special use permit of the Ryan property at 1375 Locust Street, in the light of proposed Ordinances to be sub- mitted in the near future. The property could be made available to the public and the City for pri- vate tours, use by private groups, antique dealers and collectors. Notice of claim of Erwin N. Kaiser of 99 Gandolfo Street, in the amount of $60. for damage incur- red as the result of a backed -up sanitary sewer into his home on May 3, 1968, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Notice of claim of Mrs. Henry Herrmann of 1871 N. Main St. in the amount of $5000. for personal injuries received in a fall on a defective sidewalk on Heeb Street on April 30, 1968, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couclunan, Meyers, Pregler, Schultz. Nays—None. Notice from Clerk of U.S. Dis. trict of Iowa of a proposed civil action against asphalt and oil com- panies to recover damages by cities and towns for damage received from violations of an act to pro- tect Trade and Commerce against unlawful restraint and monopolies, presented and read. Mayor McCau- ley moved that the notice be refer. red to the City Attorney and after the City Attorney advised the Council as to proposed procedure in the handling of the case Mayor McCauley further moved approval of the City Attorney's recommenda- tion. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman. Meyers, Pregler, Schultz. Nays—None. June 3, 1968 Hon. Mayor & City Council Re: Ruth J. Lambert, Plaintiff vs. City of Dubuque, Iowa, Clin-Que, Inc., and The Wallis Company Law No. 38266 Gentlemen: On February 14, 1968, notice of suit with petition attached of Ruth J. Lambert, plaintiff vs. City of Dubuque, Iowa, Clin-Que, Inc., and The Wallis Company, being Law No. 38266, was served on the said City of Dubuque, which ac- tion was filed in the District Court of Iowa in and for Dubuque Coun- ty, claiming damages against the defendants in the amount of $75,000.00 for injuries allegedly received by the plaintiff as a re- sult of a defective sidewalk abut- ting 1850 Ellis Street, Dubuque, Iowa, by reason of accumulation of ice and snow thereon and which injuries occurred on February 12, 1967. The said petition was referred to the City Solicitor on February 26, 1968 and that appropriate de- fenseso and cross petitions against the other defendants were filed by the City of Dubuque. That as a result of said alleged fall and injuries the plaintiff suf- fered a fractured hip which re- quired surgery and the insertion of an orthopedic pin and that plaintiff suffered damages as the result of said injuries consisting of medical and hospital expenses, drugs, loss of wages, all of which are in excess of $6000.00. That the matter was scheduled for trial on the 15th day of May 1968 and that prior thereto plain- tiff made an offerof settlement in the amount of $15,000.00, and that 296 Regular Session, Jime. 3, 1968 the City, through its City Attor- ney, agreed to contribute the amount of $5.000.00 toward the settlement which in the opinion of the City Attorney should be ap- proved. In view of budgetary status and in view of the existing law in the State of Iowa, it is recommended that the City Attorney be author- ized and empowered to confess judgment in the sum of $5,000.00 in favor of Clin-Que, Inc. and The Wallis Company, and that the amount of said judgment together with the legal rate of interest be budgeted for the fiscal year com- mencing January 1, 1969. Appro- priate resolution is attached here- to. Copy of original notice with pe- tition attached is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved that the recommendation of the City Attorney be approved. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 24468 WHEREAS, on February 14, 1968, notice of suit with petition attached, was served on the City of Dubuque, Iowa, claiming of the City of Dubuque, Iowa, by the plaintiff therein, Ruth J. Lambert, against the City of Dubuque, Iowa, Clin-Que, Inc., and The Wallis Company, the sum of $75,000.00 for personal injuries allegedly suffered on February 12, 1967 as a result of a fall on a public side- walk abutting 1550 Ellis Street, Dubuque, Iowa; and WHEREAS, the plaintiff has made an offer of settlement in the amount of $15,000.00 plus costs of which settlement amount the City of Dubuque is required to contribute the sum of $5,000.00; and WHEREAS, the City Attorney, R. N. Russo, should be authorized, empowered and directed to con. fess judgment in favor of Clin-Que, Inc. and The Wallis Company igainst the City of Dubuque, Iowa Is the agreed amount of contribu. ion toward said settlement of ;15,000.00. NOW THEREFORE Be It Re- ;olved by the City Council of the ,ity of Dubuque, Iowa: Section 1. That the offer of set. !lement of Ruth J. Lambert, plain. tiff, against City of Dubuque, Iowa, Clin-Que, Inc. and The Wallis Com- pany, defendants, in the amount Df $15,000.00 be and the same is hereby approved and accepted to the extent of the City's contribu- tion thereto in the amount of $5,000.00, plus one-half the share of the court costs. Section 2. That the City Attor- ney be and he is hereby author- ized, empowered and directed to confess judgment in the sum of $5,000.00 in favor of Clin-Que, Inc., an Iowa Corporation, and The Wallis Company, an Iowa Corpora- tion against the City of Dubuque by way of agreed contribution by the City of Dubuque, Iowa toward said settlement and the said City Attorney, R. N. Russo, be and he is hereby authorized, empowered and directed to do any and all things necessary and incidental thereto and that the copy of the form of the Confession of Judg- ment in said cause, marked Exhib- it "A" is attached hereto and by reference made a part hereof be and the same is hereby approved. Section 3. That the City Auditor be and he is hereby directed to draw payable to the Clerk of the District Court in and for Dubuque County, Iowa, in the amount of $5,000.00 plus interest at five (5) percent from the date judgment is confessed and transmit the same to the City Attorney for de- livery upon receipt of Dismissal With Prejudice of said cause by the plaintiff and dismissal of the cross -petition by Clin-Que, Inc. and The Wallis Company against the City of Dubuque, Iowa. Section 4. That the City Attor- ney be and he is hereby author- ized, empowered and directed to dismiss the cross -petition of the City of Dubuque, Iowa against Clin-Que, Inc. and The Wallis Company. Section S. That the City of Du. buque, Iowa, by the approval and Regular Session, Jlme 3, 1968 297 adoption of this Resolution hereby waives any and all claims which the City of Dubuque, Iowa may have against Clin-Que, Inc. and The Wallis Company in any way arising out of the said fall of Ruth J. Lambert occurring on February 12, 1967, Section 6. That the actions of the City Attorney, R. N. Russo, herein in all respects' is hereby ratified and confirmed. approved Passed, adopted and app this 3rd day Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord At. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, COun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing on Ordinance No. 23.68 proposed to amend the Zon- ing Ordinance No. 3-34 so as to change the Wly 100' of Beatrice Foods Place and Wly 100' of south 50' of Lot 6, Wly 100' of N. % of Lot 5, the Wly 100' of south % of Lot 5, Wly 100' of I.ot 4A, Wly 100' of north % of Lot 4, Wly 100' of S% of Lot 4 all in L. H. Langworthy Subdivision from Mul- tiple Family Residence District Classification to Business District Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays.—None. ORDINANCE NO. 23.68 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Multiple Family Residence District" Classification to "Busi- ness District" classification, said Ordinance having been prey iously presented and read at the Council meeting of April 22, 1968, presented for Final Adoption. ORDINANCE NO. 1168 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3.34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM 'MULTIPLE FAM. ILY RESIDENCE DISTRICT" CLASSI. FICATION TO "BUSINESS DISTRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same Is hereby amended by changing from "Multiple Family Resi- dence District" Classification to "Busi- ness District" Classification, the follow - Ing described real estate, to -wit: The westerly 100 feet of the Beatrice Foods Place and the westerly 100 feet of the south 50 feet of Lot 6, the westerly 100 feet of the north 26 of Lot 5, the westerly 100 feet of the south 'a of Lot 5, the westerly 100 feet of Lot 4A, the westerly 100 feet of the north 42 of Lot 4, the west. erly 100 feet of the south l9 of Lot 4,all In the L. H. Langworthv Sub. division In the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day o1 June, 1968. SYLVESTER McCAULEY, Mayor WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHCAN ouncilmen Attest: Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 6th day of June 1968. LEO F. FROMMELT It. 6/6 City Clerk Councilman Schultz moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider adoption of Ordinance No. 24.68 being a pro. posed Ordinance to amend the Zon- ing Ordinance No. 3-34 so as to change Lot 2 of Lot 2 of Nth of SEUa and Lot 2 of the Subdivision of Ni-� of SEI/4 Sec. 34 all in Twp. 89 R. 2 E 5th P.M. from Single Family Residence District Classifi- cation, presented and read. No written objections were filed and no oral objectors were present in the Council Chambers at the 298 Regular Session, June 3, 1968 time set, for the public hearing. Councilman Schultz moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 24-68 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from Single Family Residence District Classification to "Mul- tiple Family Residence District." Classification , said Ordinance having been pre- viously presented and read at the Council meeting of April 22, 1968, presented for Final adoption. ORDINANCE NO. 24-66 RDINANCE AMENDING AND ING ORDINANCE NO. 3-34 AS THE ZONING MAP AND ORDINANCE OF THE CITY IBUQUE SO AS TO CHANGE iN PROPERTY HEREINAFTER BED FROM "SINGLE FAMILY :NCE DISTRICT" CLASSIFICA- 'O "MULTIPLE FAMILY RESI- DISTRICT" CLASSIFICATION. THEREFORE BE IT ORDAINED CITY COUNCIL OF THE CITY Section 1. That Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same Is hereby amended by changing from "Single Family Residence District" Classification to "Multiple Fam- Ily Residence District" Classification, the following described real estate, to -wit: Lot 2 of Lot 2 of the north one half of the southeast quarter of section 34 and Lot 2 of the subdivision of the north one half of the southeast quarter of section 34, all In Township 89, Range 2 East of the 5th P.M. In the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of June, 1968. SYLVESTER MCCAULEY, Mayor WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN Attest: Leo F. Frommelt Councilmen City Clerk Published officially in The Telegraph - Herald Newspaper this 6th day of June 1968. 11. 6/6 EEO Clerk ROMMELT Councilman Schultz moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on Ordinance No. 25-68 being a proposed Ordinance to amend Zoning Ordinance No. 3.34 0o as to change Lot 1 of the Sub. of Lot I of 2 of 9 of Sub. of M. L. 73; I.ot 2 of Sub. of Lot 1 of 2 Of 9 of Sub. of M. L. 73; and Lot 1 of Massey Heights Addn. from Two Family Residence District Classification to Multiple Family Residence District Classification, presented and read. No written objections were filed and no oral objectors• were present in the Council Chamber at the time set for the public hearing. Councilman Schultz moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 25-68 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed from Two Family Resi- dence District classification to Multiple Family Residence Dis- trict classification, said Ordinance having been previ- ously presented and read at the Council meeting of May 13, 1968, presented for Final Adoption. ORDINANCE NO. 25.68 RDINANCE AMENDING ING ORDINANCE NO. I AS THE ZONING MAP ORDINANCE OF THE JBUQUE SO AS TO CH IN PROPERTY HEREINA IBED FROM "TWO FF TION TO "MULTIPLE FAMILY REM- DENCE N. NOW THHEREFORE BE STI ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That Ordinance No 3-34 known ds the Zoning Map and Zoning Ordinance of the City of Dubuque. Iowa, be and the same is hereby amended by changing from "Two Family Resl. dence District" Classification to ''Mul- tiple Family Residence District' Classl- flcation, the following described real estate, to -wit: Lot 1 of Subdivision of Lot 1 of Lot 2 of Lot 9 of Subdivision of Minerel Lot 73; Lot 2 of Subdivision of Lot 1 of Lot 2 of Lot 9 SMineral Lot 73; andosion Lot Ib of Of Heights Addition In the City of Du- buque, Iowa. Passed, approved and adopted this 3rd day of June, 1968. SYLVESTER McCAULEY, Maya WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN CouncllmM Attest: Leo F. Frommelt City Clerk Published officially in TheTetegraph- Herald Newspaper this 6th day of June 1968. LEO F. FROMMELT I1. 6/6 City Clark Regular Session, June 3, 1968 299 Councilman Couchman moved final adoptionCol ncilmahe nr P ogler. Sb econded by Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, $ChU1tZ. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider adoption of Ordinance No. 26-68 being a proposed Ordinance to amend Ar- ticle IV Section 2 (h) of the Zon- ing Ordinance No. 3.34 so as in- clude Lot l of Sub. of Lot 1 of Lot 2 of Lot 9 of Sub. of M. L. 73; Lot 2 of Sub. of Lot 1 of 2 of 9 of Sub. of M. L. 73 and Lot 1 of Massey Heights Addn. in the City of Dubuque, in which professional offices or studios of a physician, dentist, architect, engineer, law- yer, realtor, insurance, musician or similar professions be permitted presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun' cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. ORDINANCE NO. 26.68 An Ordinance amending Ordi- nance No. 3.34 known as the Zoning Map and Zoning Ordi- nance of the City of Dubuque, Iowa, by amending Article IV, Section 2. (h) thereof to include certain described real estate in which professional offices or studios of a physician, dentist, architect, engineer, lawyer, real - for, insurance, musician or Simi- lar professions may be per- mitted, said Ordinance having been pre- viously press nted and read at the Council meeting of May 13, 1968, presented for Final Adoption. ORDINANCE NO. 26-41111 AN ORDINANCE AMENDING ORDI- NANCE NO. 3-34 KNOWN As THE ZONING MAP AND ZONING ORDI- NANCE OF THE CITY OF DUBUQUE, IOWA, BY AMENDING ARTICLE IV, SECTION 2. (h) THEREOF TO IN- CLUDE CERTAIN DESCRIBED REAL ESTATE IN WHICH PROFESSIONAL OFFICES OR STUDIOS OF A PHYSI- CIAN, DENTIST, ARCHITECT, ENGI- NEER, LAWYER, REALTOR, INSUR- ANCE, MUSICIAN OR SIMILAR PRO- FESSIONS MAY BE PERMITTED. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No 3.31 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same Is hereby amended by amending Article IV, Section 2. (h) thereof as follows: "ARTICLE IV. Section 2. (h) Professional offices or studios, of a physician, dentist, archi- tect, engineer, lawyer, realtor, Insurance, musician or similar professions within the follow - Ing described areas: Lot t of Subdivision of Lot 1 Lot of 2 of Lot 9 of Subdivision of Mineral Lot 73; Lot 2 of Subdivision o1 Lot 1 of Lot 2 of Lot 2 of Lot 9 of Subdivision Mineral Lot 73; and Lot 1 of Massey Heights Addition In the City of Dubuque, Iowa." Passed, adopted and approved this 3rd day of June, 1968. SYLVESTER McCAULEY, Mayor WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAIN Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 6th day of June, 1968. LEO F. FROMMELT City Clerk it. 6/6 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 30-68 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa,,, as amended, by repealing Subsection 12 of Section A of Schedule IV thereof which lim- ited the parking of motor vehi. cles from 9:00 A.M. to 6:00 P.M. on the north side of West Fifth Street from Bluff Street to a point 196 feet west; and enact- ing a new subsection 12 of sec• tion A of Schedule IV thereof to limit parking of motor vehi- cles on the north side of West Fifth Street from Bluff Street to a point 196 feet west; and the north side of West Fifth Street from Prospect Street to Need- ham Place, presented and read. Councilman Couchman moved that the reading just had be Con- sidered the first reading of the Ordinance. Seconded by Council- 300 Regular Session, June 3, 1968 man Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. 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 Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. ORDINANCE NO. 30-68 OAN1EAKNAORDI- MAoN(WN S THE FROM 9:00 A.M. TO 6:00 P.M. ON THL NORTH SIDE FROM 8 UFFOFSTREEETFITOHASTREET POINT 196 FEET WEST; AND ENACTING A NEW SUBSECTION 12 OF SECTION A OF SCHEDULE IV THEREOF TO LIMIT PARKING OF MOTOR VE- HICLES ON THE NORTH SIDE OF WEST FIFTH STREET FROM BLUFF STREET TO A POINT 196 FEET WEST; AND THE NORTH SIDE OF WEST FIFTH STREET FROM PROS- PECT STREET TO NEEDHAM PLACE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same is hereby amended by repealing subsection 12 of Section A of Schedule IV thereof and enacting a new subsection 12 of Section A of Schedule IV in lieu thereof as follows: "SCHEDULE IV. A. 12. The North side of West Fifth Street from Bluff Street to a Point 196 feet West thereof, and the North side of West Fifth Street from Prospect Street to Needham Place." Passed, adopted and approved this 3rd day of June, 1968. SYLVESTER McCAULEY, Maycr WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 6th day of June, 1968. LEO F. FROMMELT City Clerk it. 6/6 Councilman Couchman moved fi- nal adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 31.68 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub- section 1 of Section A of Sched. ule IV thereof, and enacting a new Subsection 1 of Section A of Schedule IV thereof to limit parking of motor vehicles on the east side of Main Street from Dodge Street north to a point 360 feet south of West First Street, presented and read. Councilman Couchman moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 31.68 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE 'TRAFFIC BODE OF DUBUQUE, 10- ,, n CA,nCn RV PFPFAI Mr. vNOW ?hEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the Traffic Code of Dubuque, Iowa" as amended be and the same is hereoy amended by repealing sub- section I of Section A of Schedule IV thereof and enacting a new sub- section 1 of Section A of Schedule IV in lieu thereof as follows: "SCHEDULE IV. A. 1. The East side of Main Street from Dodge Street North to a point 360 feet South of West First Street." Passed adopted and approved this 3rd day of Pune, 1968. SYLVESTER McCAULEY, Mayor WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M.000CHMAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Telegraph. Herald Newspaper this 6th day of June 1968. It. 6/6 LEOityFClerk MMELT Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays --None. Regular Session, Jame 3, 1968 301 ORDINANCE NO. 32-68 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new Subsection 10, and a new Sub- section 27 of Section A of Sched- ule IV to limit parking of Mo- tor Vehicles on streets herein- after designated, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas' — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. 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 Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays --None. ORDINANCE NO. 32.64 CLES bio STREETS HEREINAFTER DESIGNATED. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That Ordinance No. 33-A9 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is hereby amended by enacting a new subsection 10, and a new subsection 27 sf Section A of Schedule IV as follows: "SCHEDULE IV. A. 10. Both sides of Rosedale Avenue from North Grandvlew Avenue to t. Ambrose Street. 21. East side of James Street from Mazzucheill Heights to West 3rd Street. Passed, adopted and approved this 3rd day of June, 1968. SYLVESTER McCAULFY, Mayor WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCH AN Councilmen Attest: Leo F. Frommelt Clerk Published City In The Telegraph - Herald Newspaper this 6th day of June 1968, LEO F. FROMMELT 1t 6/6 City Clerk Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 33.68 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub- section 9 of Section A of Sched- ule IV thereof and enacting a new Subsection 9 of Section A of Schedule IV in lieu thereof to limit parking of motor vehi- cles on street hereinafter desig- nated, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 33.68 pNNO. 33-49 CE AKNOWNN ASORI- THE INEEY REEALOB DD,BTPINGSU SUB- . nr rrION A OF SCHED- =T HEREINAFTER LJr,W­­ —. NOW THEREFORE BE IT ORDAINED OF THE CITE, CIOWUN IL OF THE CITY DUBSection 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is hereby amended by repealing subsec- tion 9 of Section A of Schedule IV there - Section AnoftiSchedulewVsInslieuothereof 95 follows: "SCHEDULE IV. A. 9. From to C arke Drive." Passed, adopted and approved this 3rd day of June 1968. SYLVESTER McCAULEY, Mayor WALTER A. PREGLER DONALD R. MESCHYERS GAYLORD M. COUCCouncilmenA Attest: Leo F. Frommelt City Clerk Publlshed officially In The Telegraph - Herald Newspaper this 6th day of June 1968. LEO F. FROMMELT It. 6/6 City Clerk Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- 302 Regular Session, June 3, 1968 cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 34-68 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub- section 3 of Section 20.5 thereof and enacting a new Subsection 3 of Section 20.5 in lieu there- of, to regulate length of trucks, presented and read. Councilman Couchman moved that the reading just had be con- gidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. 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 Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 34.68 AN ORDINANCE AMENDING ORDI- NANCE NO. 33.49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA'' AS AMENDED, BY REPEALING SUB- SECTION 3 OF SECTION 20.5 THERE- OF AND ENACTING A NEW SUBSEC- TION 3 OF SECTION 20.5 IN LIEU THEREOF TO REGULATE LENGTH OF TRUCKS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Sectlon 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is hereby amended by repealing subsection 3 of Section 20.5 thereof and enacting a new subsection 3 of Section 20.5 In I I a u thereof as follows: "20.5 3. No combination of truck trac- tor and semi -trailer, nor any other combination of ve- hicles coupled together, un- laden or with a load, shall have an overall length, In. clusive of front and rear bumpers In excess of fifty- five feet." Passed, adopted and approved this 3rd day of June 1968, SYLVESTER MCCAULEY, Mayor WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN Attest: Leo F. Frommelt Councilmen City Clerk Published officially In The Telegraph - Herald Newspaper this 61h day of June 1968. it. 6/6 CEO ity Clerk OMMELT Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. ORDINANCE NO. 35.68 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sec. tion 17.16 and enacting a new Section 17.16 in lieu thereof quirements for single -beam headlights, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 35.68 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY REPEALING SEC- TION 17.16 AND ENACTING A NEW SECTION 17.16 IN LIEU THEREOF TO REGULATE AND ESTABLISH RE- QUIREMENTS F O R SINGLE -BEAM NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is hereby amended by repealing Section 17.16 thereof and enacting a new Section 17.16 in lieu thereof as follows: "17.16 Head lamps arranged to pro- vide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold prior to July 1, 1939, In lieu of multiple - beam road-Iightiny equipment herein specified if the single distribution of light complies with the following re- quirements and limitations. The head lamps shall be so aimed that when the vehicle Is not loaded none of the high-intensity portion of the light shall at a distance of twen- ty-five feet ahead project higher than alevel of five Inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches above the level on which the vehicle stands at a dis- tance of seventy-five feet ahead. The Intensity shall be sufficient to reveal persons and vehicles at a dis- tance of at least two hundred feet." Regular Session, June 3, 1968 303 pa sed,une June, and adopted this 3rd dOf ay SYLVESTER McCAULEY, Mayor MERLIN F. SCHULTZR DONALD R. MEYERS GAYLORD M. COUCHMAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 6th day of June 1968. LEO F. FROMMELT it. 6/6 City Clerk Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman 11'regler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 36-68 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new Section 3.11 thereof to provide for issuance of a special restrict- ed license and prohibiting the violation of the restriction im- posed in a restricted license, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. 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 Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 3"S AN ORDINANCE AMENDING ORDI- NANCE NO. 33.49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE. IOWA" AS AMENDED, BY ENACT- ING A NEW SECTION 3.11 THERETO TO PROVIDE FOR ISSUANCE OF A SPECIAL RESTRICTED LICENSE AND PROHIBITING THE VIOLATION OF THE RESTRICTION IMPOSED IN NOWRTHERIEFORELIBENITE ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA' le13 aicrleukownas the"TrafficCodeof Dubuque. Iowa" as amended, be and the same is hereby amended by enacting a new Section 3.11 thereto as follows: "3.11 The department of Public Safe- ty may either Issue a special restricted license or may set forth such restrictions upon the usual license form. It Is a misdemeanor for any person to operate a motor ve- hlc'e in any manner in viola• tion of the restrictions imposed In a restricted license issued to him." Passed, adopted and approved this 3rd days of June, 1968, Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Telegraph - Herald Newspaper this 7th day of June 1968. Leo F. Frommelt City Clerk 1Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 37.68 An Ordinance Amending Ordin- ance No. 3349 known as the "Traffic Code of Dubuque, Iowa," as amended, by repealing Section 14.8 thereof and enacting a new section 14.8 in lieu thereof to define duty of any driver or of any operator of a Motor Vehicle approaching a person wholly or partially blind, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 37.6111 A I. NANCE ORDINANCE NO3-49AMENDING ASOTHE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED, BY REPEAL- ING SECTION 14.8 THEREOF AND ENACTING A NEW SECTION 14.8 IN LIEU THEREOF TO DEFINE DUTY OF ANY DRIVER OR OF ANY OPER- ATOR OF A MOTOR VEHICLE AP- PRAORA�C LING BLPND SON WHOLLY OR NOW THEREFORE BE IT ORDAINED CITY TIOF DUBUQUE, OWA: THE 304 Regular Session, June 3, 1968 Section 1. That Ordinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is hereby amended by repealing Sectlon 14.8 thereof and enacting a new Sect on 14.8 In lieu thereof as follows: "14.8 Any driver of a vehicle or operator of a motor driven ve- hicle who approaches or comes In contact with a person wholly or partially blind carrying a cane or walking stick white In color or white tipped with red, or being led by a guide dog wearing a harness and walk. Ing on either side of or slight- ly In front of said blind Per. son, shall Immediately come to a complete stop, and take such precautions as may be necessary to avoid accident or Injury to the person carrying a cane or walking stick white In color or white tipped with red or being led by a guide dog." Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommlet City Clerk Published officially In the Telegraph - Herald Newspaper this 7th day of June 1968. Lao F. Frommelt City Clerk 1 t. 6-7 Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None, ORDINANCE NO. 38.68 An Ordinance Amending Ordin- ance No. 33-49 known as the "Traffic Code of Dubuque, Iowa," as Amended by Enacting a New Section 14.1 thereto to require drivers of Motor Vehicles to Yield the Right of Way to Pe- destrian Workers, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None, ING 0 I*] NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same Is hereby amended by enacting a new Section 141 thereto as follows: 14.1 Every driver of a vehicle shall yield the right of way to pedestrian workers engaged In maintenance or construction work on a street or highway whenever the driver Is notified of the presence of such workers by a flagman or a warning sign." Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Telegraph - Herald Newspaper this 7th day of June 1968. Leo F. Frommelt City Clerk 1 t. 6-7 Councilman Couchman moved final adoption of the .Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 39.68 An Ordinance Amending Ordin- ance No. 33-49 Known as the "Traffic Code of Dubuque, Iowa," as amended, by enacting a new Section 9.5 thereto to prohibit Drag Racing, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Regular Session, June 3, 1988 305 ORDINANCE No. 39.69 ERDNo. 33— 49 AMENDING AS OTHE =FIC CODE OF DUBUQUE, AS AMENDED, BY ENACTING :w tpCTION 9.5 THERETO TO T ORDAIN - IL OF THE "S'gction 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same is hereby amended by enacting a new sec- tion 9.5 thereto as follows: "9.5 No person shall engage In any mothibittiionvoficle speedeed on contest nye ex- hibition or highwayof this state and no Per- son shall aid or abet any motor ve- hicle speed contest or speed ex- hibition on any street or highway of this slate, except that a passenger shall not be considered as aiding or abetting. Motor vehicle speed contest or exhibition of speed are defined as one or more persons competing In speed in excess of the applicab:e speed limit In vehicles on the public streets or highways. Any person who violates the pro. visions of this section shall be guilty of drag racing and upon con- viction shall be punished by a fine of not more than One Hundred Dollars or by imprisonment in the County Jail for not more than thirty days." Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo ubliryryF. Frommelt PshleedkofflclaltY In The Telegraph - Herald Newspaper this 7th day of June 1968. Leo F. Frommelt City Clerk It. 6/7 Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 40.68 An Ordinance Amending Ordin- ance No. 37.65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing Section E of Section 5 thereof and Enacting a New Section E of Section 5 in lieu thereof to Limit Parking of Motor Vehicles on Streets hereinafter designat- ed, presented and read. Councilman Couchman moved 11 -hat the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lo%ving vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. NaYs—None. Councilman Couchman moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None, ORDINANCE NO. 40-68 AN ORDINANCE AMENDING, ORDIN. ANCE NO. 37-65 KNOWN AS THE EUUEBR1EANCOF ET DBQU,OWA"Y- PEALING SECTION E OF 6ECTION 5 THEREOF AND ENACTING A NEW SECTION E OF SECTION 5 IN LIEU THEREOF TO LIMIT PARKING OF MOTOR VEHICLES ON STREETS HEREINAFTER NTREORIGBEDNOW HEFEITORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 37-65 known as the "Street Parking Meter Ord- inance of Dubuque, Iowa," be and the same Is hereby amended by repealing Section E of Section 5 thereof and en. acting a new section E of Section 5 In lieu thereof as follows: "Section 5. E. Central Avenue, both sides between 3rd Street and 18th Street and the east side from East 181h Street to East 19th Street." Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Telegraph - Herald Newspaper this 7th day of June 1968. Leo F. Frommelt City Clerk. 1 t. 6.7 Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 41-68 An Ordinance amending Ordi- nance No. 3-49, known as the "Traffic Code of Dubuque, Iowa," as amended, by repealing Subsection 6 of Section A of Schedule IV thereof and enact. ing a new Subsection 6 of Sec- tion A of Schedule IV thereof in lieu thereof to limit parking of motor vehicles on streets herein. after designated, presented and read. Councilman Couchman moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, COun- 306 Regular Session, June 3, 1968 cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 41-68 ,N ORDINANCE AMENDING ORRI- CE NO. 33-49 KNOWN AS THE RAFFIC CODE OF DUBUQUE, NA," AS AMENDED, BY REPEAL - SUBSECTION 6 OF SECTION A SCHEDULE IV THEREOF AND ACTING A NEW SUBSECTION 6 SECTION A OF SCHEDULE IV EREOF IN LIEU THEREOF TO JIT PARKING OF MOTOR VE - _LES ON STREETS HEREINAFTER NOW -THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is hereby amended by repealing sub- section 6 of Section A of ScheduleIV thereof and enacting a new subsection 6 of Section A of Schedule IV in Ileu thereof as follows: "SCHEDULE IV. A. 6. West side of Central Avenue from East 18th Street to East 22nd Street, and the east side of Central Avenue from East 19th Street to East 24th Street." Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Don Id R. Meyers GaY10 rd M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Telegraph - Herald Newspaper this 7th day of June 1968. Leo F. Frommel, It 6.7 City Clerk. Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 42-68 An Ordinance Amending Ordin• ante No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new Section 11.3 thereto to regulate Operation of a Motor Vehicle in Reverse Gear, presented and read. Councilman Couchman moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol. lowing vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordin. ance to be read on three separate days be waived. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 42-68 AN ORDINANCE AMENDING ORDIN. ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED, BY ENACTING A NEW SECTION 11.3 THERETO TO REGULATE OPERATION OF A MOTOR VEHICLE IN REVERSE GEAR. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same is hereby amended by enacting a new Section 11.3 thereto, as follows: 11.3 No Person shall operate a ve- hicle on any street or highway In reverse gear unless and until such operation can be made with reason- able safety, and shall yield the right of way to any approaching vehicle on the street or highway or inter- secting street or highway thereto which is so close thereto as to con- stitute an Immediate hazard." Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Telegraph - Herald Newspaper this 7th day of June 1968. Leo F. Frommelt City Clerk. It. 6.7 Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 43-68 An Ordinance vacating certain portions of streets and alleys in the City of Dubuque, Iowa, (Du- buque Packing Co.) presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Regular Session, June 3, 1968 307 Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Schultz. Nays—None. ORDINANCE NO. 4S," AN ORDINANCE VACATING CERTAIN PORTIONS OF STREETS AND ALLEYS IN THE CITY OF DUBUQUE, IOWA. WHEREAS. the Dubuque Packing Company has petitioned the City Council for vacation of certain portions of streets and alleys in the City of Du- buque, Iowa, in order to develop the area by the construction of necessary expansion of its operation; and WHEREAS, the Planning 6 Zoning Commission of the City of Dubuque, Iowa, has recommended the vacation M said portions of streets and alleys in the City of Dubuque abutting the prem- ises of the Dubuque Pecking Company as said streets and portions of alleys are no longer for any public purpose. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That 18th Street from the south property line of Sycamore Street to the south property line of Lynn Street be and the same Is hereby va. cated. Section 2. That Lynn Street from the east propert; line of 18th Street to the west property line of 17th Street be and the same is hereby vacated. Section 3. That 17th Street from the north property line of Sycamore Street to the south property line of Lynn Street be and the same is hereby vacated. Section 4. That the alley abutting Lot 179 to 433 and Lot 488 to 464 Inclusive of East Dubuque No, 2, Dubuque, Iowa, be and the same is hereby vacated. Section S. That the vacation of the foregoing Portions of streets and alleys are sublect to existing utilities in place. Section 6. That the City Clerk be and he Is hereby authorizdd and directed to file a certified copy of this ordinance in the office of the County Recorder and In the office of the City Assessor_ Passed, approved and adopted this 3rd day of June, 1968. Sylvester McCauley Mayor Welter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest Leo F. Frommeit City Clerk Published officially in the Telegraph' Herald Newspaper this 7th day of June, 1968, Leo F. Frommelt It. 6/7 City Clerk Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 24568 WHEREAS, the Dubuque Pack- ing Company has heretofore peti- tioned the City Council to vacate certain portions of streets and al- leys in the City of Dubuque, lows as follows: a) The unvacated portion of 18th Street from Sycamore Street east- ward to Lynn Street; b) The unvacated portion of Lynn Street from 18th Street south to 17th Street; c) The unvacated portion of 17th Street from Sycamore Street to Lynn Street; d) The alley running north and south parallel to Sycamore Street between 17th Street and 18th Street; and WHEREAS, the City Council of City of Dubuque, Iowa, has vacated the above mentioned portions of streets and alleys; and WHEREAS, the Dubuque Pack- ing Company has offered to pur- chase said vacated portions of streets and alleys for the sum of Five Hundred ($500.00) Dollars in order to acquire said parcels of streets and alleys in order to pro- ceed with the plant expansion and development proposed by said Du. buque Packing Company: and WHEREAS, City of Dubuque deems it in the best public interest that the offer by the Dubuque Packing Company to purchase the foregoing mentioned portions of streets and alleys for the sum of $500.00 should be approved. NOW THEREFORE BE IT RE, SOLVED BY THE CrrY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the offer of Du- buque Packing Company to pur- chase the portion of vacated streets and alleys set forth in the pre- amble hereof for the sum of $500.00 be and the same is hereby approved upon the following terms and conditions: 1. No abstract of title shall be furnished. 2. That the conveyance of the above described portions of real estate shall be subject to existing easement for public utilities and City of Dubuque reserves any inter- est therein for City easements such as sanitary sewer, storm sewer, water mains or water lines. 3. That the costs of publication shall be borne by Dubuque Packing Company. Section 2. That the City Clerk be and he is hereby authorized and di. rected to publish notice of intent to dispose of interest In real es- tate as is by law required. 30S Regular Session, June 3, 1968 Passed, approved and adopted this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Mrs. Ray Brachman et al (2148 signatures) requesting that swimming pool rates remain at 100, presented and read. Coun- cilman Meyers moved that the petition be received and filed. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Dubuque Citi- zens Advisory Commission sub- mitting a resolution recommending that swimming pool rates be estab- lished at 200; Registration fee for beginners at $3.00 to $5.00; ad- vanced swimming lessons from 1$5.00 to $10.00, presented and read. Councilman Pregler moved that the communication be receiv- ed and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Recreation Director Richard Slat- tery revealed that there are ap- proximately 120,000 swimmers per year and 90,000 to 95,000 of that number are under 16 years of age. Mr. James Gruber of 1860 Bristol Drive, Mr. Art Fortman 91 Burns Street, Margaret Steichen all spoke against increased swimming pool rates. Recreation Director Slattery stated that at a meeting held by the Recreation Commission the following swimming pool rates were adopted; 15 years of age and under .150; 16 years of age and over .350; Registration fees for in- structional swimming lessons—Be- ginners and intermediates .50¢; Ad- vanced swimmers $1.00; Jr. Life Saving, Senior Life Saving, Diving, and Synchronized swimming all at $5.00. Councilman Couchman moved support of the Recreation Commis- sion and commended them on the thoughtful way they considered the demands of the citizens and the general public. Seconded by Mayor McCauley. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Pregler moved to re- impose the rules. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Dubuque Summer Festival Inc. requesting permission to conduct a parade on June 30, 1968, presented and read. Council- man Pregler moved that the peti- tion be referred to the Mayor and Manager. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of George W. Paisley requesting that his name be with- drawn from the list of written ob- jectors previously filed objecting to construction of City of Dubuque 1968 Concrete Curb & Gutter Proj- ect No. 1 and City of Dubuque 1968 Hot Mix -Hot Laid Asphaltic Paving Project No. 1, both on As- bury Road, presented and read. Councilman Pregler moved that the petition be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Hans A. Sack et al objecting to the proposed rezoning of Lot 2 of 13 and the Wly 60' of I.ot 1 of 14 of Summer Hill Addn. located next to 1655 S. Grandview Ave. as petitioned for by Mettel Realty & Investment Co., presented Regular Session, June 3, 1968 309 and read. Councilman Couchman moved that the petition be referred to the Planning & Zoning Com- mission because the original peti- tion is evidently in the hands of the Commission. Seconded by Coun- cilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Francis 14. Kieffer et al objecting to the proposed install- ation of a new sanitary sewer to service homes on Laurel Park Road and Mt. Carmel Road, pre- sented and read. Councilman Mey- ers moved that the petition be re- ferred to the City Manager and City Engineer. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays --None. Petition of Tri-State Antique and Classic Automobile Club Inc. requesting permission to conduct an advance ticket promotion on June 15th, in the area of 8th and Main Street, presented and read. Councilman Pregler moved that the petition be granted subject to approval of the Mayor and City Manager. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of K & K Heating Inc. requesting a refund in the amount of $16.00 on heating and air con- ditioning jobs and permits that were cancelled by the owner who decided to have another contractor do the work, presented and read. Councilman Schultz moved that the refund be granted and the Au- ditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following rote: Yeas — Mayor McCauley, Coun cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Raymond C. Kratz requesting a refund on the unex pired portion of Liquor License No. C-4261, in the amount of $375, as he has discontinued business on 4-29-68, presented and read. Coun- cilman Schultz moved that the re- fund be granted and the Auditor instructed to issue proper war- rant. Seconded by Councilman Pregler. Carried by the following vote: Was — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. Petition of Emil H. Koenig re- questing a refund on the unexpired portion of Liquor License No. C- 5319, in the amount of $250., as he has discontinued business on 4-29. 68, presented and read. Council. man Schultz moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Delbert Daugherty requesting a refund on the unex- pired portion of Liquor License No. C-4753, in the amount of $250. as he has discontinued business on 5-15-68, presented and read. Coun- cilman Schultz moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Delbert Daugherty requesting a refund on the unex- pired portion of Class B Beer li- cense No. 8, in the amount of $100. as he has discontinued busi- ness on 5-15-68, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. 310 Regular Session, June 3. 1968 May 29. 1968 Honorable Mayor and Council Members Gentlemen: On May 17th the City Planning and Toning Commission reviewed a final plat of Block 3 of River Front Subdivision No. 2. It was the opinion of the Commission that this Subdivision was an appropriate design for the area—that it met the minimum requirements of the Subdivision Regulations. It is the recommendation of the Planning and Zoning Commission that this plat be approved. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 246.68 WHEREAS, there has been pre- sented to the City Council of City of Dubuque, Iowa, a plat of sub- division of Block 3 in "Riverfront Subdivision No. 2" in the City of Dubuque, Iowa, bearing date of May 7, 1968 prepared by Carl F. Bartels, Licensed Professional Civ- il Engineer & Land Surveyor; and WHEREAS, the City Council of City of Dubuque, Iowa, finds that same conforms to all statutes and ordinances pertaining to the sub- division of real estate and ap- proves the same. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of Sub- division of Block 3 in "Riverfront Subdivision No. 2" in the City of Dubuque, Iowa, prepared by Carl F. Bartels, Licensed Professional Civil Engineer & Land Surveyor and bearing date of May 7, 1968, be and the same is hereby ap- proved and the Mayor and City Clerk be and they are hereby au. thorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby directed to cause said platto be recorded in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of June. 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt. City Clerk Councilman Schultz moved adop• tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 247.68 WHEREAS, there has been pre- sented to the City Council of the City of Dubuque, Iowa, a plat of Subdivision of Lot 1 of Block 3 in "Riverfront Subdivision No. 2" in the City of Dubuque, Iowa, bear- ing date of June 3, 1968, and pre- pared by John L. White, Profes- sional Engineer and Land Surveyor; and WHEREAS, the City Council of City of Dubuque, Iowa, finds that same conforms to all statutes and ordinances pertaining to the sub- division of real estate and ap- proves the same. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA - Section 1. That the plat of Sub- division of Lot 1 of Block 3 in "Riverfront Subdivision No. 2" in the City of Dubuque, Iowa, pre- pared by John L. White, Licensed Professional Civil Engineer & Land Surveyor and bearing date of June 3, 1968, be and the same is hereby approved and the Mayor and City Clerk be and they are hereby au- thorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby directed to cause said plat to be recorded in Regular Session, June 3, 1968 311. the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of Sylvester A McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 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 McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays.—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro- posal to dispose of Lot 1 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa to Gierke -Robinson Co. and Midwest Wheel and Rim Co. to be deeded to Glen E. Gierke and T. T. and Estelle Brafman, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Couchman moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 248-68 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspaper Of general circulation published in the City of Dubuque, Iowa, on May 10, 1968 and May 17, 1968, City Council of Dubuque, Iowa, met on the 3rd day of June, 1968, at 7:30 o'clock P.M. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to Lot 1 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, con- t a i n i n g approximately 64,000 square feet, more or less', in the City of Dubuque, Iowa, to Gierke. Robinson Co. and Midwest Wheel and Rim Co.: and WHEREAS, City Council of Du. buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of inter- est of City of Dubuque, Iowa, in the above described real estate to Gierke -Robinson Co. and Midwest Wheel and Rim Co.; and WHEREAS, the said parcel of real estate has been subdivided in- to two parcels of real estate as follows: Lot 1 of Lot 1 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, containing approximately 42,- 240 square feet, which shall be conveyed to Glen E. Gierke; and Lot 2 of Lot 1 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, containing approximately 21,- 760 square feet, which shall be conveyed to T. T. Brafman and Estelle Brafman as tenants in common. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Gierke -Robinson Co. and Midwest Wheel and Rim Co. covering the following de- scribed real estate, to -wit: Lot 1 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, containing approximately 64,000 square feet, more or less, for the total purchase price of $12,800. be and the same is hereby approved, subject to the following terms and conditions, to -wit: A. That said parcel of real es- tate described as Lot 1 of Lot 1 of Block 3 of Riverfront Subdivision No. 2 shall be conveyed to Glen E. Gierke, containing an area of ap- proximately 42,240 square feet for the construction of a new plant thereon; and the parcel of real estate described as Lot 2 of Lot 1 of Block 3 of Riverfront Subdi. vision No. 2 in the City of Du- 312 Regular Session, June 3, 19138 buque, Iowa, containing an area of approximately 21,760 square feet shall be conveyed to T. T. Brafman and Estelle Brafman as tenants in common, for the construction of a new plant thereon. B. That the sale of said real estate shall be for twenty (200) cents per square foot or a total purchase price of $12,800.00 and receipt of down payment thereon in the amount of $1,280.00 is here- with acknowledged; C. That construction of said re- spective new plants be started within one year of date of delivery of deed and shall be completed within two years of date of pur- chase and upon failure so to do by the purchasers, said real estate shall revert to the City of Dubuque, Iowa, and purchase price less dam- ages shall be refunded to the said purchasers; D. That the construction of all building, buildings, yards, parking lots and fences shall be construct- ed in conformance with existing City codes; E. Sale and conveyance shall be subject to existing easements in- cluding but not limited to ease- ment of Interstate Power Company of approximately 150 feet in width. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of con- veyance to Glen E. Gierke upon receipt of the total purchase price in the amount of $8,448.00 and he is hereby authorized and directed to deliver deed of conveyance to T. T. Brafman and Estelle Brafman upon receipt of the total purchase price in the amount of $4,352.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 3rd day of June, 1968, Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to dispose of Lot 2 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, to Ridge Motor and Machine Co. pre. sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas --Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 249.66 WHEREAS, pursuant, to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on May 10, 1968 and May 17, 1968, City Council of Dubuque, Iowa, met on the 3rd day of June, 1968, at 7:30 o'clock P.M. (Central Daylight Sav- ing Time) in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to Lot 2 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, containing approximately .85 acres to Ridge Motor and Machine Company; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Ridge Motor and Machine Com- pany. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Ridge Motor and Regular Session, June 3, 1968 31.3 Machine Company covering the following described real estate, to - wit: Lot 2 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, containing approximately .85 acres, for the total purchase price of $7,405.20, be and the same is here- by approved. subject to the follow- ing terms and conditions, to -wit: A. That said parcel of real es- tate be sold to Ridge Motor and Machine Company for the construc. tion of a new plant; B. That the sale of said real estate shall be for twenty (200) cents per square foot or a total purchase price of $7,405.20, and receipt of down payment thereon in the amount of $740.52 is here- with acknowledged; C. That construction of said plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchasers, said real estate shall revert to the City of Dubuque, Iowa, and purchase price less damages shall be refund- ed to the purchasers; D. That the construction of all building, buildings, yards, parking lots, fences shall be constructed in conformance with existing City codes; E. Sale shall be subject to exist- ing easements including but not limited to easement of Interstate Power Company of approximately 150 feet in width. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Ridge Motor and Machine Company upon receipt of total purchase price in the amount of $7,405.20. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald It. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second. ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider proposal to dispose of Lot 3 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa to Val - let Poultry Co., presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Couchman moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Mevers, Pregler, Schultz. Nays—None. RESOLUTION NO. 250.68 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on May 10, 1968 and May 17, 1968, City Council of Dubuque, Iowa, met on the 3rd day of June, 1968, at 7:30 o'clock P.M. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose: of interest of the City of Dubuque to Lot 3 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, contain- ing approximately 1.18 acres to Vallet Poultry Co.; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Val. let Poultry Co. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, 314 Regular Session, June 3, 1968 in real estate to Vallet. Poultry Co. covering the following described real estate, to -wit: Lot 3 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, containing approximately 1.18 acres, for the total purchase price of $10,280.00, be and the same is hereby approved, subject to the following terms and conditions, to - wit: A. That said parcel of real es- tate be sold to Vallet Poultry Co. for the construction of a new plant; B. That the sale of said real estate shall be for twenty (200) cents per square foot or a total purchase price of $10,280.00, and receipt of down payment thereon in the amount of $1,028.00 is here- with acknowledged; C. That construction of said plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchasers, said real estate shall revert to the City of Dubuque, Iowa, and pur- chase price less damages shall be refunded to the purchasers. D. That the construction of all building, buildings, yards, parking lots, fences' shall be constructed in conformance with existing City codes; E. Sale and conveyance shall be subject to existing easements in- cluding but not limited to ease- ment of Interstate Power Company of approximately 150 feet in width. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Vallet Poultry Co. upon receipt of total purchase price in the amount of $10,280.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop• tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas' — Mayor McCauley, Coun. cilmen Corchman, Meyers, Preg. ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider proposal to dispose of Lot 4 of Block 3 of Riverfront Subdivision No. 3 in the City of Dubuque, Iowa to Du- buque Holiday Sales Inc., present- ed and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION' NO. 251-68 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspa- per of general circulation pub- lished in the City of Dubuque, Iowa, on May 10, 1968 and May 17, 1968, City Council of Dubuque, Iowa, met on the 3rd day of June, 1968, at 7:30 o'clock P.M. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque to Lot 4 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, containing approximately .71 acres in the City of Dubuque, Iowa, to Dubuque Hol- iday Sales, Inc.; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Du- buque Holiday Sales, Inc. NOW THEREFORE Be It Re- solved by the City Council of City of Dubuque, Iowa: Section 1. That the disposal of Regular Session, June 3, 1968 315 interest of City of Dubuque, Iowa, in real estate to Dubuque holiday Sales, Inc. covering the following described real estate, to wit: Lot 4 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, containing ap- proximately .71 acres, for the total purchase price of $6,185.52, be and the same is here- by approved, subject to the fol- lowing terms and conditions, to wit: A. That said parcel of real estate be sold to Dubuque Holiday Sales, Inc. for the construction of a new plant; B. That the sale of said real e4 tate shall be for twenty (20Q) cents per square foot or a total purchase price of $6,185.52, and receipt of down payment thereon in the amount of $618.55 is herewith acknowledged; C. That construction of said plant be started within one: year of date of delivers- of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchasers, said real es- tate shall revert to the City of Dubuque, Iowa, and pur- chase price less damages shall be refunded to the purchasers. D. That the construction of all building, buildings, yards, parking lots, fences shall be constructed in conformance with existing City codes. E. Sale and conveyance shall be subject to existing easements. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Dubuque holiday Sales, Inc. upon receipt of total purchase price in the amount of $6,185.52. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—Nope. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider propos- al to dispose of Lot 5 of Block 3 of Riverfront Subdivision in the City of Dubuque, Iowa, to Black ik White Cab Co. with conveyance to be made to Joseph J. Even, pre- sented and read. No written objections were filed and no oral objectors were pres- ent at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 252.66 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on May 10, 1968 and May 17, 1968, City Council of Dubuque, Iowa, met on the 3rd day of June, 1968, at 7:30 o'clock P.M. (Central Daylight Sav- ing Time) in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to Lot 5 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, containing ap- proximately .98 acres in the city of Dubuque, Iowa, to Joseph J. Even; and WHEREAS, City Council of Du. buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of inter- est of City of Dubuque, Iowa, in the above described real estate to Joseph J. Even. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: 316 Regular Session, June 3, 1968 Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Black & White Cab Company for Joseph J. Even, covering the following described real estate, to wit: Lot 5 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, containing approximately .98 acres be and the same is hereby approv- ed upon the following terms and conditions: A. That said parcel of real estate be sold to Black & White Cab Company of Dubuque, Iowa, for Joseph J. Even, for the construc- tion of a new building; B. That the sale of said real estate shall be for twenty (20¢) cents per square foot or a total purchase price of $8,537.76, and receipt of down payment thereon in the amount of $853.77 is here- with acknowledged; C. That construction of said building be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchaser, said real estate shall revert to the City of Dubuque, Iowa, and pur- chase price less damages shall be refunded to the purchaser. D. That the construction of all building, buildings, yards, parking lots, fences shall be constructed in conformance with existing City codes. E. Sale and conveyance shall be subject to existing easements. F. Conveyance shall be made to Joseph J. Even. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Joseph J. Even upon receipt of total purchase price in the amount of $8,537.76. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchmar Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider proposal to dispose of Lot. 2 of Lot 1 of Block 6 and Lot 2 of Block 5 of Riverfront Subdivision No. 3, in the City of Dubuque, Iowa to Du- buque Industrial Development Corporation, presented and read. No written objections were fil- ed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Couchman moved that the proof of publication be received and filed. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 253-68 WHEREAS, pursuant to reso- lution of published notice of time and place of hearing published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on May 10, 1968 and May 17, 1968, City Council of Dubuque, Iowa, met on the 3rd day of June, 1968, at 7:30 o'clock P.M. (Central Daylight Sav- ing Time, in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to Lot 2 of Lot 1 of Block 6 of Riverfront Subdivision No. 3 and Lot 2 of Block 5 of Riverfront Sub- division No. 3 in the City of Du- buque, Iowa, containing approxi- mately four acres, to Dubuque In- dustrial Development Corporation; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Du- Regular Session, June 3, 1918 317 b u q u e, Industrial Development Corporation. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Dubuque Indus. trial Development Corporation cov- ering the following described real estate, to wit: Lot 2 of Lot 1 of Block 6 of Riverfront Subdivision No. 3 and Lot 2 of Block 5 of River - front Subdivision No. 3 in the City of Dubuque, Iowa, con- taining approximately four acres, for the total purchase price of $20,000.00, be and the same is hereby approved, subject to the following terms and conditions, to wit: A. That said parcel of real estate be sold to Dubuque Industrial De- velopment Corporation for the con- struction of a new plant; B. That the sale of said real es- tate shall be at the rate of Five Thousand ($5,000.00) Dollars per acre or a total purchase price of $20,000.00, and receipt of down payment of $2,000.00 is herewith acknowledged; C. That construction of said plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchasers, said real es. tate shall revert to the City of Dubuque, Iowa and purchase price less damages shall be refunded to the purchasers; D. That the construction of all building, buildings, yards, parking lots, fence's shall be constructed in conformance with existing City codes. E. That the Dubuque Industrial Development Corporation shall have the right of first refusal to Purchase an additional three acres lying immediately north and adja- cent to the tract of land herein. above described, at a price equiva- lent to the same price as contem- plated in the sale of said premises to any other purchaser and upon the same terms and conditions as hereinabove set forth in A., C. and E. above. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Dubuque Indus. trial Development Corporation up- on receipt of total purchase price in the amount of $20,000.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 25468 WHEREAS, pursuant to nego- tiations between City of Dubuque, Iowa, and Illinois Central Railroad Company for acquisition by the City of Dubuque, Iowa, of a per - cel of real estate of approximately 9.3 acres, more or less, Illinois Central Railroad Company has de- livered a Specil Warranty Deed dated May 17, 1968, to City of Du- buque, Iowa, conveying said real estate: and WHEREAS, delivery of said Spe- cial Warranty Deed should be ac- cepted by the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That delivery of a Special Warranty Deed by Illinois Central Railroad Company to City of Dubuque, Iowa, dated May 17, 1968 conveying the following de- scribed real estate: A parcel of land being a part of Lot 1 of Subdivision of Lot 1 of the Northeast Fractional Quarter of the: Northwest Quar- ter of Section 6, Township 88 North, Range 3 East of the Fifth Principal Meridian, near Du- 318 Regular Sessinn, June 3, 1968 buque, Iowa, more particularly described as follows: Beginning at a point on the west line of said Lot at a point which is 50 €eet northerly of the Illinois Central Railroad Com- pany's centerline of main track, as measured at a right angle thereto; thence easterly parallel with and 50 feet northerly from said centerline a distance of 718.95 feet, as measured along said cen- terline to the east line of said Lot; thence northerly along said Lot line to the south line of easement granted by the Illi- nois Central Railroad Company to Dubuque County dated Febru- ary 2, 1948; thence westerly along said south line of roadway easement to the west line of said Lot; thence south along said west Lot line to the point of begin- ning, containing an area of 9.3 acres, more or less, be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to record said Special Warranty Deed dated May 17, 1968, in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of June, A.D., 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers adoption of this resolution. Seconded by Coun. cilman Couchman. Carried by the following vote: Yeas — Mayor McCouley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 255.68 Resolution approving the plat of the Subdivision of Lot 2 of Lot 2 and Lot 2 of Lot 1 of Lot 2 and Lot 1 of Lot 1 of Lot 2 of Clin• Quo, Inc. Addition in Section 28, Township 89 North, Range 2 East of the 5th RK, Dubuque County, Iowa; and the Subdivi- sion of Lot 1 of Lot I of Lot 1 of Lot I of Hawkeye Stock Farm, Section 27 and 28, Dubuque Township, City of Dubuque, Iowa. WHEREAS, there has been filed with the Clerk of the City of Du- buque, Iowa, a Plat of the Subdivi- sion of Lot 2 of Lot 2 and Lot 2 of Lot 1 of Lot 2, and Lot 1 of Lot 1 of Lot 2 of Clin-Que, Inc. Addition in Section 28, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm, Section 27 and 28, Dubuque Township, City of Dubuque, Iowa. by Romac, Inc., The Kennedy Mall, Inc. and Clin-Que, Inc., as owners thereof; and WHEREAS, said Plat has been examined by the Dubuque Plan- ning & Zoning Commission and approved by said body; and WHEREAS, the Dubuque Plan- ning & Zoning Commission has recommended the approval of said Plat by the City Council of the City of Dubuque. Iowa; and WHEREAS, upon said Plat ap- pears a street which the owners have dedicated to the public for street purposes; and WHEREAS, said Plat has been found by the City Council of the City of Dubuque, Iowa, to conform to the statutes and ordinances re- lating thereto; NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: 1. That the Plat of Subdivision of Lot 2 of Lot 2 and Lot 2 of Lot 1 of Lot 2, and Lot 1 of I.ot 1 of Lot 2 of Clin-Que, Inc. Addition in Section 28, Township 89 North, Range 2 East of the 5th P.M., Du- buque County, Iowa; and the Sub- division of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm, Section 27 and 28, Dubuque Town- ship, City of Dubuque, Iowa, is hereby approved and the Mayor and Clerk are hereby authorized and directed to endorse the ap• proval of the City of Dubuque upon said Plat. Passed, adopted and approved by Regiilar Session, June 3, 1968 319 recorded roll call vote this 3rd day of June, A.D.. 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz- Nays—None. chultzNays—None. May 29, 1968 Honorable Mayor and Council Members Gentlemen: On April 25th the City Planning and Zoning Commission reviewed a final plat of Hamblin Subdivi- sion No. 2. It was the opinion of the Commission that the street layout and lot arrangement was an appropriate design for this site and that the plat met the mini- mum requirements of the Subdi- vision Regulations. It is the recommendation of the Planning and Zoning Commission that this plat be approved. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Councilman Schultz moved that the communication be received and filed. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO, 256.68 Resolution approving the Plat of Hamblin Subdivision No. 2 in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Hamb- lin Subdivision No. 2 in the City of Dubuque, Iowa, by Charles L. Hamblin; and WHEREAS, upon said plat ap- pear streets to be known as 11amb- lin Court, together with certain public utility easements which the Owners by said plat have dedi. cated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and Whereas, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relat- in!! thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section 1. That the dedications of Hamblin Court, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; section 2. That the plat of Ham- blin Subdivision No. 2 in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Hamblin Court with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; d. To install storm sewers and catchbasins in accordance with plans submitted with the the plat- e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To construct the foregoing improvements in accordance with plans and specifications approved by the City Manag- er, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing improvements for a period of four (4) years from the date 320 Regular Session, June 3, 1968 of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Sub- divider, Charles L. Hamblin, as owner; L To construct said improve- ments, except sidewalks, prior to May 1, 1970, and to construct the sidewalks prior to May 1, 1972; and further provided that said Charles L. Hamblin, as owner of said Subdi- vision, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may be ac- ceptable to the City Manager. Section 3. That in the event Charles L. Hamblin shall fail to execute the acceptance and furnish the security provided for in Sec- tion 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 3rd day of June, A.D., 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 256-68 I, the undersigned Charles L. Hamblin, having read the terms and conditions of the foregoing RESOLUTION NO. 256-68 and be- ing familiar with the contents thereof, hereby accept the same and agree to perform the condi- tions required therein. Dated June 6, 1968. /s/ Charles L. Hamblin To Leo F. Frommelt: City Clerk. This is to certify that the secur- ity provided by the foreguing res. olution No. 256.68 has been fur- nished by the owner. Dated June 7, 1968. /s/ Gilbert D. Chavenelle City Manager Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz. Nays --None. RESOLUTION NO. 257.68 Authorizing the Condemnation of Certain Parcels of Real Estate in the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to such contract and to implement the Urban Renewal Plan for the Project. Area deems it necessary and in the public inter- est that the property hereinafter described be acquired; and WHEREAS, all attempts by the Department of Urban Renewal of the City of Dubuque to negotiate with the owners for the purchase of the following described property have failed; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA Section 1. That the following de- scribed real estate owned by the persons to indicated be and the same should be acquired to imple- ment the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15. Owner Property Description R & S Investment Corporation, Lot 252, Lot 252A, and I.ot 253, in the City of Dubuque, Iowa ac- cording to the United States Commissioners' Map thereof. (Parcel 4-1.) Section 2. That the Director of the Department of Urban Renewal for the City of Dubuque, Iowa, be and he is hereby directed to cause condemnation proceedings be instituted as is provided by law to acquire said real estate herein- before described, and the said Director of the Department of Urb- an Renewal is hereby authorized to do any and all things necessary and requisite to such condemnation proceedings. Regular Session, June 3, 1968 321 Passed. adopted and approved this 3rd day of June 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Nays ---Councilman Schultz. RESOLUTION NO. 258-68 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB Dubuque Golf & Country Club, 1800 Randall Place Knights of Columbus, 781 l.c,cust Street CLASS "B" BEER PERMIT Marco Giunta, 2022 Central Avenue Denise O'Neill, 55 locust Street Pete S. Sfikas & Gust Karigan, 401.405 Central Avenue Virginia Hos, 241 Main Street Frank & i'hyllis Licciardi, 869-871 Iowa Street Joseph L. Diener, 31 South Locust Street Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved ad- option of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 25968 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT PRIVATE CLUB Dubuque Golf & Country Club, 1800 Randall Place Knights of Columbus, 781 Locust Street CLASS "B" BEER PERMIT Marco Giunta, 2022 Central Avenue Denise O'Neill, 55 Locust Street Pete S. Sfikas & Gust Karigan, 401-405 Central Avenue Virginia Hos, 241 Main Street Frank & Phyllis Licciardi, 869-871 Iowa Street Joseph L. Diener, 31 South Locust Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 3rd day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. 322 Regular Session, June 3, 1968 RESOLUTION NO. 260.68 WHEREAS, applications for Liq. uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of t h e IOWA LIQUOR CONTROL ACT --CHAPTER 123—as amended by the 60th General Assembly, 1963. , CLASS "A" CLUB APPLICATION Dubuque Golf & Country Club, 1800 Randall Place CLASS "C" COMMERCIAL ESTABLISHMENT Riverside Bowl, Incorporated, 1860 Hawthorne Street Virginia Hos, 241 Main Street Joseph L. Diener, 31 South Locust Street Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councliman Meyers. Carried by the following vote: Peas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 261.68 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this` Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "A" CLUB APPLICATION Dubuque Golf & Country Club, 1800 Randall Place CLASS "C" COMMERCIAL ESTABLISHMENT Riverside Bowl, Incorporated, 1860 Hawthorne Street Virginia Hos, 241 Main Street Joseph L. Diener, 31 South Locust Street Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. There being no further business Councilman Schultz moved to ad- journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk ApprovedS8pt eMb er... 9,„1968 Adopted eP.t.QMJ?.-Q;V ... Va ....1868 r_ `"r -_„ la r.:, ............` ....... ...... �.... .....:......��..... ............. / .�..... Councilmen Attest.�........................ ..... ............„......... l / City Clerk Special Session, June 7, 1966 3233 CITY COUNCIL OFFICIAL Special Session, June 7, 1968. Council met at 7:00 P.M. (D.S.T.) Present—Mayor McCauley, Coun• Couchman, Meyers, l Schulhz. City Magibert D. Chavenelle. Mayor 3icCauley read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of accepting delivery of deeds and authorizing the condemnation of certain parcels ofUrban estate Renewal the Downtown Project Iowa R-15, and acting upon such other business as may prop- erly come before a Regular meet- ing of the City Council. RESOLUTION NO. 262.68 Accepting Delivery of Deeds fcr the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtou-n Urban Re- newal Project, Iowa R-15: and wflFitEAS, the City of Du- buque, pursuant to authorization and direction of said Loan and Capital Grant Contract, has ac- quired for the public purpose of implementing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase. now therefore BE IT RESOLVED BY THE Crit COUNCIL OF THE CITY Of DUBUQUE, IOWA: Section 1. That delivery of deeds to the City od Dubuque for the following described parcels of real estate in the Downtown Urban Renewal Project. Iowa R-15 is hereby ratified and accepted by the City of Dubuque. GRANTOR Charles H. Rhomberg and Mildred X. Rhomberg Deed dated May 15, 19%. Recorded in Brok 195, Page 487. PROPERTY DESCRIPTION I<,t 210 and W 211 In the Cit) Of Dubuque, lona, according to the United states Commissioners' Map of the Town (now City) of Dubuque. (Parcel 1-3). GRANTOR Jennie Peschang. Deed dated May 1, 1968. Recorded in Book 195, Page 398. PROPERTY DESCRIPTION The South One-half (,�) of Lot 251 in the Town (now City) of Dubuque, Iowa according to the United States Commissioners' Map thereof, (sometimes described as the South One-half (',/e) of the City Lot 251 in the City of Dubuque, Dubuque County, Iowa) (Parcel 4- 11). GRANTOR Meredith S. Armstrong and Arthur F. Armstrong. Deed dated May 1, 1968. Recorded Book 195, Page 599. First National Bank of Du- buque. Deed dated May 31, 1968. Recorded in Book 195. Page 596. PROPERTY DESCRIPTION Lot 177 and the northerly 27.60 feet of Lot 178 in the Town (now City of Dubuque, Iowa. according to the United States Commission. ers' Map thereof. (Parcel No. 8-4 GRANTOR Canfield Hotel. Inc- Deed dated May 16, 1968. Recorded in Book 195, Page 488. PROPERTY DESCRIPTION Lot 233 and the South (Southerly) 25 feet of Lot 232„ in the City of Dubuque, Iowa, according to the United States Comrr-issioners' Map of the Town (naw City, of Du- buque. Iowa. (Parcel No. 133;. GRANTOR James M. Gordon and Lorraine Gordon. Deed dated May 22. 1968,. Recorded in Book 195 Page .533 PROPERTY DESCRIPTION The North 'gird of Lr�t 88 in the City of Dubuque. I•rw _ ac- cording to the United States COM- mi&sioners' Map of the Tie 7f Dubuque, Iona. (Parcel 1510;. Section 2. 'Ibat the recording of the respective deeds of cuin+el a" of title in the ogcr od the li" corder in and for Dubu4w Ceaa ty Iowa, is hereby ratified- Section atifiedSection 3. Thai the CttY C krk be and he is hertby aetthorlod atad directed tr, f -le t OW Of d" Resolution in tlae atfiet of do Recorder to and W DWMW* Cauaty. Iowa 324 Special Session, June 7, 1968 Passed, approved and adopted this 7th day of .lune, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—Councilman Schultz. RESOLUTION NO. 263.68 Authorizing the Condemnation of Certain Parcels of Real Estate in the Downtown Urban Renewal Project, IOWA R -IS WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to such contract and to implement the Urban Renewal Plan for the Project Area deems it necessary and in the public interest that the property here- inafter described be acquired; and WHEREAS, all attempts by the Department of Urban Renewal of the City of Dubuque to negotiate with the owners for the purchase of the following described prop- erty have failed; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA Section 1. That the following described real estate owned by the persons so indicated to be and the same should be acquired to implement the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15. OWNER Andrew D. Karigan and Violet Karigan. PROPERTY DESCRIPTION Lot 176 in the City of Dubuque, Iowa, according to the United States Commissioners' Map there- of. (Parcel 5-9). Section 2. That the Director of the Department of Urban Renewal for the City of Dubuque, Iowa, be and he is hereby directed to cause condemnation proceedings be in. stituted as is provided by law to acquire said real estate hereinbe- fore described, and the said Diree. tor of the Department of Urban Renewal is hereby authorized to do any and all things necessary and requisite to such condemna- tion proceedings. Passed, approved and adopted this 7th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adop- tion of the resolution. Seconded by Councilman Pregler.. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays—Councilman Schultz. June 5, 1968 To the Honorable Mayor and City Council Gentlemen: I have appointed Mr. Alfred Heitzman to the position of Auditor effective June 10, 19 Mr. Heitzman has served as Treasurer since December 1, 1 His work as Treasurer has outstanding. lie increased the vestment of idle funds. He started machine accounting of City payroll. He has simplified Treasurers record keeping. He gained a full knowledge of city's financial operations and ord keeping. I have also appointed G V. Hird as City Treasurer. Hird will begin his duties as as he can terminate his pr employment. Mr. Hird received a B.A. de from Loras College. He has employed as an agent of the eral Internal Revenue Service currently he is working wi local firm of certified public countants. I request that the Council of G. City 88. City 964. I een in - has the the has the rec- erald Mr. soon pre gree been Fed - and wit a ae- firm these appointments. Respectfully, Gilbert D. Chavenelle City Manager Special Session, June 7, 1%68 325 Mayor McCauley moved approval of the appointments after it was ascertained that the effective date of Mr. Heitzman's appointment would be contingent upon actual starting date of Mr. Hird as Treas- urer. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Communication of Colonel How- ard Coffman, formerly of the Corps of Engineers at Rock Island, advising that he will be unable to attend the flood wall ground break- ing ceremony, presented and read. Mayor McCauley moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilman, Meyers, Pregler, Schultz. Nays—None. Councilman Schultz moved that the Council adjourn to Executive Session to consider the various as- pects of a curfew. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. At the clow of the executive session Councilman Pregler moved to adjourn. Seconded by Council. man Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg• ler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved S 8� t ©II1b6I' 91988. Adopted Sept Pmber �,1M. �.. 1..�..... .... �.............. Attest: �,,, f�� .... City Clerk 326 Special Session, June 10, 1968 CITY COUNCIL OFFICIAL Special Session, June 10, 1968. Council met at 7:30 P.M. (D.S.T.) Present — Mayor McCauley, Councilmen ..Couchman, ..Meyers, Pregler, Schultz. City Manager Gil- bert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of levy- ing special assessment against spe- cially benefited property abutting J.F.K.-Carter Road Sanitary Sewer and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. June 5, 1968 To the Honorable Mayor and City Council Gentlemen: I am enclosing a copy of an agreement concluded May 1st with Operating Engineers Local 758 for 1968. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the agreement be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. June 10, 1968 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the bond which follows and desire to have your approval on same. SIDEWALK John Bush, Merchants Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the bond be filed subject to ap- proval of the City Attorney. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Notice of Appeal of Condemna. tion Award by Anthony Rhomberg of the property described as N. 38 feet, 51/4 inches of City Lot 219, in the City of Dubuque, as the result of Urban Renewal, pre. sented and read. Councilman Mey. ers moved that the notice of ap- peal be referred to the City Solici- tor. Seconded by Councilman Preg. ler. Carried by t':e following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. Notice of Appeal of Condemna- tion Award by Anthony Rhomberg of the property described as City Lots 212 and 213 in the City of Dubuque, as the result of Urban Renewal, presented and read. Councilman Meyers moved that the notice of Appeal be referred to the City Solicitor. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Notice of Appeal of Condemna- tion Award by Anthony Rhomberg of the property described as City Lot 224 and the N. 21'3" of Lot 225 in the City of Dubuque, as the result of Urban Renewal, present- ed and read. Councilman Meyers moved that the notice of appeal be referred to the City Solicitor. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider a proposal to amend the Zoning Map and Zon- ing Ordinance, known as Ordi- nance No. 3.34, so as to change Lot 1of 2 of 2 of 2 of 2 of 2 of NEIA NEI/4 Sec. 28, Twp. 89 N. R. 2E, presented and read. Council- man Pregler moved that the proof of publication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Special Session, June 10, 1968 327 Yeas --- Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Carl P. Timmerman et al (100 signers) residents of Westside Manor and Bies Subdivi- sion objecting to the proposed re- zoning of Lot 1 of 2 of 2 of 2 of 2 of 2 NEI/4 NEIA from residential to Local. Business "B" classifica- tion, presented and read. Council- man Pregler moved that the peti- tion be received and filed. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley. Coun- cilmen Couchman, Meyers. Preg- ler, Schultz. Nays—None. June 10, 1968 Honorable Mayor and Council Members Gentlemen: On May 17th, the City Planning and Zoning Commission held a public hearing on a proposal to reclassify from Single Family Resi- dence to Local Business "B" prop- erty lying directly north of the Kennedy Mall shopping center. At the present time, this site is vacant, comprises approximately 8 acres and has 357.26 feet of frontage along Kennedy Road. The site varies from an elevation slight- ly lower than the shopping center near Kennedy Road to about 30 feet higher than the shopping cen- ter toward western portion of the property. The area on the south side of this property is presently classi- fied Local Business "B." The area on the west and north are classi- fied Single Family and the area across Kennedy Road is classified Light Industrial. The area north and west of this site is partially developed for Sin- gle Family Residences, the area across Kennedy Road is being used for open storage by the Telephone Company and the area to the south is being developed for a re- gional shopping center. At the public hearing a petition was received bearing 100 signa- tures staling opposition to the pro- posal. Also a petition was received bearing 26 signatures stating ap- pruval of the proposal. Six resi- dents of West Side Manor Subdi- vision spoke in opposition to the proposal. At the public hearing a repre- sentative of the owner of this property stated that his intentions are to reduce the grade of the site to the same as that of the shop- ping center and to request vaca- tion of that portion of West Ridge Drive lying south of Daniel Street and to replat the lots which abut it so that they have frontage on Daniel Street. It was the opinion of the Com- mission that if the grade of the site is reduced to the same level of the shopping center that this change in elevation would make a logical transition from Single Fam- ily Residences to Commercial De- velopment and if 'Vest Ridge Drive is vacated as proposed, there would be no exchange of traffic from the Commercial and Residential areas. At the public hearing, it was pointed out that the owners of property hying between Daniel Street and the property in ques- tion do not object to the rezoning. It was the opinion of the Commis- sion that providing the site is re- duced to the elevation of the park- ing lot of the shopping center and West Ridge Drive is vacated as proposed and considering the cur- rent development of the area south of the site, that the most appropri- ate use would be commercial es- tablishment. In 1967, the same proposal was considered by the Commission and at that time the Commission rec. ommended that the zoning remain Single Family. At that time the Commission was concerned about the undeveloped land between this site and the part of the Subdivi- sion that was developed. Since then this area has been platted, the street has been constructed and a portion of the lots have been built upon. These are the property owners that would be most direct- ly affected by the change in zon- ing. It is the recommendation of the Planning and Zoning Commission that the proposal as submitted be approved. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning 328 Special Session, June 10, 1964 Councilman Pregler moved that the communication be received and filed. Seconded by Council- man. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Schultz moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second. ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Attorney Robert Bertsch, repre- senting Midwest Developers Inc., stated the grading of the entire area would require the removal of approximately 200,000 cubic yards of dirt which would reduce the grade to at or about grade of shop- ping center. The grade would be reduced thirty-four feet at the high point. There is a street planned into the area off Kennedy Road with a Cul -de -Sac. Mr. Carl Timmerman and Roy Auderer both stated that when they built in the area they under- stood that it would stay as Single Family Classification. Some dis- cussion arose as to just how much of the proposed eight acres would be used now. It was learned that three acres would be utilized im- mediately. Attorney Martin Coo- ney, realizing that development of five acres would be dormant for some time, was under the impres- sion that there would be no prob- lem at all to get business into the. area. ORDINANCE NO. 27-68 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Family Residence District" classification to "Local Business "B" District' classifi- catiori, said Ordinance having been previ- ously presented and read at the Council meeting of May 20, 1968, presented for Final Adoption. ORDINANCE NO. 27-611 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3.34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE SO AS TO CHANGE CER. TAIN PROPERTY HEREINAFTER DE- SCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICA- TION TO "LOCAL BUSINESS DISTRICT" CLASSIFICATION. NOW THE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. fhat Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same is hereby amended by changing from "Single Family Residence District" Classification to "Local Busi. ness "B" District" Classification, the following described real estate, towit: Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Northeast 1/4 of Northeast % of Section 28, Township B9 North, Range 2 East of the 5th P.M. in the City of Dubuque, Iowa. Pissed, approved and adopted this 10th day of June, 1968. SYLVESTER McCAULEY, Mayor WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN Attest: Leo F. Frommelt Councilmen City Clerk Published officially in The Telegraph - Herald Newspaper this 13th day of June 1968. LEO F. FROMMELT It. 6/13 City Clerk Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 44-68 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed from "Single Family Residence District" classification to "Multiple Family Residence District" classification (area at intersection of J.F.K. and Asbury Road), presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- Special Session, Junin 10, 1968 329 cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Couchman moved that a public hearing be held on the Ordinance on July 1, 1968, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Ma- yor McCauley. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchmen, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 45-68 An Ordinance Amending and and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed from "Single Family Residence District' Classification to "Local Business "A" District' Classification, (area at intersec- tion of J.F.K. & Asbury Road) presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor McCauley. Carried by the follow- ing vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Couchman that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor McCau- ley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Couchman moved that a public hearing be held on the Ordinance on July 1, 1968 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish not- ice of the hearing in the manner required by law. Seconded by May- or McCauley. Carried by the follow- ing vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 46-68 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Family Residence District" Classification to "Local Business "B" District' Classifica- tion (area at intersection of J.F.K. & Asbury Road), presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by May- or McCauley. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Couchman moved that a public hearing be held on the Ordinance on July 1, 1968 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish not- ice of he hearing in the manner required by law. Seconded by May- or McCauley. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 47-68 An Ordinance Vacating the East 10 Feet of Lot 11 of Massey Heights in the City of Dubuque, Iowa, and that portion of James Street lying South of Langworthy Avenue, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. 330 Special Session, June 10, 1968 Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler, Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 47-68 110 FEET F E OVACATING 11OF 1NTHE EAST MASSEY HEIIOWA DTHAT POR HTSANTHY DUBUQUE, OF ON O JAMES STREET LYING SOUTH OF LANGWORTHY AVENUE. WHEREAS, St. Joseph Mercy Hospital of Dubuque Iowa, an Iowa Corporation, has petitioned In writing for the vacation of the east 10 feet of Lot 11 of Massey Heights in the City of Dubuque, Iowa, and that portion of James Street lying south of Langworthy Avenue, which Peti- w.... �h— made to accommodate the Planning 6 Zoning ie City of Dubuque, mended the vacation ribed street and por- City Council of the Iowa, determines and e described street and ) longer serves any —1Sectlonvi Yhat tfii east 10 feet of Lot 11 of Massey Heights In the City of Dubuque, Iowa, and that portion of James Street lying south of Langworthy Avenue be and the same is hereby va- cated subject to easements of record and existing easements which are reserved unto the City of Dubuque and easements of record and existing easements for public utilities. Section 2. That the City Clerk be and he is hereby directed to cause a certi- fied copy of this Ordinance to be filed in the office of the Recorder of Du- buque County, Iowa, and file a copy of the same In the office of the City Asses- sor. Passed, approved and adopted this 10th day of June, 1968. SYLVESTER McCAULEY, Mayor WALTER A. PREGLER MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 13th day of June 1%8. LEO F. FROMMELT 1t. 6/13 City Clerk Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 264.68 WHEREAS, St. Joseph Mercy Hospital of Dubuque, Iowa, an Iowa Corporation, has petitioned tc acquire the east 10 feet of Lot 11 of Massey Heights in the City of Dubuque, Iowa, and that portion of James Street lying south of Lang worthy Avenue in the City of Du buque, Iowa, for the sum of Twen. ty-five Hundred Dollars which has heretofore been vacated as a pub. lic street; and WHEREAS, the City Council of City of Dubuque, Iowa, deems that said offer of purchase should be accepted. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Iowa in the east 10 feet of Lot 11 of Massey Heights in the City of Dubuque, Iowa, and that portion of ,lames Street lying south of Langworthy Avenue in the City of Dubuque, Iowa, to St. Joseph Mercy Hospital of Dubuque, Iowa, an Iowa Corporation, for the sum of $2500.00 be and the same is hereby approved subject to the following conditions: 1. That no abstract of title shall be furnished and costs of pub- lication shall be paid by the purchaser; 2. Purchaser shall assume respon- sibility of drainage of surface water from James Street and Langworthy Avenue; 3. Sale of said real estate shall be subject to easements of rec- ord and existing easements which shall be reserved unto the City of Dubuque, Iowa, and easements shall be reserved for easements of record and exist. ing easements for public util- ities together with the right of ingress thereto and egress therefrom for the purpose of re- pair and maintenance thereof. Section 2. That the City Clerk be and he is authorized and directed to publish notice of intent to dis- pose of interest in real estate as is by law required. Passed, approved and adopted this 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Special Session, June 10, 1968 331 Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of River Valley Com- munity Action Program requesting that the pledged amount of $5000, cash, as the city share of in Kind Contribution be made in two equal installments in the amount of $2500. each in July and September. presented and read. Councilman Meyers moved that the petition be referred to the City Manager. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of River Valley Com- munity Action Program requesting that a member of the City Council be appointed to serve as a repre- sentative of the elected political subdivision to Bi -County River Val- ley CAP Board of Directors, pre- sented and read. Councilman Preg- ler moved that the petition be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Dubuque Tot Lot Assn. requesting that the City pur- chase a plot of ground located on the southeast corner of Sharon Drive and Key Corners for Tot lot use, presented and read. Council- man Pregler moved that the peti- tion be referred to the City Man- ager for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Pride Service Inc. requesting approval of car wash plans covering construction of a car wash service at 22nd & Cen- tral Avenue, presented and read. Councilman Meyers moved approv- al subject to approval of the Build- ing Department. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of receipt of proposals for construction of City of Dubu- que 1968 Concrete Curb & Gutter Project No. 1 on Asbury Road and John F. Kennedy Road, presented and read. Councilman Pregler mov- ed that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. June 10, 1968 To the Honorable Mayor and the Members of the City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, June 10, 1968 for the City of Dubuque 1968 Con- crete Curb and Gutter Project No. 1. The lowest bid entered was entered by the Tri State Paving Company of Dubuque, Iowa. Their bid was 4.6% over the estimate. I recommend that the contract for the improvement be awarded to the Tri State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Piegler moved that the recommendation be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 265.68 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1968 Concrete Curb and Gutter Project No. 1 pursuant to Resolution No. 222.68 and notice to bidders pub- lighed in a newspaper published in said City on May 24, 1968 and May 31, 1968, and WHEREAS, said sealed propos- als were opened and read on June 10, 1968, and it has been deter- 332 Special Session, June 10, 1968 mined that the bid of Tri State Paving Company of Dubuque, Iowa in the amount of $127,068.00 was the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri State Paving 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 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of bids for construction of City of Du- buque 1968 Bituminous Concrete Paving Project No. 1, on alley be- tween White & Jackson and 20th to 21st; Alley between Locust & Bluff from 7th to 8th; Broadlawn, Bunker Bill, Bunker Hill Golf Course, Eagle Point Park Road- way, presented and read. Council- man Schultz moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. June 10, 1968 To The Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, June 10, 1968 for the City of Dubuque 1968 Bituminous Concrete Paving Proj- ect No. 1. The lowest bid entered was entered by the Mulgrew Black- top Company of Dubuque, Iowa; their bid was 8.9% over the Engi- neer's estimate. I recommend that the contract for the improvement be awarded to the Mulgrew Blacktop Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 266.68 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1968 Bit- uminous Concrete Paving Project No. 1 pursuant to Resolution No. 225-68 and notice to bidders pub- lished in a newspaper published in said City on May 24, 1968 and May 31., 1968; and WHEREAS, said sealed proposals were opened and read on June 10, 1968, and it has been determined that the bid of Mulgrew Blacktop Company, Inc. of Dubuque, Iowa in the amount of $24,091.30 was the lowest bid for the purnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Mulgrew Blacktop Company, lie. and the Manager be and he is hereby directed to execute a con- Special Session, June 10, M8 313,3 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 un- successful bidders. Passed and adopted this 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the construction of City of Dubuque 1968 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 on Asbury Road, Carter Road, Chaney Road, Hillcrest street, John F. Kennedy Road. Julien Dubuque Park Road, Kane Street, Pennsylvania Avenue, pre- sented and read. Councilman Schultz moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. June 10, 1968 To The Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, June 10, 1968 for the City of Dubuque 1968 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No, 1. The lowest bid entered was entered by the Tri-State Paving Company of Du- buque, Iowa; their bid was 0.717, under the Engineer's estimate. I recommend that the contract, for the improvement be awarded to the Tri-State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 227-68 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1968 Hot Mix -Hot Laid Asphaltic Concrete. Paving Project No. 1 pursuant to Resolution No. 229-68 and notice to bidders published in a newspaper published in said City on May 24, 1968 and May 31. 1968; and WHEREAS, said sealed proposals were opened and read on June 10, 1968, and it has been determined that the bid of Tri State Paving Company of Dubuque, Iowa in the amount of $145,154.15 was the low. est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to Tri State Paving Company and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. RE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders 334 Special Session, June 10, 1968 Passed and adopted this 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 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 McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the construction of City of Dubuque 1968 Concrete Paving with integral curb Project No. 1 on Maple Street from 18th to 16th, presented and read. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. June 10, 1968 To the Honorable Mayor and the Members of the City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, June 10, 1968 for the City of Dubuque 1968 Con- crete Paving with Integral Curb Project No. 1. The lowest bid enter- ed was entered by the Tri State Paving Company of Dubuque, Iowa. Their bid was 5.2% over the esti- mate. I recommend that the contract for the improvement be awarded to the Tri State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 268-68 WHEREAS, sealed proposals have been submitted by contrac. tors for the City of Dubuque 1968 Concrete Paving with Integral Curb Project No. 1 pursuant to Resolution No. 233.68 and notice to bidders published in a newspa. per published in said City on May 24, 1968 and May 31, 1968: and Whereas, said sealed proposals were opened and read on June 10, 1968, and it has been determined that the bid of Tri State Paving Company of Dubuque, Iowa in the amount of $26,547.02 wag the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specification.9; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri State Paving 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 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Special Session, June 10, 1W, 335 RESOLUTION NO. 269-68 WHEREAS, Notice of Renewal of Government968 has beenr o{ May 3, received by the City of Dubuque, Iowa, from the Commanding Officer, Midwest Division, Naval Facilities Engineering Command, renewing lease beginning July 1, 1968 and ending June 30, 1969. NOW THEREFORE BE 1T RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That renewal of lease beginning July 1, 1968, and end- ing June 30, 1969, described as follows: Lease NOy(R)-40838, effective 1 January 1947, covering use of an 0.85 acre site, Ham's Addi- tion, Dubuque, Iowa. Naval Reserve Training Cen- ter, Dubuque, Iowa, which lease has been amended by deleting a portion of the real estate there- from along the westerly side of the leased tract to provide for a roadway to be constructed and maintained by City of Dubuque, Iowa, be and the same is hereby ap- proved. Passed, adopted and approved this 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of levy and intention of the City Council to issue bonds to pay for cost of constructing an eighteen inch (18") sanitary sewer from the W.P.L. of Block 3 of Nauman Addn. Wly a distance of 166' thence a 12" sam itary sewer Wly. thru Lot 1-1-2-2-1-1 and Lot 2-1-2-2-1.1 of Highland Farm to the. Wly property line of I.F.K. Road, also a Twelve (12") inch sanitary sewer from Wly point A the 18" sanitary sewer Sly. thru Lot 2-2-2-1-1-1-1-1 of Clarence Arl- en Place to the existing Kaufmann Ave. lift station, presented and read. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of levy were mail- ed by certified mail on May 14, 1968, to property owners of record subject to assessment to pay for cost of constructing J.F.K.-Carter Road sanitary sewer, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 270-68 SCHEDULE OF ASSESSMENT — 1F.K.-CARTER ROAD SANITARY SEWER RESOLVED by the City Council of the City of Dubuque, Iowa; That to pay for cost of constructing an eighteen inch (18") sanitary sewer from the westerly property line of Block 3 of Nauman Addition west- erly a distance of 166 feet thence a twelve inch (12") sanitary sewer westerly through Lot 1-1-2-2-1-1 and l.ot 2-1-2.2-1.1 of Highland Farm to the westerly property line of J.F. Kennedy Road, also a twelve inch (12") sanitary sewer from the west- erly point of the eighteen inch (18") sanitary sewer southerly through Lot 2-2.2.1-1-1-1.1 of Clar- ence Arlen Place to the exist- ing Kaufmann Avenue Lift Station by Saffran Construction Co. Con- tractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. 336 Special Session, June 10, 1968 Leonard L. & Ruth C. Timmerman, Lot 1-1-2-2-1-1, Highland Farm..............................$4,097.52 .................................................................. Dubuque Community School District, Lot 2-1-2-2.1-1, Highland Farm................................................................................................ 2.756.68 $6,854.20 Breakdown on Assessable Cost: 2111.55 Lin. Ft. of 8" equivalent pipe it $3/ft.......................$6,334.65 Manholes: Height of sidewall 78.5 Lin. Ft. ( $15 ...................................... 1,177.50 Base" No. of @' $50.................................................................. 480.00 Ring & Cover -8 No. of @ $50 .................................................. 400.00 $8,392.15 Eng. 13.8%.............................................................................. 1,158.12 5% Int./52 days...................................................................... 60.61 $9,610.88 City Share of Assessable .............................................. 2,756.68 Total Assessable............................................................$6,854.20 Total Cost of Project ..................................................$27,378.58 Assessable Share ........................................................ 6,854.20 City Share ................... Passed, adopted and approved this 10th day of June 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic Learing to consider proposal to issue sewer bonds in the amount of $6,854.20 to pay for cost of constructing the J.F.K.-Carter Road sanitary sewers, presented and read. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Schultz. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. .....................................$20,524.38 RESOLUTION NO. 271.68 Resolution providing for the is- suance of Sewer Bonds for the purpose of providing for the pay- ment of the assessed cost of con- struction of an Eighteen (18") San. sewer from the W.P.L. of Block 3 of Nauman Add. westerly a dist. of 166 ft. thence a twelve (12") San. Sewer westerly through Lot 1-1.2- 2-1-1 and Lot 2-1.2-2-1-1 of Highland Farm in the WPL of J. F. Kennedy Road, also a twelve (12") San. Sewer from the westerly point of the eighteen inch (1811) San. Sewer Sly. through Lot 2-2-2-1-1-1-1-1 of Clarence Arlen place to the exist- ing Kaufmann Ave. lift station. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the Sewer herein- after described has been completed and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $6,854.20 of the cost thereof shall be assessed against the property subject to as- sessment therefor; and Whereas public notice, as provid- ed by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a Special Session, June 10, 1968 337 public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con- sidered 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 Con. struction of an Eighteen inch (18") Sanitary Sewer from the westerly property line of Block 3 of Nau- man Addition westerly a distance of 166 feet, thence a twelve inch (12") Sanitary Sewer westerly through I.ot 1-1-2-2-1-1 and I.ot 2.1-2-2-1-1 of Highland Farm to the Westerly property of J. F. Kennedy Road, also a twelve inch (12") San- itary sewer from the westerly point of the eighteen inch (18") Sanitary sewer southerly through Lot 2-2-2- 1-1.1.1-1 of Clarence Arlen Place to the existing Kaufmann Avenue Lift Station there shall be issued Sewer bonds in the amount of $6,854.20 in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds; and shall bear the date of July 10, 1968; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denomina- tions and for such maturity dates as are shown in the following table: Series No., Bond No,, Denomina- tion and Maturity 1-1118 and 1119, $500.00, April 1, 1969 2-1120 and 1121, $500.00, April 1, 1970 3-1122 and 1123, $500.00, April 1, 1971 4-1124, $500.00, April 1, 1972 5--1125, $500.00, April 1, 1973 6--1126, $500.00, April 1, 1974 7-1127, $500.00, April 1, 1975 8-1128, $500.00, April 1, 1976 9-1129, $500.00, April 1, 1977 10-1130, $500.00, April 1, 1978 10-1131, $354.20, April 1, 1978 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No......................... Series No . ........................ CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iom'a promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April, 1969, or at any time before that date, at the option of the City of Dubuque, the sum of .................... dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the pre- sentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Du- buque under and by virtue of Chap- ter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 10th day of June, 1968, being Resolu- tion No. 271-68. This Bond is one of a series of 14 bonds, 13 for $500.00 numbered from 1118 through 1130, and one for $354.20 numbered 1131, all of like tenor and date, and issued for the purpose of construction of an eighteen inch (18") Sanitary sewer from the westerly property line of Block 3 of Nauman Addition west- erly a distance of 166 feet thence a twelve inch (12") Sanitary sewer westerly through Lot 1-1.2-2.1-1 and Lot 2.1-2.2-1-1 of Highland Farm to the westerly property of J. F. Kennedy Road, also a twelve (12") Sanitary sewer from the westerly point of the eighten inch (18") Sanitary sewer southerly through Lot 2-2.2.1.1-1.1-1 of Clarence Ar- len Place to the existing Kaufmann Avenue Lift Station as described 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 1270 created by the collection of said special tax, and fund can be used for no other purpose. 338 Special Session, June 10, 1908 It is hereby certified and recited that all the acts, conditions and things required to be done prece- dent to and in issuing this series of bonds, have been done, happen- ed, and performed, in regular and due form, as required by law and said Resolution, and for the assess. ment, collection and payment here- on of said special tax, the full faith and diligence of said City of Du- buque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 10th day of July, 1968. (SEAL) ........................................................... Mayor ........................................................... City Clerk (Form of Coupon) On the ............ day of ....... .............I the City of Dubuque, Iowa, promis- es to pay to the bearer, as provided in said bond, the sum of .................... Dollars, in the office of the City Trearsurer in the City of Dubuque, being ........................months' interest due that date on its ............................ Bond No.................dated.................... ......I ............. 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 purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1270 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 fascisimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year 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 regu- lar United States Mail, and address- ed to the last known address of the Purchaser. Passed, adopted and approved this 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 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 McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 27268 WHEREAS, there is presented to the City Council of Dubuque, Iowa, a plat of the subdivision of Lot 2 of Lot 2 of Block 6 in "River Front Subdivision No. 3" in the City of Dubuque, Iowa dated May 31, 1968 and prepared by Carl F. Bartels, Licensed Professional Civ- il Engineer & Land Surveyor; and WHEREAS, City Council of City of Dubuque, Iowa, finds that said plat conforms to the statutes and ordinances pertaining thereto and same should be approved. NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat of the subdivision of Lot 2 of Lot 2 of Block 6 in "River Front Subdivi- sion No. 3" in the City of Du- buque, Iowa, dated May 31, 1968 and prepared by Carl F. Bartels, Licensed Professional Civil Engi- neer & Land Surveyor be and the J Special Session, June 10, 1968 339 same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and di- rected to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to cause said plat to be recorded in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 273.68 WHEREAS, there is presented to the City Council of Dubuque, Iowa, a plat of the subdivision of Block 5 in "River Front Subdivi- sion No. 3" in the City of Dubuque, Iowa dated May 31, 1968 and pre- pared by Carl F. Bartels, Licensed Professional Civil Engineer & Land Surveyor; and WHEREAS, City Council of City of Dubuque, Iowa, finds that said Plat conforms to the statutes and ordinances pertaining thereto and same should be approved. NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat of the Subdivision of Block 5 in "Rives Front Subdivision No. 3" in the City of Dubuque, Iowa, dated Ma) 31, 1968 and prepared by Carl F Bartels, Licensed Professional Civ it Engineer & Land Surveyor bf and the same is hereby approvec and the Mayor and City Clerk bE and they are hereby authorizec and directed to execute said pla, for and on behalf of the City o Dubuque, Iowa. Section 2. That the City Clerk ie and he is hereby authorized and directed to cause said plat to )e recorded in the office of the lecorder in and for Dubuque ,ounty, Iowa. Passed, approved and adopted his 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 27466 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Lil' Giant Food Store, 2644 Penn. sylvania Avenue Following licenses effective 7-1- 68: Dubuque Golf & Country Club, 1800 Randall Place Lloyd Collins, 30 Locust Street Eagle Store #144, 3033 Asbury Street Eagle Store #130, 1800 Elm Street Eagle Store #109, 200 South Lo- cust Street LaVerne Felderman, 1889 Jackson Street Finley Hospital (Sunshine Circle), 1480 Allison Place Fischer Bowling Lanes Club, 880 Locust Street Ramona Fettgather, 1103 Iowa Street Gertrude Greenough, 2372 Central Avenue John J. Glynn, 655 Central Avenue The Great Atlantic & Pacific Tea Co. Inc., 1101 Central Avenue The Great Atlantic & Pacific Tea Co. Inc., 2685 Dodge Street 340 Special Session, June 10, 1968 George R. Hunt, 228 West 8th Street Carl Hirsch, 600 Central Avenue Hartig Drug Company, 730-736 Main Street Hartig Drug Company, 1st & Lo- cust Street Hartig Drug Company, 22nd & Central Avenue Pete S. Sfikas & Gust Karigan, 401.405 Central Avenue Knights of. Columbus #510, 781 Locust Street Lil' Giant Food Stores, Inc., 2644 Pennsylvania Avenue Lil' Giant Food Stores, Inc., 1105 Rhomberg Avenue John J. Ludescher, 1897 Clarke Drive Loras College, 1450 Alta Vista William J. Lynn, 424 West Locust Street Mescher & Tench Grocery, 1233 Rhomberg Avenue May's Drug Store #204, 3049 As- bury Street Carl E. Miller, 1096 Central Ave- nue Northern Drug Company, 651 Main Street John E. Noel, 2400 Central Ave- nue Fischer Realty Company (Office Grill), 7-B Suite, Fischer Build- ing Thomas Oeschger, 815 West 5th Street Palmer Drug Store, 2600 Dodge Plaza 20 Joseph Polfer, 2672 Dodge Street Ray Papin, 2635 University Avenue Roshek Brothers, 700-800 Locust Street Radloff's Cash Market, 1395 Brown Avenue Frank Schwind, 2297 University Avenue Earl Schumacher, 2201 Central Av- enue Bernard F. Skahill, 400 Central Avenue Lawrence Schwartz, 500 Rhomberg Avenue Doris J. Tigges, 2776 Jackson Street Mrs. A. J. (Marita) Trapp, 1266 Central Avenue Warehouse Market, J. F. Kennedy Road Fred Weiner, 1101 White Street Eileen Wunder, 1046 Central Av. enue Carl N. Grant, 2600 Central Av. enue Merchants Hotel, 304 Main Street Thomas J. Remy, 3355 Pennsyl. vania Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap. plication be approved. Passed, adopted and approved this 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 275-68 WHEREAS, applications for Beer Permits have been submit- ted to this Council for approval and the same have been exam- ined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Dubuque Jaycee Summer Festival Beer Tent, Industrial Island Bernard F. Skahill, 400 Central Avenue Mrs. Dorothy Olsen, 1097 Jackson Street Eileen Wunder, 1046 Central Ave- nue Phillip Robert Love, 1701 Central Avenue CLASS "C" BEER PERMIT Lil Giant Food Store, Inc., 2644 Pennsylvania Avenue Passed, adopted and approved this 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Special Session, June 10, 1%8 341 Councilman Schultz moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 276-68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Jaycee Summer Festival Beer Tent, Industrial Island Bernard F. Skahill, 400 Central Avenue Mrs. Dorothy Olsen, 1097 Jackson Street Eileen Wunder, 1046 Central Ave• nue Phillip Robert Love, 1701 Central Avenue CLASS "C" BEER PERMIT Lil' Giant Food Store, Inc., 2644 Pennsylvania Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vole: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 277.68 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAP- TER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT John J. Glynn, 655 Central Avenue Bernard F. Skahill, 400 Central Av- enue Eileen Wunder, 1046 Central Av- enue Mrs. Dorothy M. Olsen, 1097 Jack- son Street Fischer Bowling Lanes Club, 880 Locust Street Carl N. Brant, 2600 Central Avenue Denise O'Neill, 55 Locust Street Phillip Robert Love, 1701 Central Avenue Passed, adopted and approved this 10th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 278.68 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City 342 Special Session, Jame 10, 1966 ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to be issued to the following named applicants a Liq- uor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John J. Glynn, 655 Central Avenue Bernard F. Skahill, 400 Central Avenue Eileen Wunder, 1046 Central Av- enue Mrs. Dorothy M. Olsen, 1097 Jack- son Street Fischer Bowling Lanes Club, 880 Locust Street Carl N. Brant, 2600 Central Av- enue Denise O'Neill, 55 Locust Street Phillip Robert Love, 1701 Central Avenue Passed, adopted and approved this 10th day of June, 1968, Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of attorney Thomas W. McKay, in behalf of his client Clara Dubmeyer requesting that the City execute and deliver a quit claim deed to Clara Dub- meyer conveying the vacated 10 feet portion of Troy Street abutting Lot 14 in High Street Subdivision of part of M. L. 113A to complete intended action of the City Council in a resolution adopted on the 15th day of September 1898, in order to clarify title, presented and read. Mayor McCauley moved that the communication be received and fil- ed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 279.68 WHEREAS, at a session of the City Council of Dubuque, Iowa, held on the 15th day of September, 1898, passed, adopted and approved a resolution vacating a strip of land 10 feet wide on the westerly side and 10 feet wide on the east- erly side of Troy Street from John- son Avenue to the end of said Troy Street in High Street Subdivision be vacated and annulled as a public highway in favor of the owners of the lots and parcels of land abut- ting thereon; and WHEREAS, it appears to the City Council of the City of Dubu- que, Iowa, that it was intended to dispose of interest in real estate by the City of Dubuque to the owners abutting thereon; and WHEREAS, Clara Dubmeyer is the owner of Lot 14 in High Street Subdivision of part of Mineral Lot 113A in the City of Dubuque, Iowa and she has petitioned for a con- veyance by deed of the vacated 10 feet portion of Troy Street as abutts the said Lot 14. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That conveyance to Clara Dubmeyer by Quit Claim Deed of the City of Dubuque in and to the vacated 10 feet portion of Troy Street as abutts Lot 14 in High Street Subdivision of part of Mineral Lot 113A in the City of Dubuque, Iowa be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and empowered to execute the Quit Claim Deed of City of Dubuque, Iowa unto Clara Dubmeyer. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver said Quit Claim Deed unto Clara Dubmeyer. Special Session, June 10, 1968 343 Passed, approved and adopted this 10th dayof June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Schultz. Car- ried by the following vote: Peas-1liayor McCauley, Council- men Couchman. Meyers, Pregler. Schultz. Nays—None. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler. Schultz. Nays—None. Leo F. Frommelt, City Clerk Approved S6Ptember ?.1968 Adopted Se,�tember 9,,...1968 ............ Councilmen ............................. City Clerk 344 Special Session, June 17, 1968 CITY COUNCIL OFFICIAL Special Session, June 17, 1968. Council met at 7:30 P.M. (D.S.T.) Present—Mayor McCauley, Coun- cilmen Couchman, Pregler, Schultz. City Manager Gilbert D. Chaven- elie. Absent—Councilman Meyers (out of city). Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of AWARDING CONTRACTS FOR DEMOLITION OF BUILDINGS AND STRUCTURES AND SITE CLEARANCE FOR THE DOWN- TOWN URBAN RENEWAL PROJ- ECT IOWA R-15, and acting upon such other business as may proper- ly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of Invitation for bids, Demolition Contracts No. 1-68 and No. 2-68, Downtown Urban Re- newal Project Iowa R-15, presented and read. Councilman Pregler mov- ed that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. The Clerk was instructed to read Resolution No. 286-68, which was followed by considerable discus- sion. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. Attorney Thomas McKay repre• senting Dore Wrecking Co., made the opening statements citing the fact that the Dore Wrecking Co. is approximately $36,000 lower than the next bidder on the proposed demolition work. He is presently engaged in Urban Renewal work at Wayne, Michigan. And he has stated that he will hire local help Attorney Russo questioned Mr. Arthur Dore in detail after pre- liminary investigation showed cause for concern as far as Mr. Dore's exercising of contracts was concerned. Mr. Russo asked Mr. Dore are you engaged in any contract now in default? Answer was no. Have you had a job where the bonding Company had to finish the job? Answer was no. Have you had any kind of trou- ble on any of your jobs? Answer was Not thinking of any specific problem. Have you had any difficulty in the peformance of any contract which you had or now have? Ans- wer was no. Big Rapids, Michigan, was men- tioned as a possible trouble spot and Dore stated that the City of Big Rapids had difficulty in acquir- ing property and buildings were released one at a time by mutual agreement. At Pontiac, Michigan, approxi- mately six years ago, did you have difficulty in 1961, 1962, 1963 on different contracts. The answer was that a problem was encount- ered when there were a few build- ings left but the bonding company had nothing to do with it. Did you have a problem with wages, sub -contractors, etc.? The answer was no. Mr. Dore mentioned that they have been in business ten or eleven years. Did you experience difficul- ty in getting recommendations from cities that you have done work in, including Pontiac, Michi- gan. Answer No, also cleared build- ings for the State Highway Depart- ment. Have you candidly and openly disclosed to this Council all type of work? Answer Yes. Mr. Dore stated that they do aP- proximately one million dollars worth of demolition work a year. They have had no specific clashes on any jobs. They might have had some of a minor nature. Mr. Russo further asked the question have your labor relations been congenial'? Answer Very Def- initely so. How much work have you done in Lansing, Michigan? Answer aP- proximately $150,000. have Mr. Dore stated that they Special Session, Jnne 17, 1966 345 no labor problems, worked for Ur- ban Renewal department in Detroit, in fact worked all over the coun- try, and never had a bid rejected. They have contracts with the Op- erating Engineers, Teamsters, and other unions. Attorney McKay addressed his remarks to Gent Wittenberg, Urban Renewal Director. As chief adviser why are you proposing the award to a higher bidder by approximate- ly $35,000. The answer was on the basis of references in Dore's bids and the contacts that have been made, such as failure to complete jobs, under investigation at Big Rapids. Michigan job. Lansing, Michigan, South Bend, Indiana also Big Rapids, Michigan have been contacted. Lansing, Michigan and South Bend, Indiana reported un- satisfactory work. HUD has no ob- jection. City Engineer White re- ported that Lansing would not recommend. Toledo, Ohio did award the job. Wayne, Michigan had no objections, and Detroit, Michigan did not return the call. The Council went into executive session at 8:35 P.M. Returned to the Council Chamber at 8:45 P.M. RESOLUTION NO. 286-68 Authorizing the Execution of Demolition Contracts No. 1-68 and No. 2-68 for the Downtown Urban Renewal Project, lows R-15 WHEREAS, under date of May 29, 1968, the City Council of the City of Dubuque authorized the receiving of proposals for the de- molition and site clearance of cer- tain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, an Invitation for Bids for the said work was pub- lished on May 30, 1968 and June 6, 1968 in the Telegraph -Herald, a newspaper of general circulation in Dubuque, Iowa; and WHEREAS, an Invitation for Bids was mailed on May 29, 1968 to various contractors; and WHEREAS, seven sealed propos- als were received, opened and read aloud by the City Clerk in Council Chambers at 10:00 A.M., Central Daylight Time; and WHEREAS, the Demolition Con- tract Bidding Documents provide that the City of Dubuque reserves the right to reject any Bid where an investigation of the available evidence or information does not satisfy the City of Dubuque that the Bidder is qualified to carry out properly the terms of the Con- tract; and WHEREAS, the Demolition Con- tract Bidding Documents further provide that the City of Dubuque reserves the right to reject any and all Bids whenever such re- jection is in the City of Dubuque's interest; and WHEREAS, it has been deter- mined that the awarding of De- molition Contracts No. 1.68 and No. 2-68 to the lowest bidder is not in the best interests of the City of Dubuque in undertaking the Downtown Urban Renewal Project, Iowa R-15; now therefore BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: Section 1. That subject to the concurrence of the Department of Housing and Urban Development, United States of America, that the following demolition and site clear- ance contracts be awarded to the contractors as indicated. Contract Amf. No. Contractor Contract 1-68, Minnesota Lumber & Wreck- ing Corporation ........$102,453.23 2.68, C. S. Ehinger ........$118,000.00 Section 2. That the City Manager be and he is hereby authorized and directed to execute the afore. mentioned contracts on behalf of the City of Dubuque for the com- plete performance of the work. Passed, approved and adopted this ........ day of ................1 1968. ............................ ............. Mayor .................................................... Councilmen Attest: ............................................. City Clerk 346 Special Session, June 17, 1968 Mayor McCauley moved adoption of the resolution. Seconded by Councilman Pregler. The roll call vote on the reso- lution was as follows: Yeas—None. Nays — Mayor McCauley, Coun- cilmen Couchman, Pregler, Schultz. Absent—Councilman Meyers. Councilman Pregler moved that the Demolition Contract No. 1-68 in the amount of $83,000. and Con- tract No. 2-68 in the amount of $96,000 be awarded to Dore Wreck- ing Co. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. Communication of H. J. Ursetti, Commanding Officer of the U.S.S. Dubuque advising that the U.S.S. Dubuque will fly the official flag of the City in honor of the Dubu- que Iowa Summer Festival to be held from June 26 to June 30, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. Notice of claim of Joseph H. Hook of 623 Arlington Street, in the approximate amount of $350. for car damage as the result of a tree falling on his car on June 10, 1968, presented and read. Mayor McCAuley moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Pregler, Schultz. Nays—None, Absent—Councilman Meyers. Notice of Claim of Alfred Auder- er of 3005 Jackson Street, in the amount of $150. for personal prop- erty damage incurred as the result of a backed -up sanitary sewer on June 12, 1968, presented and read. Mayor McCauley moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. Notice of claim of Patricia M. Scott, in an undetermined amount, for personal injuries received in a fall on a defective sidewalk on Ninth street adjacent to Diamond's Cafeteria on May 18, 1968, present- ed and read. Mayor McCauley mov. ed that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. Petition of A-1 Plumbing & Heat- ing Co. requesting permission to excavate at 1906 North Main Street, presented and read. Councilman Pregler moved approval subject to approval of the Engineering De- partment. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Mayor CcCauley, Coun- cilmen Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. Petition of Dubuque Theatre Corporation requesting permission to conduct a fireworks display at the Super 20 Drive -In Theatre July 4, 1968, presented and read. Mayor McCauley moved approval subject to approval of the City Manager and Fire Department. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. Petition of Westside Realty Co. requesting permission to excavate in Kennedy Road to install a san- itary sewer at the N.P.L. of Ken- nedy Mall Shopping Center, pre- sented and read. Councilman Preg. ler moved approval of the petition, subject to approval of the Engi- neering Department. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, council- men Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. Petition of Walter Neal et al (283 Signatures) requesting the Special Session, June 17, 1R 347 Council to rescind Ordinance No. 4-68, Section 10, that prohibits the burning of leaves, brush, tree limbs etc., presented and read. Mayor bfc Cauley moved that the petition be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. Mrs. Lynn Fuller and Mrs. Gon- zales, residents of S. Grandview Ave., addressed the Council by stating that in Minneapolis and St. Paul burning of brush, leaves, etc., is allowed after 3 P.M. They were under the impression that it is more dangerous to accumulate large amounts of brush, leaves, etc., which seems to tempt children to start brush fires. Councilman Pregler moved that the matter of burning leaves, brush, etc., be referred to the Manager and Staff for investigation and re- port. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. Petition of Frank Foulk request- ing a refund of $100 on the unex- pired portion of Class B Beer License No. 21, discontinued busi- ness on June 15, 1968, presented and read. Councilman Pregler mov- ed that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Pregler, Schultz. Nays—None. Absent — Councilman Meyers. Petition of Carlos R. Dowdy re- questing a refund of $100. on the unexpired portion of Class B beer license No. 126, discontinued busi- ness on June 7, 1968, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas Mayor McCauley, Council. men Couchman, Pregler, Schultz, Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 280-66 WHEREAS, on ,lune 5, 1967, City Council of City of Dubuque, lows, passed, approved and adopted Resolution No. 114-67 wherein the City of Dubuque, Iowa, vacated a plat of certain real estate covering the following described real estate: That part of St. George Sub- division known as Lots 1, 2, 3, and 4 of Block 4 and Lots 5, 6, 7. 8, 9, and Lot 2 of 4 of Block 3 of St. George Subdivi- sion; and WHEREAS, it was intended by the City Council of City of Dubu- que, Iowa, to dispose of its interest in Steven Court platted within the vacated plat but Steven Court plat- ted within the vacated plat but Steven Court was inadvertently omitted from said Resolution No. 114-67. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa in and to Steven Court unto Eldon T. Herrig be and the same is here- by approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute and deliver a corrected Quit Claim Deed of the City of Dubuque, Iowa unto Eldon T. Herrig of all its rights, title and interest in and to the following described real es- tate: Steven Court and that part of St. George Subdivision known as Lots 1, 2, 3, and 4 of Block 4 and Lots 5, 6. 7, 8, 9, and Lot 2 of 4 of Block 3 of St. George Subdivision. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 17 day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk 348 Special Session, June 17, 1968 Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers, RESOLUTION NO. 281.68 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 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Name Address Herbert E. Althaus, 1575 Central Avenue George K. Arvanitis, 1958 Central Avenue Brammers, Inc., 1306 Delhi Louis T. Bournias, 2600 Dodge Street Plaza 20 Beecher Oil Co., 1399 White Street Beecher Oil Co., 1691 Asbury Canfield Hotel, 36 West 4th Street Dubuque Packing Co. Retail Store, 16th & Sycamore William G. Fenelon, 2528 Central Avenue Lorraine Gordon, 2327 Central Av- enue Frank & Don's Sinclair Service, 655 Dodge Street Ben W. Greenwood, 897 Central Avenue Jack Kritikos, 720 Main Street John J. Heiderscheit, 1278 Central Avenue Joseph P. & Bernice M. Hillard, 431 Rhomberg Avenue LaVerne Hennen, Asbury & Ken- nedy Road Gene Kopp, 951 Main Street Phillip R. Love, 1701 Central Av. enue Martin Oil Company, 280 Locust Street Kermit Meyers, 555 Main Street Riverside Bowl, 1860 Hawthorne John L. Savary, 827 Dodge Street Judith Shiel, 2199 University Av. enue Patricia Sarris, 760 East 16th Street Wareco Systems of Iowa, 700 Rhomberg Avenue W. J. White, 1993 Asbury Street George T. Vrotsos, 605 Main Street Merlyn L. Weber, 1904 Central Av. enue Duane D. Deutmeyer, 1450 Loras Blvd. Florance Deutsch, 45 West 13th Street John R. Hirsch, 206 West 3rd Street Harry Kopple, 1098 University Av- enue Donald Kies, 2620 University Av. enue Donald M. Love, 250 West 6th Street Raymond McLaughlin, 2222 Central Avenue Raymond Ney, 2186 Central Av. enue Jay E. Williams, 1027 Rhomberg Avenue Mrs. Helen Weiner, 709 University Avenue Eva M. Zillig, 127 West 6th Street Fred Vyverberg (Transfer from 678 Central Ave.), 2412 Central Avenue Passed, adopted and approved this 17th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 282.68 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the ttrms of the ordinances of the City. CLASS "B" BEER PERMIT Fred Vyverberg (Transfer from 678 Central Avenue), 2412 Central Avenue 1 Special Session, June 17, 1968 .3.49 Passed, adopted and approved this 17th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 283.68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Fred Vyverberg (Transfer from 678 Central Avenue), 2412 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 17th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop tion of the resolution. Seconded b} Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council men Couchman, Pregler, Schultz Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 284-68 WHEREAS, applications for Liq- ior Permits have been submitted o this Council for approval and .he same have been examined: NOW THEREFORE BE IT RE- 3OLVED by the City Council of the City of Dubuque, Iowa, that the [ollowing applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123–,as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Helen Weiner, 709 University Av- enue Lorraine Gordon, 2327 Central. Av- enue .John L. Savary, 827 Dodge Street Joseph P. & Bernice M. Hillard, 431 Rhomberg Avenue Patricia Sarris, 760 East 16th Street Passed, adopted and approved this 17th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved ad. option of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 285-68 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun. cil, and, WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ord- inances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE. SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. 390 Special Session, June 17, .1916 GLASS "C" COMMERCIAL ESTABLISHMENT I'lelen Weiner, 709 University Av- enue Lorraine Gordon, 2327 Central Av- enue John L. Savary, 827 Dodge Street Joseph P. & Bernice M. Hillard, 431 Rhomberg Avenue Patricia Sarris, 760 East 16th Street Passed, adopted and approved this 17th day of .lune, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Gaylord M. Couchman Councilmen 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 McCauley, Cn- cilman Pregler. Carried by the oufol- ]owing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Pregler, Schultz. Nays—None. Absent—Councilman Meyers. Mr. John Spechtenhauser of 1385 Kane Street stated that a cat bit his daughter's hand. He also com- plained about the loose running dogs in the neighborhood. He re- quested that some action be taken by the Council as soon as possible to eradicate or at least have some form of better control over ani. mals in the City. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Pregler, Schultz. Nays—None. Absent ---Councilman Meyers. Leo F. Frommelt, City Clerk Approved Sep �emb e r 1988 Adopted ..SPPI.QI4k%r,,,.9,1966 J Special Session, Jime 24, 1966 351 CITY COUNCIL OFFICIAL Special Session, June 24, 1968. Council met at 7:30 P.M. (D.S.T.) Present—Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. City Manager Gilbert D. Chaven- elle. Absent—Councilman Couchman (out of city) Mayor McCauley read the call and stated that service thereof has been duly made and this meeting is called for the purpose of DI- RECTING ISSUANCE OF VAR- IOUS BUSINESS LICENSES, and acting upon such other business as may properly come before a regu- lar meeting of the City Council. June 17, 1968 To the Honorable Mayor and City Council Gentlemen: I am submitting to you the 1967 Annual Report of the Peoples Natural Gas Division. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that. the report be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. June 24, 1968 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same. SIDEWALK Carl Blosch, Merchants Mutual Bonding Co. Fischer Investment Company, IIawkeye-Security Insurance Co. David Schreiber, Merchants Mutual Bonding Co. Tri-State Paving Company, Hawk - eye -Security Insurance Co. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the filing of bonds be approved subject to approval of the City Solicitor. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays --None. Absent—Councilman Conchman June 24, 1968 To the Honorable Mayor and City Council Gentlemen: We have received complaints of teenage and adult gatherings at our landscaped area north of the Elevated Tank at West Third and College Streets. It is recommended that a 175 watt mercury vapor light be placed on a pole in the alley approximate - Iv 125 feet west of College Street and at the rear of 1460 Allison Place. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley COUn- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. June 20, 1968 To the Honorable Mayor and City Council Gentlemen: 1 submit to you the petition of Stanley Hahn for permit without fee to sell potatoes within the corporate limits. In the past this permit has been granted because of Mr. Hahn's serv- ice connected disability. I recom- mend that it be renewed under Sec- tion 16 of Ordinance 54-55 for the period ending December 31, 1968. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: yeas -- Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Coucbman 352 Special Session, June 24, 1968 June 21, 1968 To the Honorable Mayor and the City Council Gentlemen: I am returning to you the peti- tion of Mr. Robert A. Palmer of 685 Kane St. in Dubuque regarding the purchase of city land. I am in- formed by the Engineering De- partment that the plot is owned by Wm. T. and Lucina Connery rather than the city. I am enclosing a plat. I have written to the petitioner informing him that the city does not own the land. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. June 24, 1968 To the Honorable Mayor and City Council Gentlemen: According to Section 7 of Chap- ter 163 of the Acts of the 62nd General Assembly, it is necessary for the City Council to designate at this time whether or not the city will continue with its present Board of Health and Health De- partment, or enter into a Dubuque County Health Department ar. rangement. Since the area health plans have not yet been established, it is recommended that the City Coun- cil determine that the city will continue under the present depart- ment of health and that the City Council along with the public health director, will constitute the Board of Health. I am enclosing a letter received from Dr. Hazlet dated June 24th and a copy of Chapter 163. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Mayor McCauley. Carried by the following vote: Yeas --Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Dubuque Downtown Merchants requesting permission to conduct sidewalk crazy day sales promotion to be held on July 12, 1968, and further requesting re- striction of parking on Main Street from 5th to 10th street, and sub• mitting certificate of insurance, presented and read. Councilman Schultz moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. June 21, 1968 To the Honorable Mayor and the City Council Gentlemen: You have received a petition from the Dubuque Downtown Merchants Association for their Sidewalk Crazy Days promotion on July 12, with an alternate date of July 13 in case of rain. Mr. Kalb has checked the dates, and they are open for the event. A certificate of insurance has been received from the association, and a copy of the policy has been requested. It should arrive in about one week. As in previous years, parking will be eliminated as requested, and it is asked that merchants do not display merchandise in the streets or traffic lanes. It is also requested that the petitioners con- tact Police Chief Lucas. I hereby request that the peti- tion be granted. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the request of the City Manager be granted. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays --None. Absent—Councilman Couchman. Petition of A-1 Plumbing & Heal- ing Co. requesting permission to excavate at 1744 Bennett Street (10 year street), to repair a brok- en sewer, presented and read. Councilman Schultz moved that the petition be granted subject to ap- proval of the Engineering Depart- ment. Seconded by Councilman r� Special Session, June 24, 1968. 35.3 Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Flexsteel Industries Inc. requesting the installation of a traffic control signal or a four way stop sign arrangement at the intersection of 32nd and Central Ave., presented and read. Council- man Meyers moved that the peti- tion be referred to the City Man- ager and Traffic departm%nt for study. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Petition of N.W. Bell Telephone Co. requesting permisison to exca- vate in the street at the north east corner of Grandview and Southern Ave., presented and read. Councilman Meyers moved that the petition be granted subject to ap- proval of the Engineering Depart- ment. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman, June 21, 1968 To the Honorable Mayor and City Council Gentlemen: It is requested that $10,000.00 be transferred from the Liquor Sales Profit Fund to the Youth and Opportunity -Trust and Agency Fund. This money, along with con• tributions solicited from private sources, will be used for the enu ployment of young citizens of Du buque during the summer. Respectfully, Gilbert D. Chavenelle City Manages Councilman Schultz moved tha the communication be received ane filed. Seconded by Mayor McCau ley. Carried by the following vote Yeas—Mayor McCauley, Council men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman RESOLUTION NO, 287-68 Resolution for Transfer of $10,000 from the Liquor Sales Profit Fund to Young Citizens Employment Trust Fund. WHEREAS, according to the ..ode of Iowa, Section 123.50 of he 1966 Code, Liquor Sales Profit illotted the City of Dubuque, Iowa, :an be used for any legal purpose is determined by the governing )oody of the Municipality: NOW THEREFORE BE IT RE- ;OLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: that $10,000 be transferred from the Liquor Sales Profit Fund and credited to the Young Citizens Em- ployment Trust Fund, under Trust and Agency Fund, for the purpose of creating appropriate and needed cash in said fund. Passed, adopted and approved this 24th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. June 21, 1968 To the Honorable Mayor and the City Council Gentlemen: I am presenting a resolution authorizing the city manager to sign an application for assistance from the Department of Housing and Urban Development for the proposed Couler Valley Collector Sewer. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. ;354 Special Session, June 24, 1968 RESOLUTION OF GOVERNING BODY OF APPLICANT Resolution No. 288-68 Project No. WS -4.16-0065 Resolution authorizing filing of application with the Department of Housing and Urban Development, United States of America, for a grant under P.L. 89-117. WHEREAS, pursuant to P.L. 89- 117 the United States of America has authorized the making of grants to public bodies to aid in financing the construction of basic water and sewer projects: Now Therefore, Be It Resolved By City Council, City of Dubuque, Iowa 1. That City Manager be and he is hereby authorized to execute and file an application on behalf of City of Dubuque, Iowa with the Department of Housing and Urban Development, United States Gov- ernment, for a grant to aid in financing the construction of Cou- ler Valley Collector Sewer, and an assurance of compliance with the Department of Housing and Urban Development regulations under Title VI of the Civil Rights Act of 1964. 2. That Gilbert D. Chavenelle, City Manager be and he is hereby authorized and directed to furnish such information as the Depart- ment of Housing and Urban Devel- opment may reasonably request in connection with the application which is herein authorized to be filed. CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa does hereby cer- tify: that the attached resolution is a true and correct copy of the resolution, authorizing the filing Of application with the Department of Housing and Urban Develop- ment, as regularly adopted at a legally convened meeting of the City Council, City of Dubuque, Iowa duly held on the 24th day of June, 1968; and further that such resolution has been fully recorded in the journal of proceedings and records in my office. In Witness Whereof, I have here- unto set my hand this 25th day of June, 1968. (SEAL) Leo F. Frommelt, City Clerk, City of Dubuque, Iowa Department of Housing and Urban Development Mayor McCauley moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Resolution No. 289-68 Authoriz- ing the execution of Demolition Contracts No. 1-68 and No. 2-68 for the Downtown Urban Renewal Pro- ject Iowa R-15, was read by the Clerk. Councilman Pregler moved to re- open the matter of awarding con- tracts for consideration. Seconded by Councilman !Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. Councilman Pregler stated that the investigation reports on Dore Wrecking Co. were bad. Council- man Meyers, being out of the City, at the previous meeting, stated that something does not jell. Council- man Schultz stated that he does not question the investigation as mentioned by Councilman Pregler. Councilman Pregler moved that the Council go into executive Ses- sion, which was at 8:15 P.M. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Councilmen, Meyers, Preg- ler, Schultz. Nays—Mayor McCauley. Absent—Councilman Couchman. Members of the Council returned to the Chamber at 9:15 P.M. at which time Mr. Owen Riley, Presi- dent of General Drivers Union, was invited to comment which he did, Special Session, June 24, 1968 355 by stating that he was unable to get good references on the Dore Wrecking firm. However, Mr. Dore had no intention of sidetracking labor and offered to sign agree- ments with locals. Mr. Wittenberg stated that any- thing in dispute as to labor claims can be held up at time of consid- eration of payment for the comple- tion of contracts. Mayor McCauley moved that the contracts be awarded to Dore Wrecking Co. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 289.68 Authorizing the Execution of De- molition Contracts No. 1.68 and No. 2.68 for the Downtown Urb- an Renewal Project, Iowa R-15 WHEREAS, under date of May 29, 1968, the City Council of the City of Dubuque authorized the receiving of proposals for the de- molition and site clearance of cer- tain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, an Invitation for Bids for the said work was pub- lished on May 30, 1968 and June 6, 1968 in the Telegraph -Herald a newspaper of general circula- tion in Dubuque, Iowa; and WHEREAS, an Invitation for Bids was mailed on May 29, 1968 to various contrators; and WHEREAS, seven sealed propos- als were received, opened and read aloud by the City Clerk in Council Chambers at 10:00 A.M. June 11, 1968, Central Daylight Time; and WHEREAS, it has been deter- mined that the awarding of Demoli- tion Contracts No. 1-68 and No. 2• 68 to the lowest bidder is in the best interests of the City of Du- buque in undertaking the Down- town Urban Renewal Project, Iowa R-15; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the following de- molition and site clearance con- tracts be awarded to the lowest bidder, Dore Wrecking Company of Kawkawlin, Michigan. Contract No. Amount of C*Wract 1-68 $88,000.00 2M $96,000.00 Section 2. That the City Manager be and he is hereby authorized and directed to execute the afore- mentioned contracts on behalf of the City of Dubuque for the com- plete performance of the work. Passed, approved and adopted this 24th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin r. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Mayor McCauley moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 290.68 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 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Name Address Ace Muffler Service, 1285 Dodge Street Robert Bowen, 5 8th Avenue Clark Super 100 Service. 1005 Dodge Street D.A.V. Club, 2600 Dodge Street Plaza 20 Lester & Marie Eichorn, 1725 Delhi Street Leo B. Grass, 1105 University Av- enue Merlin George, 1481 Dodge Street Walter W. Knoll, 205 Kaufmann Avenue Darlene R. Kelly, 400 Rhomberg Avenue Darlene R. Kelly, 605 Dodge Street Darlene R. Kelly, Loras & Central Avenue K•Mart, 2600 Dodge. Street Plaza 20 Russell E Myers, 1618 Central Av. enue Paul F:. Moes, 1097 University Av- enue 356 Special Session, June 24, 1W, National Tea Company, 2103 Cen- tral Avenue National Tea Company, 1313 Dodge Street Nelson Norwood, Bunker Hill Golf Course Dorothy M. Olsen, 1097 Jackson Street Karl H. Oleson, 2071 Asbury Street Richard O'Hara, 70 South Locust Street Helen O'Mara, 1397 Washington Street Arthur W. Pins, 2699 J. F. Ken- nedy Road Randall's Foodarama, 2600 Dodge Street Plaza 20 John S. Siefker, 1081 University Avenue Thompson's Food Market, 250 West 1st Street Thompson's Food Market, 3200 Jackson Street Thompson's Food Market, 744 Main Street Thompson's Food Market, 3301 Pennsylvania Avenue LeRoy Utzig, 2600 Dodge Street Donald Arthofer, 532 East 22nd Street John B. Burgmaier, 2401 Windsor Avenue Ralph Baumhover, 801 Rhomberg Avenue Harold A. Casey, 655 Clarke Drive Earl G. Corbett, 408 West Locust Street R. J. Cremer, 713 Rhomberg Ave- nue Dubuque Marina, New City Harbor Ralph & Ken Fenelon, 3166 Jack- son Street Harry Gantert, 1301 Rhomberg Avenue Maxine Hoag, 103 East 22nd Street Iowa Commission for the Blind, Post Office Building John B. King, 2417 Rhomberg Ave- nue Catherine Lester, 1322 Central Avenue Mrs. John McEvoy, 775 East 6th Street Thelma Mardauss, 410 West 8th Street Thelma Mardauss, 1091 W h i t e Street Albert J. Ney, 1842 Central Ave- nue Don S a n d s, 2364 Washington Street Kathleen Wedig, 1398 Jackson Street George V. Weis, 400 East 22nd Street Kenneth Waul, 2850 Burlington Street Walsh Stores, 1301 Central Ave. nue Louis J. Winkler, 625 Central Ave- nue C. P. Welu, 20th & Jackson Street Joseph E. Bell, 263 Main Street Robert Beidler, 1075 Dodge Street Robert Beidler, 1122 Dodge Street Mary Bahl, 253 Main Street Alan Brayton, 3200 Central Ave. nue LeRoy Cain, 285 Locust Street D. B. Q. Inc., 4th & Locust Street Leo Diener, 35 Locust Street Eagles Club, 6th & Locust Street Adele Fens, 210 West 1st Street Virginia Hos, 241 Main Street Donald Jungblut, 4th & Locust Street Francis T. Kohl, 1700 Central Ave- nue James Kachevas, 493 Main Street Mutual Wheel, Jones Street Howard McCauley, 2198 Central Avenue Navy Club, Ship #67, 342 Main Street Dennis Ohnesorge, 535 Hill Street Denise O'Neill, 55 Locust Street Andrew Poulos, 926 Main Street Robert W. Potter, Dodge & Bluff Street Mrs. George Scherer, 1187 Iowa Street Fred J. Sievers, 880 Locust Street John J. Steffen, 690 West Locust Street Trausch Bakery, 25 Main Street Ronald Brayton, Asbury & St. Ambrose Karl Bahl, 1080 University Ave- nue Edward Bailey, 1298 Main Street Charles Cushing, 1091 Main Street Gene Evarts, 2678 Central Avenue Milton Fink, 3165 Central Avenue Dodge House Motel, 701 Dodge Street Elks Club, 7th & Locust Street Leona R. Friedman, 620 East 16th Street Vincent G i n t e r, 3003 Asbury Street Holiday Inn Motel, 1111 Dodge Street Gerald A. Kirchberg, 3165 Central Avenue Frank & Phyllis Licciardi, 869 Iowa Street Donald C. Linden, 914 Dodge Street Kenneth Robert Love, 802 Central Avenue Special Session, Dime 24, 1968 357 Shirley Mihalakis, 574 East 16th Street E. J. McNamara, 1050 University Avenue John Neumeister, 729 L i n c o l n Avenue Osco Drug, Inc., 703 Main Street Mrs. Emily Page, 75 East 4th Street, Joseph E. Reisdorf, 601 Lincoln Avenue Carol J. Ring, 1185 Dodge Street Carol J. Ring, 115 West 11th Street L. G. Schaffert, 1900 Washington Street Sears Roebuck & Company, 300 South Locust Street Donald C. Sharpe, 1630 East 16th Street Paul Schollmeyer, 176 Locust Street Carl Van Duelman, 590 Clarke Drive Harold B. Welter, 534 Rhomberg Avenue Anna R. Laury, 498 N. Grandview Avenue Marian J. Bridge, 2038 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 24th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman S e h u l t z moved adoption of the resolution. Sec- onded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 291-68 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB Eagles Club #568, 6th & Locust Street CLASS "B" BEER PERMIT Edward A. Bailey, 1298 Rhomberg Avenue Mrs. Helen Weiner, 709 Univer- sity Avenue John L. Savary, 827 Dodge Street Arthur W. Pins, 2699 J. F. Ken- nedy Road Thomas Andresen, 310 Main Street CLASS "C" BEER PERMIT Kenneth Waul, 2850 Burlington Street Fred Weiner, 1101 White Street Harold Casey, 655 Clarke Drive Eugene C. Evarts, 2678 Central Avenue Thompson's Food Markets, Inc., 744 Main Street Thompson's Food Markets, Inc., 250 West 1st Street Thompson's Food Markets, Inc., 3301 Pennsylvania Avenue Passed, adopted and approved this 24th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 29268 WHEREAS, applications f or Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT Rif SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. 358 Special Session, June 24, 1968 CLASS "B" BEER PERMIT PRIVATE CLUB Eagles Club #568, 6th & Central Avenue CLASS "B" BEER PERMIT Edward A. Bailey, 12418 Main Street Mrs. Helen Weiner, 709 Univer. sity Avenue John L. Savary, 827 Dodge Street Arthur W. Pins, 2699 J. F. Ken- nedy Road Thomas Andresen, 310 Main Street CLASS "C" BEER PERMIT Kenneth Waul, 2850 Burlington Street Fred Weiner, 1101 White Street Harold Casey, 655 Clarke Drive Eugene C. Evarts, 2678 Central Avenue Thompson's Food Markets, Inc., 744 Main Street Thompson's Food Markets, Inc., 250 West 1st Street Thompson's Food Markets, Inc., 3301 Pennsylvania Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. Passed, adopted and approved this 24th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Merlin F. Schultz Councilmen Attest: Leo F. Frommelt City Clerk Councilman S c h u l t z moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 293-68 WHEREAS, applications f or Liquir Permits have been sub- mitted to this Council for ap- proval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED, by the City Council of the City of Dubuque, Iowa, that t h e following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT --CHAPTER 123—as amended by the 60th General Assembly, 1963 CLASS "C" COMMERCIAL ESTABLISHMENT Thomas Andresen, 310 Main Street Edward A. Bailey, 1298 Main Street Arthur W. Pins, 2699 J. F. Ken- nedy Road Robert D. Bowen, 5 West 8th Ave. nue Donald M. Love, 250 West 61h Street June M. Noel, 2400 Central Ave. nue Joseph Edward Reisdorf, 801 Rhomberg Avenue Merlyn L. Weber, 1902 Central Avenue Paul Schollmeyer, 176 Locust Street Albert J. Ney, 1842 Central Ave- nue Ramona Fettgather, 1103 Iowa Street Raymond McLaughlin, 2222 Cen- tral Avenue Kenneth Jerome Love, 802 Central Avenue Passed, adopted and approved this 24th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 29468 WHEREAS, applications for Li- quor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager Special Session, June 24, 1918 359 be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Thomas Andresen, 310 Main Street Edward A. Bailey, 1298 Main Street Arthur W. Pins, 2699 J. F. Ken- nedy Road Robert D. Bowen, 5 West. 8th Ave- nue Donald M. Love, 250 West 6th Street June M. Noel, 2400 Central Ave- nue Joseph Edward Reisdorf, 601 Rhomberg Avenue Merlyn L. Weber, 1902 Central Avenue Paul Schollmeyer, 176 Locust Street Albert J. Ney, 1842 Central Ave- nue Ramona Fettgather, 1103 Iowa Street Raymond McLaughlin, 2222 Cen. tral Avenue Kenneth Jerome Love, 802 Central Avenue Passed, adopted and approved this 24th day of June, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. There being no further business Councilman Meyers moved to ad- journ. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Leo F. Frommelt City Clerk ApproveAS PZ ! ITl !er 9 1966 - Adopted ................. ... / .. ... .............. Councilmen r Attes :.' .. City Clerk Regular Session, July 1, 1968 361 OTY COUNCIL OFFICIAL Regular Session, July 1, 1968. Council met at 7:30 P.M. (D.S.T.) Present—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. City Manager Gilbert D. Chavenelle, Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is the REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may properly come before the meeting. June 26, 1968 To the Honorable Mayor and City Council Gentlemen: Street lighting has been request- ed for Elm Street between 22nd and 24th. Four 175 watt mercury vapor lights are requested. It is recommended that a 175 mercury light be installed at this location. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Pregler. Carried by the following vole: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. June 27, 1968 To the Honorable Mayor and City Council Gentlemen: It has been recommended by the staff that the following incandes- cent street lighting be removed: 1. N.E. corner 15th and Locust. 2. S.E. corner of Grant Park, or N.W. corner of 15th & LOCUBt. 3. North end Grant Park. 4. At the intersection of 16th and Locust, S.E. 5.17th and West Locust. It has also been recommended that 175 watt mercury vapor lights be installed at the fohowing loca- tions: 1. N.E. corner 15th and Locust. 2. S.W. corner of Grant Park or at the N.E. corner of West 15th & Bluff. 3. At a point near the center of the traffic island at the junc- tion of Locust Street and Bluff, install two luminairs such that one light is over Locust and one over Bluff. 4, At the north side of 16th and West Locust. 5. Approximately m i d -b ) o c k, north side of West Locust, or between 315 and 345 West Locust. 6. South corner of the intersec- tion of West Locust and 17th Streets. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the recommendation of the City Manager be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. July 1, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Treasurer and Acting City Auditor, as well as a list of claims, for the month of May 1968. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims of which warrants were drawn during May 1969, presented and read. C o u n c i l m a n Couchman moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilman Couchman, Meyers, Preg- ler, Schultz. Nays—None. Printed Council proceedings for the months of January and Feb - a 362 Regular Session, July 1, 1968 ruary 1968, presented for approv. al. Councilman Pregler moved that the proceedings for the months of January and February 1968 be approved as printed. Sec. onded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Communication of D u b u q u c County Municipal League advis- ing of a meeting of the League to be held at Cascade on July 10, 1968, presented and read. Coun- cilman Pregler moved that the communication be referred to the Council. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. July 1, 1968 Honorable Mayor and Council Members City Hall Gentlemen: On June 26, the City Planning and Zoning Commission held a public hearing on a proposal to amend the Zoning Ordinance to include Block 22 of Key Knolis Subdivision, in the area in which professional offices would be a permitted use. The site is approximately 2 acres and lies on the east side of Kennedy Road directly north of the Hoover Elementary School site. All access to the site is from Kennedy Road. All private prop- erty abutting this site is proposed to be classified Multiple Residence and the area across the street is classified Business at the present time. No one was present at the public hearing to speak in opposi- tion to the proposal and no writ. ten opposition was on file. It is the recommendation of the Planning and Zoning Commission that the Zoning Ordinance be amended to include the followini. described properties and real es tate in Article IV, section 2(h): Lot I of I.ot 2 of the north. east quarter of the southeast quarter of section 21, town- ship 89 north, range 2 east in the City of Dubuque, Iowa. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson Director of Planning Mayor McCauley moved that the recommendation of the Commis. Sion be approved and referred to the City Solicitor for proper pro. ceedings. Seconded by Councilman Couchman. Carried by the follow. ing vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. July 1, 1968 Honorable Mayor and Council Members Gentlemen: On May 17, the City Planning and Zoning Commission reviewed a request to have property at 1375 Locust Street reclassified from Multiple Residence to a Bus• iness classification. This property is occupied by the Ryan Mansion. The General Development Plan envisions this area as a high- density Multiple Residence area. After reviewing this request, it was the opinion of the Commis- sion that the Business District should not be expanded to include this area and to approve the re- quest by itself would be spot zon- ing. Following this action, a new request was submitted by the property owner asking that con- sideration be given to permitting the use of the restored house for tours and a place for meetings and dinners. This proposal was considered at a meeting of the Commission on June 26th. At that meeting it was pointed out that there are many buildings in the City that have: either historical or architectural significance and that there is a strong interest on the part of many citizens to see that these buildings are kept in tact. Most of the homes that fall in this category are in the Multiple Family District. Many of them are too large or are not desirable or economically feasible as a Single Family Residence and historical and architectural interest may be destroyed if they are converted to Multiple Family use. It was the J Regular Session, July 1, 1968 363 opinion of the Commission that preservation of such buildings is in the public interest. At the present time, there is a provision in the Multiple Resi- dence District Provisions that per- mits professional offices in certain portions of this district. The area in which professional offices would be permitted is described in the Ordinance. It was the opin- ion of the Commission that areas in which professional o f f i c e s would be permitted would also be appropriate for uses such as the applicant is interested in es- tablishing. It is the recommendation of the Commission that the Zoning Ordi- nance be amended to include in the Multiple Residence District Provisions which permit profes- sional offices in certain sections to also include: structures with historical or architectural signif- icance may be used for museums, tours, meeting rooms and private dinner parties for which fees may be charged. The Council will adopt the resolution stating that a building has historical or archi- tectural significance prior to the use being established. It is the thought of the Com- mission that the Council, in de- termining whether a building has historical or architectural signif- icance, could rely either on the recommendation of the Historical Society or on an appointed His- torical and Architectural Advisory Committee. cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider amend- ing the Zoning Ordinance No. 3-34 so as to change Lot 8 and 9 of Block 1 Sunset Park Sub. No. 1; Lot. 1 of 3 Lot 1 of 4, and all but the southerly 120' of Lot 2 of Lot 4 of John P. Mettel's Sub. No. 2; Lot 3, 4, Lot 2 of 5, Lot I of 5, Lot 2 of 6, Lot 1 of 6, Lot 2 of 7 and Lot 1 of 7 in Block 3 of Johansen Sub. in the City of Dubuque, Iowa from Single Fam- ily Residence District Classifica- tion to "MULTIPLE FAMILY RES- IDENCE DISTRICT CLASSIFICA- TION", presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler. Schultz. Nays—None. It is the opinion of the Com- mission that this amendment to the Ordinance would be in the best interests of the citizens of Dubuque and that it would make it possible to retain most of the buildings with either historic or architectural significance. Respectfully submitted. PLANNING AND ZONING COMMISSION Don Gilson Director of Planning Mayor McCauley moved that the recommendation of the Commis - Sion be approved and referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Coun- ORDINANCE NO. 44.68 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter de- scribed from "Single Family Residence District" Classifica- tion to "Multiple Family Resi- dence District" Classification, said Ordinance having been pre- viously presented and read at the Council meeting June 10, 1968, presented for Final Adop- tion. ORDINANCE NO. 44-6111 AN ORDINANCE AMENDING AND CHAKNOWNA5TZONING MAP AND ND IE TY N R 60 NCE A SO TO HCHANGE CERTAIN PROPERTY HEREINAFTER FAMILY RES BE SlST NCR FDI5 RICTNGCEASSIFICA- TION TO "MULTIPLE FAMILY REST NOW THEREFORE BE ITIFICATORDAINED DUC OWAIL. OF THE CITY OF BUQUE, Section 1, That Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same Is hereby amended by changing from "Single Feml'y Resi- dence District" Classification, to "Mul- ficaFamily ll n, the Residence District" fol owing described Clareal estate, to -wit: 384 Regular Session, July 1, 1968 Lot Parka Subdivision of Block in ltSunset the of Dubuque, Iowa, Lot 1 of Lot 3, Lot 1 of Lot 4 and 2 but Loth4 otuJohn P. M 120 ettelslSub- tlivislon No. 2, in the City of Du- buque, Iowa, Lot 3, Lot 4, Lot 2 of Lot 5, Lot 1 Lof Lot ot 6, Lot 2 of Lot Lot 7 of and lot I ofot lLot 7, a in Block 3 of Johansen Sub- division, in the City o1 Dubuque, Iowa. Passed, approved and adopted this 1st day of July, 1%8. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz. Donald R Meyers Gaylord M. Couchman Councilmen Aftesi: Leo F. Frommelt City Clerk Published officially in the Telegraph - Herald Newspaper this Sth day of July 1968. Leo F. Frommelt City Clerk Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend Zoning Ordinance No. 3-34 so as to change Lot 2 of 3, Lot 4 of 5, and Lot 6 of H e n r y Zieglers Subdivision from Single Family Residence Dis- trict Classification to Local Bus- iness A District Classification, pre- sented 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 Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 45-68 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque to as to change certain property hereinafter de- scribed from Single Family Res- idence District Classification to L o c a l Business "A" District Classification, said Ordinance having been previously present• ed and read at the Council meeting of June 10, 1968, pre- sented for Final Adpotion. ORDINANCE NO. 43-" AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3.34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT' CLASSIFICA. TION TO "LOCAL BUSINESS "A" DIS- TRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same is hereby amended by changing from "Single Faml:v Resi- dence District" Classification to "Local Business "A" District" Classification, the following described real estate, to - wit: Lot 2 of Lot 3, Lot 4 of Lot 5, and Lot 6 of Henry Zleglers Subdivision In the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest. Leo F. Frommelt City Clerk Published officially In the Telegraph- Heraid Newspaper this 51h day of July 1968. Leo F. Frommelt City Clerk Mayor McCauley moved final adoption of the Ordinance. Sec- onded by Councilman Prenler. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilman Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend Zoning Ordinance No. 3-34 so as to change the Southerly 120' of Lot 2 of 4 of John P. Mettels Sub. No. 2; Lot 1 of 3, Lot 2 of 1 of Henry Zieglers Sub. from Single Family Residence District Classification to Local Business "B" District Classification, 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 hear- ing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. ORDINANCE NO. 46-68 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change car, Regular Session, July 1, 1988 385 twin property hereinafter de- scribed from Single Family Res- idence District Classification to L e c a 1 Business "B" District Classification, previously Ordinance having been p y p -ed and read at the Council meeting of June 10, 1968, pre- sented for final adoption. ORDINANCE NO. "s AN ORDINANCE AMENDING AND CHANGING ORDINANCE 7 NTNG MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE SO AS TO CHANGE. CER- TAIN PROPERTY HEREINAFTER DE- SCRIBED FROM "SINGLE FAMILY RES- IDENCE DISTRICT" CLASSIFICATION TO 'LOCAL BUSINESS "B" DISTRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BByD1HjBUQ Y C OWA:ID OF THE CITY oir Section 1. That Ordinance No. 3.34 Ordinance of the City of Dubuquand e Iowa be and the same is hereby amended by changingg from "Single Family Resi- dence Dlstrict" Classification to Local Business ^B" District" Classification. the following described real estate, to - wit: The southerly 120 feet of Lot 2 of Lot 4 of the John P. Mettela Sub- division No. 2 in the City of Dubu- yue, Iowa. Lot 1 of Lot 3, Lot 2 of Lot 1 of the Henry Zleglers Subdivision In the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of July, 1989. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Published officially in the Telegraph. Herald Newspaper this 5th day of July 1998. Leo F. Frommelt, City Clerk Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Mr. Terry Schwennsen addressed the Council as to the proposed construction of the car -wash, after which time Mayor McCauley moved that the petition be re- ferred to the Building Department with authority to act. Seconded by Councilman Couchman. Car- ried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at 885 Kane Street, presented and read. Councilman Pregler moved that the petition be granted sub- ject to approval of the Engineer- ing Department. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg• ler, Schultz. Nays—None. Petition of Swift Plumbing & Heating Co. requesting permission to excavate at 493 Arlington Street on an emergency basis, presented a n d read. Councilman Meyers moved that the petition be grant- ed. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler. Schultz. Nays—None. Petition of Russell Evans re- questing a refund of $50. on the unexpired portion of Class "B" beer license having discontinued business on June 22, 1988, pre- sented a n d read. Councilman Pregler moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. Sec - Petition of Terry Schwennsen onded by Councilman Meyers. Car- requesting permission to construct ried by the following vote: a car -wash on the Northwest cor- Yeas—Mayor McCauley, Coun- ner of Asbury & Kennedy Road, cilmen Couchman, Meyers, Preg- to the rear of the present Conoco ler, Schultz. station, presented and read. Coun- Nays—None. cilman Meyers moved that the Petition of Mrs. George T. Vrot- rules be suspended in order to sos Admr. George T. Vrotsos Es - let anyone present address the tate requesting a refund of $100. Council if they so desire. Second- on the unexpired portion of cigs- ed by Councilman Pregler. Car- rette license No. 73, as he has ried by the following vote: discontinued business on June 17, Yeas—Mayor McCauley, Coun- 1968, presented and read. Council' 386 ]Regular Session, July 1, 1968 man Pregler moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Notice of claim of Mrs. Ida Blaine, in the approximate amount of $358.50 for personal property damage as the result of a backed - up sewer at her home at 930 W. Locust Street on June 26, 1968, presented and read. Mayor Mc. Cauley moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas ­—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Notice of claim of Richard Rich- man of 2204 Graham Circle, in the amount of $2000. for personal injuries and property damage re- ceived as the result of his car going into an open excavation at 5th & Central Ave. on June 20, 1968, presented and read. Mayor McCauley moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by tLe Publisher, of notice of Public hearing to consider pro- posal to dispose of the unvacated portion of 18th Street from Syca- more eastward to Lynn Street; the unvacated portion of Lynn Street from 18th Street south to 17th Street; the unvacated por- tion of 17th Street from Sycamore to Lynn Street; the alley running north and south parallel to Syca- more Street between 17th and 18th Street to Dubuque Packing Company for the sum of $500. Plus publication costs, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publica- tion be received and filed. Sec. onded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 295.68 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspa- per of general circulation pub- lished in the City of Dubuque, Iowa, on June 7, 1968 and June 14, 1968, City Council of Dubuque, Iowa, met on the 1st day of July, 1968, at 7:30 o'clock P.M. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque to the un - vacated portion of 18th Street from Sycamore Street eastward to Lynn Street; the unvacated por- tion of Lynn Street from 18th Street south to 17th Street: the unvacated portion of 17th Street from Sycamore Street to Lynn Strect; and the alley running north and south parallel to Syca- more Street between 17th Street and 18th Street to Dubuque Pack- ing Company; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Dubuque Packing Company. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Dubuque Packing Company covering the following described real estate, to -wit: The unvacated portion of 18th Street from Sycamore Street eastward to Lynn Street; The unvacated portion of Lynn Street from 18th Street south to 17th Street; The unvacated portion of 17th Street from Sycamore Street to Lynn Street; Regular Session, July 1, 1868 367 The alley running north and south parallel to Sycamore Street between 17th Street and 18th Street; all in the City of Dubuque, Iowa, for the total purchase price of $500.00 be and the same is hereby approved, subject to the follow- ing terms and conditions, to -wit: 1. No abstract of title shall be furnished. 2: That. the conveyance of the above described portions of real estate shall be subject to existing easement for pub lie utilities and City of Du buque reserves any interest therein for City easements such as sanitary sewer, storm sewer, water mains or water lines. 3. That the costs of publication shall be borne by Dubuque Packing Company. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Dubuque Packing Company upon receipt of total purchase price in the amount of $500.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 1st day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Coun oilmen Couchman, Meyers, Preg ler, Schultz. Nays—None. that portion of James Street south of Langworthy Avenue in the City of Dubuque to St. Joseph Mercy Hospital of Dubuque, Iowa for the sum of $2500. 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 Couchman moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Coun oilmen Coucl.man, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of Public hearing to consider pro- posal to dispose of the east 10' Of Lot 11 of Massey Heights and RESOLUTION NO. 296.68 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a news- paper of general circulation pub- hsned in the City of Dubuque, Iowa, on June 12, 1968 and June 19, 1968, City Council of Dubuque, Iowa, met on the 1st day of July, 1968, at 7:30 o'clock P.M. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque to East 10 feet of Lot 11 of Massey Heights in the City of Dubuque, Iowa, and that portion of James Street lying south of Langworthy Avenue in the City of Dubuque, Iowa to St. Joseph Mercy Hospital of Du- buque, Iowa; and WHEREAS, City Council of Du. buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to St. Joseph Mercy Hospital of Du- buque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to St. Joseph Mercy Hospital of Dubuque, Iowa cover- ing the following described real estate, to -wit: East 10 feet of Lot 11 of Massey Heights in the City of Dubuque, Iowa, and that por- tion of James Street lying 368 Regular Session, July 1, 1968 south of Langworthy Avenue in the City of Dubuque, Iowa, for the total purchase price of $2500.00 be and the same is here by approved, subject to the fol- lowing terms and conditions, to - wit: 1. That no abstract of title shall be furnished and costs of publication shall be paid by the purchaser. 2. Purchaser shall assume re- sponsibility of drainage of surface water from James Street and Langworthy Ave- nue. 3. Sale of said real estate shall be subject to easements of record and existing easements which shall be reserved unto the City of Dubuque, Iowa, and casements shall be re- served for easements of rec- ord and existing easements for public utilities together with the right of ingress thereto and egress therefrom for the purpose of repair and maintenance thereof. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to St. Joseph Mercy Hospital of Dubuque, Iowa upon receipt of total purchase price in the amount of $2500.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 1st day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Councilmen Leo F. Frommelt City Clerk Mayor McCauley moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz, Nays—None, RESOLUTION NO. 297.68 WHEREAS, on January 23, 1967, the City Council of Dubuque, Iowa, passed, approved and adopt. ed Resolution No. 25-67, which provided among other things, that the Dubuque Industrial Develop. ment Corporation be granted the first right of refusal to purchase for the sum of $3,500.00 per acre upon the same terms contained in Resolution No. 25-67, the fol. lowing described real estate: Lot 2 of Lot 2 of Block 6 of River Front Subdivision No. 3, in the City of Dubuque, Iowa, and; WHEREAS, in said Resolution No. 25-67 and the conveyance made pursuant thereto, there was contained a requirement that the purchaser construct a building of not less than 40.000 square feet within twelve (12) months of the date of delivery of the deed con- veying said property, and; WHEREAS, said building has been constructed, and; WHEREAS, the parties interest- ed and concerned in Resolution No. 25.67 intended that said right of refusal be limited to and con- fined to five (5) acres of said Lot 2 of Lot 2 of Block 6 of River Front Subdivision No. 3 abbuting Lot 1 of Lot 2 of Block 6 of River Front Subdivision No. 3, so as to provide for contemplated expan- sion of the business to be operated on Lot 1 of Lot 2 of Block 6 of River Front Subdivision No. 3, which property was conveyed by the City of Dubuque to Dubuque Industrial Development Corpora- tion pursuant to the terms of Resolution No. 25.67, and that no building requirement should be applicable to the said five (5) acre tract of Lot 2 of Lot 2 of Block 6 of River Front Subdivi- sion No. 3, and; WHEREAS, Dubuque Industrial D e v e I opment Corporation con- veyed its interest in said real estate, including its right of first refusal to AMERICAN TRUST & SAVINGS BANK, Trustee of DU- BUQUE PACKING C O M P A N Y PENSION TRUST, which in turn leased the said real estate to MARILL CHEMICAL COMPANY, an Iowa corporation, and; J Regular Session, July 1, 19(18 389 WHEREAS, the American Trust & Savings Bank, Trustees of Du- buque Packing Company Pension Trust by written communication to the City Council of Dubuque, Iowa, expressed its intent to ex- ercise its assigned right of first refusal, and; WHEREAS, the five (5) acre tract hereinabove referred to has been plotted and is now described as follows: Lot 1 of the Subdivision of Lot 2 of Lot 2 of Block 6, "River Front Subdivision No. 3", in the City of Dubuque, Iowa. and; WHEREAS, it appears to the City Council of the City of Du- buque, Iowa, that the disposal of Lot 1 of the Subdivision of Lot 2 of Lot 2 of Block 6 of "River Front Subdivision No. 3", in the City of Dubuque, Iowa, to Amer- ican Trust & Savings Bank, Trus- tee of Dubuque Packing Company ved Pension Trust, should be app upon the conditions hereinafter set forth: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest by the City of Du- buque, Iowa, to American Trust & Savings Bank, Trustee of Du- buque Packing Company Pension Trust, of the following described real estate: Lot 1 of the Subdivision of Lot 2 of Lot 2 of Block 6, River Front Subdivision No. 3", in the City of Dubuque, Iowa, be and the same is hereby ap- proved upon the following terms and conditions: 1. Sale price shall be $3,500.0 per acre. thereon, then the construction and use of said premises shall be in accordance with City of D u b u q u e Ordinance No. 3-34 known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, as amended by Ordinance No. 33-59, establishing and defining "Restricted Industri- al District". 3. That the City reserves and r e t a i n s unto itself perpetually easements in and to said real estate covering any utilities pres- ently installed and located in the said real estate and the City of Dubuque reserves and retains un- to itself a perpetual easement for flood dike and for railroad tracks to be located therein and to serve the said real estate and the City reserves and retains unto itself a perpetual easement 20 feet in width presently existing in the maintenance of rip -rap, all of which easements hereinabove re- served and retained shall include the right of ingress thereto and egress therefrom. 4. That American Trust & Sav- ings Bank, Trustee of Dubuque Packing Company Pension Trust, and Marill Chemical Company, an Iowa corporation, shall each ex- ecute and deliver to the City of Dubuque, Iowa, Quit Claim i s right, Deed conveying all title and interest in and to: Lot 2 of Lot 2 of Lot 2 of Block 6 "River Front Subdivi. sion No. 3" in the City of Dubuque, Iowa. PASSED, APPROVED AND ADOPTED this 1st day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz 0 Donald R. Meyers Gaylord M. Couchman Councilmen 2. The provisions of Resolution No. 25-67 to the contrary notwith- standing there shall be no re- quirement that a building be con- structed on Lot 1 of the Subdivi- sion of Lot 2 of Lot 2 of Block 6, "River Front Subdivision No. 3", in the City of Dubuque, Iowa, although the express purpose of said conveyance is the promotion and encouragement of industrial development of this property, and if any building is constructed Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adop tion of the resolution subject to reserving of well rights. Seconded by Councilman Couchman. Carried by the following vote: Coun- cilmen McCauley, Puu - cilmen Couchman, Meyers, ler, Schultz. Nays—None. 370 Regular Session, July 1, 1968 RESOLUTION NO. 298.68 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, compos- ed of Sylvester McCauley, Mayor, Joseph Voelker, Chairman of Dock Board and Robert E. Dorothy, Manager of Dubuque Industrial Bureau has recommended to the City Council of Dubuque, Iowa, that the application to purehase certain real estate by Dubuque Industrial Development Corpora- tion for the purpose to construct and erect a plant thereon; and WHEREAS, the City Council of Dubuque, Iowa, has examined said application and said recommenda tion by the Mayor's Industrial Committee and find that the sale of said real estate should be ap proved; and WHEREAS, said real estate sought to be purchased by Du- buque Industrial Development Cor- poration is described and known as follows: A parcel of land lying partly in Block 5 and partly in Block 6 of River Front Subdivision No. 3 in the City of Dubuque, Iowa, containing approximate- ly 4 acres. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Dubuque Industrial Develop. ment Corporation to purchase a parcel of real estate in the Indus trial Park of Dubuque, Iowa, which real estate shall hereafter be de- scribed and known as follows: Lot 2 of the Subdivision of T.ot 2 of Lot 2 of Block 6 of "River Front Subdivision No. 3" and Lot 2 of the Subdivis- ion of Block 5, "River Front Subdivision No. 3" in the City of Dubuque, Iowa, be and the same is hereby ap. proved upon the following terms and conditions: A. That. said parcel of real estate be sold to Dubuque Industrial Development Corporation for the construction of a new plant; B. That the sale of said real estate shall be at the rate of Five Thousand ($5,000.00) Dollars per acre or a total purchase price of $20,000.00, and receipt of down payment of $2,000.00 is herewith acknowledged, C. That construction of said plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchasers said real estate shall revert to the City of Dubuque, Iowa, and purchase price less damages shall be refunded to the purchasers. D. That the construction of all building, buildings, yards, park. ing lots, fences shall be con- structed in conformance with existing City codes. E. That the Dubuque Industrial De. velopment Corporation shall have the right of first refusal to purchase an additional three acres lying immediately north and adjacent to the tract of land hereinabove described, at a price equivalent to the same price as contemplated in the sale of said premises to any other purchaser and upon the same terms and conditions as hereinabove set forth in A., C., and E. above. Section 2. That Resolution No. 206-68 and Resolution No. 253.68 be and the same are hereby repeal- ed and of no further force and effect. Section 3. That the City Clerk be and he is hereby directed to Publish notice of intent to dis- pose of interest in real estate as is by law required. Passed, adopted and approved this 1st day of July, A.D., 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt, City Clerk Mayor McCauley moved adoption of the resolution subject to reserv- ing of well rights. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 299-68 BE IT RESOLVED by the City Council of the City of Dubuque, J Regular Session, July 1, 1968 371 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. Name Address Thomas Andresen. 320 Main Street Cruso A. Alba, 2601 Jackson Street Maryel M. Birkett, 1064 University Avenue Marshall R. Birch, 62 Locust Street Robert L. Becker, 2418 Central Av- enue Donald C. Brimeyer, 1100 Lincoln Avenue Mrs. Josephine Burke, 531 Main Street Creslanes Bowling, Inc., 255 S. Main Street Robert E. Cahill, 402 Locust Street John Cavanaugh, 698 Central Av- enue M. L. Donovan, 1876 Central Av- enue Linnie Dunbar, 504 Central Avenue Victoria Ellis, 120 West 4th Street Robert Freund, 805 West 5th Street Alford Finch, 1347 Central Avenue Theodore Ferring, 385 East 13th Street John Glynn, 336 Main Street Richard Joe Giacoletto, 1121 Uni- versity Avenue Raphael W. Grant, 3050 Asbury Street William Hancock, 2205 Carter Road Robert Hantelmann, 902 Main Street Myril F. Healy, 205 Locust Street Carl Herburger, 2987 Jackson Street Robert J. Kehl, 62 Locust Street Elizabeth Krajnovich, 239 West 6th Street Theodore G. Kanavas, 1698 Elm Street Kissel Grocery, 611 University Av- enue Marcella McCarty, 2093 Washing- ton Street Catherine M. Meyer, 530 East 22nd Street Mercy Gift Shop, James & Pea- body Street Eugene Mulgrew, 2616 Windsor Avenue Cyril N. Meitl, 1555 Central Avenue Colleen Nagelmaker, 3203 Jackson Street Donald Plumley, 5th & Locust Street [ichael Pusateri, 1292 Main Street [arcille Pauly, 1200 Iowa Street loris Riekena, 301 Main Street Cobert Ruegnitz, 629 Rhomberg Avenue oseph Sutter, 3195 Jackson Street 'Puper 20 Drive In Theatre, Inc., J. F. Kennedy Road 4athais A. Schneller, 132 Eighth Avenue Robert E. Sullivan, 620 South Grandview Avenue Melvin A. Spiegelhalter, 1029% Main Street Richard N. Stecklein, 450 West Locust Street Raymond Tschiggfrie, 1190 Dodge Street Sylvester A. Weiner, 201 East 22nd Street Donald E. Wertz, 1545 S. Grand- view Avenue Beatrice Winkler, 1400 Central Avenue Chuck W. Wong, 378 Main Street Xavier Hospital Gift Shop, Davis & Windsor Avenue Mrs. Alice Erschen, 2617 Windsor Avenue Marco Giunta, 2022 Central Avenue Wayne Johnston, 255 Locust Street Harold Peterman, 2119 Rhomberg Avenue J. F. Stampfer Co., 800 Main Street BE IT FURTHER RESOLVED that the bonds filed with the aPPli- cation be approved. Passed, adopted and approved this 1st day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Coun Yeas—Mayor McCauley, cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 30068 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, 372 Regular Session, July 1, 1968 BE TT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB Navy Club, Ship #67, 342 Main Street American Legion Post. 06, 75 West 4th Street CLASS "B" BEER PERMIT Michael F. Pusateri (Transfer from 1292 Main St.), 2560 Dodge Street Kenneth Jerome Love (Transfer from 802 Iowa Street), 802 Cen- tral Avenue Theodore G. Kanavas, 1689 Elm Street Mrs. Elizabeth Krajnovich, 239 West 6th Street Melvin A. Spiegelhalter, 1029', Main Street Donald T. Sand, 2364 Washington Street Catherine M. Meyer, 530 East 22nd Street Mary R. Bahl, 253 Main Street Leo B. Grass, 1105 University Av- enue Mrs. Catherine Lester, 1322 Central Avenue Mareiile Pauly, 1200 Iowa Street CLASS "C" BEER PERMIT Robert L. Becker, 241.8 Central Av. enue Passed, adopted and approved this 1st day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 301.68 WHEREAS, applications for Beer Permits were filed b%, the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT R& SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di. rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT PRIVATE CLUB Navy Club, Ship #67, 342 Main Street American Legion Post #6, 75 West 4th Street CLASS "B" BEER PERMIT Michael F. Pusateri (Transfer from 1292 Main Street), 2560 Dodge Street Kenneth Jerome Love Mansfer from 802 Iowa Street), 802 Cen- tral Avenue Theodore G. Kanavas, 1689 Elm Street Mrs. Elizabeth Krajnovich, 239 West 6th Street Melvin A. Spiegelhalter, 1029% Main Street Donald T. Sand, 2364 Washington Street Catherine M. Meyer, 530 East 22nd Street Mary R. Bahl, 253 Main Street Leo B. Grass, 1105 University Av- enue Mrs. Catherine Lester, 1322 Central Avenue Marcille Pauly, 1200 Iowa Street CLASS "C" BEER PERMIT Robert L. Becker, 2418 Central Av- enue venue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 1st day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Regular Session, July 1, 1968 373 Yeas—Mayor McCauley, Council men Couchman, Meyers, Pregler, Schultz. ' Nays—None. RESOLUTION NO. 302.66 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE TRE - SOLVED, by Y Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "A" LIQUOR LICENSE Benevolent and Protective Order of Elks, #297, 7th & Locust Street CLASS "C" COMMERCIAL ESTABLISHMENT Michael F. Pusateri, 2560 Dodge Street Marcille A. Pauly, 1200 Iowa Street Aristo Foods of Iowa, Inc., 1111 Dodge Street Donald T. Sand, 2364 Washington Street Harry W. Gantert, 1301 Rhomberg Avenue Mrs. Josephine Burke, 531 Main Street Florence Herburger, 2987 Jackson Street Richard N. Stecklein, 450 West Locust Street Mrs. Elizabeth Krajnovich, 239 West 6th Street Cyril Meitl, 1555 Central Avenue Creslanes Bowling, Inc., 255 S. Main Street Russell E. Myers, 1618 Central Av- enue Alice Erschen, 2617 University Av- enue Passed, adopted and approved this 1st day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop tion of the resolution. Secondee by Councilman Pregler. Carried 1.y the following vote: Yeas—Mayor McCauley, Council- men Couchmaq Meyers, Pce0w, ichuhL Nays—None. RESOLUTION NO. 30366 WHEREAS, applications for Liq- xor Permits were filed by the with - .n named applicants and they have received the approval of this Coun- -iI, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT M SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to b- icaued to the following named applicants a Liquor Permit. CLASS "A" LIQUOR LICENSE Benevolent and Protective Order of Elks, #297, 7th do Locust Street CLASS�I N C COMMERCIAL ESTABLISHMENT Michael F. Pusateri, 2580 Dodge Street Marcille A. Pauly, 1200 Iowa Street Aristo Foods of Iowa, Inc., 1111 Dodge Street Donald T. Sand, 2364 Washington Street Harry W. Gantert, 1301 Rhomberg Avenue Mrs. Josephine Burke, 531 Main Street Florence Herburger, 2987 Jackson Street Richard N. Stecklein, 450 West Locust Street Mrs. Elizabeth Krajnovich, 239 West 6th Street Cyril Meitl, 1555 Central even 3 Inc., 255Creslanes Bowling, Main Street Russell E. Myers, 1818 Central Av enue Alice Erschen, 2617 University Av- enue Passed, adopted and approved this 1st day SylvesterJull 96 McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk 374 Regular Session, July 1, 1968 Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Mayor McCau- ley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Approved J1 ovember 968 ................ Adopted Ngvember 18..1.968. ....I .............................. Clerk Special Session, July 15, 1988 375 CITY COUNCIL OFFICIAL Special Session, July 15, 1968. Council met at 7:30 P.M. (D.S.T.) Present—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adop- tion of a RESOLUTION DETER. MINING WHETHER OR NOT PUB- LIC CONVENIENCE AND NECES- SITY WILL BE SERVED BY THE CONSTRUCTION OF A TWO LEVEL MOTOR VEHICLE PARK- ING RAMP FROM STH STREET TO 6th STREET, BETWEEN IOWA STREET AND THE EAST SIDE OF THE ALLEY BETWEEN IOWA AND MAIN STREET, and acting upon such other business as may properly come before a regular meeting of the City Council. Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Dubuque County Abstract & Title Co. advis- ing of proposal to construct a four unit office building on the south half of forty foot strip of ground between Iowa and the alley from 8th to 9th in the Urban Renewal area, presented and read. Councilman Pregler moved that the communication be received and filed and that the rules be sus. pended to allow Mr. Cooper to address the Council. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, iSchultz. Nays—None. July 3, 1968 Honorable Mayor and Members of the City Council Re: Midwest Developers, Inc. Gentlemen: At the request of City Solicitor Romolo N. Russo, we are enclosing herewith a copy of the Plat of the Subdivision of Lot 1 of Lot 2 of Lot 2ofLot 2ofLot 2ofLot2 of the Northeast Quarter of the Northeast Quarter of Section 28, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Iowa, showing a proposed street which, upon its completion, will be dedicated to the public. Construction of the street will, of necessity, have to await develop- ment of the property adjacent to it on the North and the removal of the large volume of dirt on that property. Respectfully yours, O'Connor, Thomas, Wright, Ham- mer & Bertsch Robert M. Bertsch Counsel for Midwest Developers, Inc. Councilman Meyers moved that the communication be received and made a matter of record. Second- ed by Councilman Couchman. Car- ried by the following vote: Mr. Cooper presented a sketch of the proposed building and ex- pressed concern as to when he would be forced to move from his present location, time being of the essence, for relocation of his business. Mayor McCauley moved that the communication be referred to the Administration for conference. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. July 5, 1968 City of Dubuque, Iowa City Hall Attn. John White City Engineer At our meeting July 2, 1968 with our consulting engineers Henning - son Durham and Richardson and Cullen and Schiltz and Associates in regard to our future shallow well supply at Eagle Point. It was determined from test wells already drilled that the City re- serve for a future well field the following property in Industrial Subdivision No. 3. An area with a minimum depth of thirty (30) feet along the south easterly lot line and adjacent to the sea wall dike, in all the remaining property in Lot 5 of Riverfront Subdivision No. 3, after the sale of Dubuque Industrial Corporation as stated in Resolution 298.68 and 376 Special Session, July 15, 1968 approved at. the July 1, 1968 City Council Meeting. Sincerely, J. J. Hail Superintendent Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley. Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. July 11, 1968 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted writ- ten examinations on Wednesday evening, July 10, 1968, for persons seeking the position of GARAGE MECHANIC. The following named persons passed the written examinations and their names are hereby certi- fied. Harold N. Bertling Sr.............84.3% Lloyd E. Lubbers ....................84.3% Melvin J. Mai ..........................75.7% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Attest: Civil Service Commission Leo F. Frommelt, City Clerk Subscribed and sworn to before me this llth day of July 1968, Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz, Nays—None. July 15, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly report of the City Water Depart- ment and a list of payrolls for which warrants wcrc drawn for the month of May, 1968. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Couch. man. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. Notice of Appeal by Goodyear Tire & Rubber Co. from award of damages as lessee of Lots 252, 252A and 253 in the amount of $25.000 as the result of Urban Re- newal, presented and read. Mayor McCauley moved that the notice be referred to the City Solicitor. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Notice of Cross appeal of R & S Investment Corporation from the appraisal and award of damages made by the Commission on Lots 252, 252A, and 253 in the amount of $110,000 as the result of Urban Renewal presented and read. Mayor McCauley moved that the notice be referred to the City Solicitor. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor McCauley. Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Notice of Cross Appeal of R & S Investment Corporation and Shike- Richardson Inc. from the appraisal and award of damages by the Com- mission on Lots 214. 215 and 215A in the amount of $225,000, as the result of Urban Renewal, presented and read. Mayor McCauley moved that the notice be referred to the City Solicitor. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Notice of Claim of John E. Hoff- man of Hawkeye Heights, in the acount of $83.43 as the result of car damage sustained due to a falling limb of a rotten tree, at Special Session, July 15, 1968 377 Rhomberg & Roosevelt Streets, on June 14, 1968. presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 49-68 An Ordinance Amending Ordin- ance No. 3-34 known as the Zon- ing Map and Zoning Ordinance of the City of Dubuque, Iowa, by Amending Article IV, Section 2, (h) thereof to include certain described Real Estate in which Professional Offices or Studios of a Physician, Dentist, Architect, Engineer, Lawyer, Realtor, In- surance, Musician or similar pro- fessions may be permitted, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved that a public hearing be held on the Ordinance on August 5, 1968, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Anne Rooney et al re- questing the installation of ade- quate street lighting on Diagonal Street, presented and read. Coun- cilman Pregler moved that the peti- tion be referred to the City Manag- er and Electrical Inspector for in- vestigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Northwestern Bell Telephone Co. requesting permis- sion to excavate on Kennedy Road to place telephone conduit, present- ed and read. Councilman Schultz moved that the petition be approv- ed subject to approval of the Engi- neering Department. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Northwestern Bell Telephone Co. requesting permis- sion to excavate in Clarke Drive to install conduit, presented and read. Councilman Schultz moved that the petition be approved. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Virginia Beckett et al (19 signers) requesting a curfew, presented and read. Councilman Pregler moved that the petition be referred to the Council. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Fuerste & Carew re- questing rezoning from Single Fam- ily District Classification to Local Business "A" classification Lot 2A Physicians Place, Lot 2 of 2 of Lot 5, Lots 5A, 5B, 5C, 5D, 5E, 6A, North 100' of Lot 11, N. 50' of Lot 12, Lot 12A of the Sub. of M.L. 149 (property bounded by Dodge street on the north, S. Hill Street on the east, Curtis street on the south, York street on the west) presented and read. Councilman Meyers moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- 378 Special Session, July 15, 1968 man Schultz. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays --None. Petition of Mrs. Agnes Clancy et a1 (.110 signers) requesting an investigation into the heavy and noisy traffic generated on First street, presented and read. Mrs. Gene Kriebs, speaking in behalf of her mother Mrs. Clancy, and Mrs. Blocklinger of 105 Bluff Street addressed the Council in support of the petition. Mayor McCauley moved that the petition be received and filed and the matter referred to the City Manager and Traffic Department for study and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in Clarke Drive to repair a service stub, presented and read. Council- man Pregler moved that the peti- tion be granted. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, McCauley, Pregler, Schultz. Nays—None. Petition of Fuerste & Carew and Kinlzinger and Kintzinger, attor- neys in behalf of Mrs. James Dock - al et al (473 residents) in and around the Grandview Ave. area objecting to the foul odor emanat- ing from the blood drying plant located in the south end of the City presented and read. Attorney Wm. Fuerste spoke in behalf of the petitioners and in his opening remarks he summed up the situation in two words "it slinks". The people who signed the petition have been very pa- tient during the six months that the odor has been in existence. He requested the enactment of an Ord. inance on a breach of public peace. This matter should be treated for just what it is "a public offense". It is definitely prohibited. Attorney Russo in rebuttal to Mr. Fuerste's argument stated that in his opinion enactment of an Ordinance would not solve the problem, and he would be disposed to seek injunctive relief. Attorney Al Hughes spoke in be. half of the owner Mr. Saul Green. stein and Inland Molasses Co. by stating that neither suggestion as submitted by attorney Fuerste and attorney Russo is attractive. This blood drying plant has been de- signed to be absolutely odor free. He requested that the petitioners bear with the owners of the plant because they are working feverish- ly trying to get the plant on a one hundred percent odor -free opera- tion. They definitely have no in- tention of emitting odors at any time and are going through con- siderable expense to have the situa- tion corrected as soon as possible. Mayor McCauley moved that the petition of objection be referred to the City Solicitor for his recom- mendation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Dubuque Jaycees Summer Festival requesting a re- fund of $150. on the unexpired portion of Class B Beer License No. 63, as they have discontinued business on June 24, 1968, present- ed and read. Councilman Meyers moved the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz, Nays—None. RESOLUTION NO. 304-68 Accepting Delivery of Deeds for the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United Stales of America ent- ered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa 5.15; and WHEREAS, the City of Dubuque, pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for Special Session, July 15, 1968 379 the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R•15, certain parcels of real estate by purchase; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the following described parcels of real estate in the Downtown Urban Re newal Project, Iowa R•15 is hereby ratified and accepted by the City of Dubuque. Grantor: Grand Opera House, an Iowa Corporation, Deed dated June 6. 1968, Recorded in Book 195, Page 684; Property Description: Lot 173 in the City of Dubuque, Iowa according to the United States Commissioners' Map of the Survey of the Town (now City) of Dubu- que, Iowa. (Parcel 5-1) Grantor: Charles H. Bradley. Jr. and Carolyn Bradley, Deed dated June 3, 1968, Recorded in Book 195, Page 683. Property Description: South One Half (%) of Lot 175 in the City of Dubuque, Iowa, accord- ing to the United States Commis- sioners' Map thereof. (Parcel 5-11) Of Dubuque. Iowa, according to the recorded plat tbecrof. (Parcel 8-11) Grantor: Jack Solomon and Ann S,)lonlon, Deed dated ,Tune 4, 1968. Recorded in Book 195, Page 641. Property Description: The North 19 feet 2 inches of the South 33 feet 6 inches of Lot 62, and the South- erly 14 feet 4 inches of Lot 62, in the City of Dubuque, Iowa, accord- ing to the United States Commis- sioners' Map of the survey of said town. (Sometimes described as the South 33 feet 6 inches of Lot 62 in the City of Dubuque, according to the United States Commission- ers' Map thereof. (Parcel 12-14) Grantor: Irene Keller and S. J. Keller; Florence Murphy; Mary Murphy; and John F. Murphy and Mary Ellen Murphy, Deed dated June 5, 1968, Recorded in Book 195, Page 713. Property Descrip- tion: The Northerly (sometimes called north) one-half of Lot 237 (sometimes called In Lot 237) in the City of Dubuque, Iowa, accord- ing to the United States Commis- sioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 13- Grantors: Dubuque Metal Trades Council Club of Dubuque, Iowa, Deed dated May 8, 1968, Recorded in Book 195, Page 435. Agnes Clan- cy, Deed dated April 30, 1968, Re- corded in Book 195, Page 437. Uni- ion Labor Building of Dubuque, Iowa, Deed dated April 15, 1968. Recorded in Book 195, Page 438. Property Description: The East 37% feet of City Lot 180 and the South 8 feet of City Lot 179 in the City of Dubuque, Iowa, according to the Government plat thereof, and the Easterly ',� of a strip of land 3 feet wide by 75 feet long ad- joining Lots 1, 2 and 3 in Weigel's Subdivision, and commonly refer- red to as the Easterly 11i of the Lot designated "Water Way 3% feet wide by 75 feet long" in Weigel's Subdivision of City Lot 180 and the South 11 feet of City Lot 179 in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof. Also described as Lot 1 and the Easterly % of the Lot designated "Water Way 3% feet wide by 75 feet long" in Weigel's Subdivision of City Lot 180 and the South 11 feet of City Lot 179, in the City 6) Grantor: Marion Van Horne and Romalda Van Horne, Deed dated June 7, 1968, Recorded in Book 195, Page 657. Property Description: The South 20 feet 6 inches of Lot 65A in the City of Dubuque, Iowa, according to the United States Commissioners' Plat of said Town, now City of Dubuque, Iowa. (Parcel 15-11) Grantor: Ray N. Clemens and Marcella E. Clemens, Deed dated June 7, 1968. Recorded in Book 195, Page 656. Property Description: South 30 feet 4 inches of Lot 225, Lot 226, Lot 227, Lot 228, Lot 229, Lot 230, Lot 231, Northerly 26 feet 7 inches of Lot 232, Southerly 21.53 feet of Lot 181, Lot 182, Lot 182A, Lot 183, East 37 feet of Lot 184 and North 19 feet of the West 76 feel of Lot 184 all in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa. Parcels 12.3 and 4, 11.10 and 13-2) Section 2. That the recording of the respective deeds of conveyance of title in the office of the Record- er in and for Dubuque County, Iowa, is hereby ratified. 380 Special Session, July 15, 1968 Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt. City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Nays—Councilman Schultz. RESOLUTION NO. 305-68 WHEREAS, the City Council of City of Dubuque, Iowa, on May 6, 1968, passed, adopted and approved Resolution No. 209-68 and there- after on June 3, 1968, passed, adop- ted and approved Resolution No. 250-68; and WHEREAS, both of said Resolu- tions pertained and covered sale of real estate owned by City of Du- buque, Iowa, to Vallet Poultry Co., an Iowa Corporation; and WHEREAS, the correct corporate name of said purchaser was and is Vallet Poultry Company; and WHEREAS, the deed of convey- ance by the City of Dubuque, Iowa, duly executed conveyed the follow- ing described real estate to Vallet Poultry Company, an Iowa Corpora. tion: Lot 3, of Block 3, in "River Front Subdivision No. 2" in the City of Dubuque, Iowa, accord. ing to the recorded plats there- of, subject to easements of record. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the deed of con. veyance delivered to Vallet Poul- try Company covering the above described real estate be and the same is hereby ratified and con. firmed. Section 2. That the Resolutions of the City Council of the City of Dubuque, Iowa, hereinabove refer- red to were and the same are hereby intended to apply and per- tain to Vallet Poultry Company. the reference to Vallet Poultry Co. being through inadvertence and mistake. Passed, adopted and approved this 15th day of July, A.D., 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Gaylord M. Couchman Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. July 1, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a final plat of Block 1 and Block 2 in Sherwood Park. The Subdivision lies outside of the City Limits but is within 1 mile and thus, falls into the jurisdiction of the City. This plat conforms to the prelim- inary plat for this area which was approved by the Planning Com- mission previously. It is the opinion of the Commission that the Lot layout and street alignment is ap- propriate for this area and the proposed use of the area in con- formance with the General Devel- opment Plan. It is the recommendation of the Planning and Zoning Commission that this plat be approved. Respectfully submitted, Planning and Zoning Commission Don Gilson Director of Planning Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. AIIL. Special Session, Jnly 15, 1968 381 RESOLUTION NO. 30648 RESOLUTION Approving Plat of Block 1 and Block 2 in "Sherwood Park" in Section 10, Dubuque Township, Dubuque County, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the South One -Half of the Southeast One -Quarter of the Northwest One - Quarter of Section 10; and Lot 1 of Lot 1 of the Northeast One -Quarter of the Northeast One -Quarter of the Southwest One -Quarter of Sec- tion 10; and the Northwest One - Quarter of the Northwest One - Quarter of the Southeast One -Quar- ter of Section 10; all being in Township 89 North, Range 2 East of the 5th Principal Meridian, Du- buque Township, Dubuque County, Iowa, is platted as Block 1 and Block 2 in "Sher- wood Park" in Section 10, Dubuque Township, Dubuque County, Iowa and WHEREAS said plat has been examined by the City Planning & Zoning Commission and had its ap- proval endorsed thereon; and, WREREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA - Section 1. That the above des- cribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved 15th day of July, A.D., 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried b the following vote: Yeas — Mayor McCauley, Coun- Communication of Abeln Ab- stract Co. requesting consideration in purchasing a parcel of land at the southeast corner of Ninth and Iowa Streets for the purpose of erecting an office building with ad- jacent parking, in the Urban Re- newal project, presented and read. Mayor McCauley moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays — None. Attorney Francis O'Connor stat- ed that the proposal to buy the property had been previously sub- mitted but was withdrawn due to the inability of being sure of the proper financing. However this matter has been taken care of and the Abeln Abstract Co. are now in a position to speak more secure- ly about construction plans. Mr. Allan Stoltz submitted plans and working drawings for the construc- tion of the Abeln Abstract build- ing. RESOLUTION NO. 307.68 Preliminary Estimate and Ap- proval of plans, specifications, Form of Contract and all other Documents for the Landscaping and Tree Planting on Iowa Street from the South Property Line of 4th Street to the North Property Line of 10th Street, at an estimated base bid total of alter- nate l2.20 and an estimated bid total of $39612. 0, pre- sented ad read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilman Couchman, Meyers, Pregler. Nays—Councilman Schultz. (Necessity for Improvement) RESOLUTION NO. 308.68 WHEREAS, proposed plans, spec- ifications, and forap- have been duly prepared ared and y proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City 382 Special Session, July 15, 1968 Clerk showii:a among other things the following: (1) The plan of such improve- ment (2) An estimate of the cost of the improvement for the improvement of landscap- ing and tree planting on Iowa Street from the south property line of 4th Street to the north property line of 10th Street.. BE IT THEREFORE RESOLVED that the City Council on its own mation, 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 reso- lution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto, Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from the Road Use Tax Fund. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of July, 1968. Approved and placed on file for final action. Approved: Sylvester McCauley - Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor McCauley moved approval of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Nays—Councilinan Schultz. (Fixing Date of Hearing) RESOLUTION NO. 309.68 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the improvement of landscaping and tree planting on Iowa Street from the south property line of 4th Street to the north property line of 10th Street. BE IT THEREFORE RESOLVED I hat on the 5th day of August, 1968, 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 proposed im- provement may appear and make objection to the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and he is hereby directed to cause a notice of time and place of such hearing to be published in some newspaper pub. lished in the City of Dubuque, Iowa which shall be not less than ten (10) days prior to the day fixed for its consideration, and the City Clerk be and he is hereby directed to have published the notice of pendency for said improvement, and the City Clerk is hereby di- rected to advertise for proposals to the contractors for the construc- tion of the above mentioned im- provement. Passed, adopted and approved this 15th day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Nays—Councilman Schultz. RESOLUTION NO. 310.68 RESOLUTION to fix a date of meeting at which it is propos- ed to take action for the is- suance of $83,000 Flood Pro- tection Bonds. WHEREAS the City of Dubuque, Iowa has heretofore incurred ex- penses in combating a flood caused by the overflowing of the Mississip- pi River within said City; and Special Session, July 15. 1965 aQ.3 N;,EREAS said expenses exceed- ed $83.000 and there are no funds available to pay said expenses to the amount of $83.000 and it is necessary that provisions be now made for the issuance of general obligation bonds of said City in the principal amount of $83,000 to pad said expenses to that amount, such bonds to be payable from tares levied upon all the taxable proper- ty in said City, all as authorized and permitted by Chapter 333 of the Laws of the Sixty-second Gen- eral Assembly of the State of Iowa, but it is necessary to first provide for notice and hearing in the man- ner and form required by Sections 23.12 and 408A.1 of the Code of Iowa, 1966; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this Council meet at the Council Chambers in the City Hall in said City on the 5th day of August, 1968, at 7:30 o'clock P.M., Central Daylight Saving Time, at which time and place proceed- ings will be instituted and action taken for the issuance of $83.000 Flood Protection Bonds of said City for the purpose of paying expenses, to that amount, incurred in combat- ing ombat ing a flood in said City as referred to in the preamble hereof. $83.000 Flood Protection Bonds of said City, bearing interest at a rate or rates not exceeding five per cent (51-r) per annum, for the pur- pose of paying expenses, to that amount. incurred by said City in combating a flood caused by the overflowing of the Mississippi Riv- er in said City. At any time before the date of said meeting petitions objecting to the issuance of said bonds or ask- ing that the question of issuing said bonds be submitted to the legal voters of said City may be filed with the City Clerk of said City pursuant to the provisions of Section 23,13 or 408A.2 of the Code of Iowa, 1966. By order of the City Council July 15, 1968. Leo F. Frommelt, City Clerk Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby repeal- ed, and this resolution shall be effective forthwith upon its passage and approval_ Passed and approved July 15, 1968. _ Sylvester McCauley Mayor Section 2. The City Clerk is here- by directed to give notice of pro- posed action for the issuance of said bonds, setting forth the amount and purpose thereof, the maximum rate of interest which said bonds are to bear, and the time when and place where said meeting will be held, by publica- tion at least once not less than fifteen (15) days before said meet. ing, in the "Telegraph -Herald," a newspaper published and of gen- eral circulation within said City. Said notice shall be in substantially the following form: NOTICE OF MEETING FOR IS- SUANCE OF FLOOD PROTEC. TION BONDS The City Council of the City of Dubuque, in Dubuque County, Iowa, will meet on the 5th day of August, 1968, at the Council Cham- bers in the City Hall, Dubuque. Iowa, at 7:30 o'clock p.M., Central Daylight Saving Time, for the pur- pose of instituting proceedings and taking action for the issuance of Attest: Leo F. Frommelt, City Clerk (SEAL) Mayor McCauley moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor McCauley. Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Communication of Dubuque Mu- nicipal Airport Commission advis- ing that plans and specifications for the Dubuque Airport Terminal Building presented by Durrant, Deininger, DotntttKramer Gordon were approved at an Air- port Commission meeting held on July 3, 1968, presented and read. Mayor McCauley moved that the communication be received and fil- ed. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. 384 Special Session, July 15, 1968 July 11, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed prelimin- ary pians for the airport terminal. It is the opinion of the Commis- sion that the location of this term- inal is in concurrence with the General Development Plan. It is the recommendation of the Planning and Zoning Commis- sion that the Council approve the plans. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Councilman Pregler moved that 'the communication be received and made a matter of record. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None, DUBUQUE AIRPORT COMMIS- SION RESOLUTION NO. 1-68 WHEREAS, the Airport Commis- sion of the City of Dubuque, Iowa has made a comprehensive study of the needs and requirements to be met in order to place the Du. buque Municipal Airport in a posi- tion to meet the demands and re- quirements of modern day airplane travel and in order to conform and comply with present regula- tions prescribed and enacted by the regulating agencies of the U.S. Government; and WHEREAS, the Airport Commis- sion of the City of Dubuque, Iowa as a result of its studies has deter- mined and established that the fol- lowing improvements must be made to the Dubuque Municipal Airport at the earliest possible time, which improvements propos- ed to be made are as follows: 1. Erect and construct a new Airport Terminal Building and Appurtenances; and WHEREAS, The Airport Commis- sion of the City of Dubuque, Iowa based upon such study has deter- mined and does hereby determine that the estimated cost of the im- provements above specified is in the amount of $490,000.00; and WHEREAS, the Airport Commis. sion of the City of Dubuque, Iowa considers that the financing of the cost of such improvements should be made issuance of general obli gation bonds; and WHEREAS, the City Council of the City of Dubuque, Iowa, should be petitioned and requested that it issue general obligation bonds in the principal amount of $490,000.00 to pay for the cost of the above mentioned improvements. NOW THEREFORE BE IT RE- SOLVED BY THE AIRPORT COM- MISSION OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Council consider the need for the im- provement of the Dubuque Munici- pal Airport in the following par- ticulars, to wit: 1. Erect and construct a new Airport Terminal Building and Ap- purtenances; and that the City Council of the City of Dubuque, Iowa, approve such proposed im- provements and that the City Coun- cil of the City of Dubuque, Iowa, approve the issuance of general obligation bonds in the principal amount of $490,000.00 to pay for the cost of said improvements, and that the City Concil of the City of Dubuque, Iowa, initiate the neces- sary proceedings for the approval of the proposed improvements and initiate immediately the necessary proceedings for the issuance by the City Council of the City of Dubu- que, Iowa of general ogligation bonds in the amount of $490,000.00. Passed, adopted and approved this 15 day of July, 1968. Lester M. Harney Chairman Wm. Clemens Jr. F. R. Woodward V. J. Grice L. L. Peterson Attest: Jeff 1ltolid, Airport Mgr. Councilman Pregler moved that the resolution be filed and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 311-68 Preliminary Estimate and al], proval of plans, specifications, and F–A Special Session, July 15, 1.988 3S5 all other documents for the pro- posed construction of Dubuque Airport Terminal Building and Appurtenances, at an estimated cost of $490,000. presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 312-68 Resolution providing for a Notice of Hearing on proposed plans, specifications, and form of Con- tract for the erection and con- struction of a new Airport Term- inal building and appurtenances at the Dubuque Municipal Air- port in Dubuque County, Iowa, and for the City of Dubuque, Iowa. INHEREAS, the City of Dubuque has heretofore established a Du- buque Municipal Airport in Du- buque County, Iowa; and WHEREAS, in the City of Du- buque, Iowa, there has heretofore been created the Dubuque Airport Commission vested with the man- agement, operations and control of the Dubuque Municipal Airport; and WHEREAS, said Airport Com- mission of the City of Dubuque, Iowa, as a result of studies has de- termined and established that the erection and construction of a new Airport Terminal Building and Ap- purtenances must be undertaken at. the Dubuque Municipal Airport at the earliest possible time; and WHEREAS, the Airport Commis- sion of the City of Dubuque, Iowa, based upon such study has deter- mined that the estimated cost of the above specified improvements is in the amount of $490,000.00, of which cost the portion to be paid by the City of Dubuque is estimat- ed to be in the amount of $490,- 000,00; and WHEREAS, it is necessary to fix a time and place of hearing on said proposed plans, specifications, and form of contract and to give notice thereof. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the plans, spec- ifications, and form of contract referred to in the preamble here- of be and the same are hereby adopted subject to notice of hear- ing hereinafter provided and the 30th day of July, 1968, at 4:30 o'clock P.M., (Daylight Savings Time), at the Council Chamber in the City Ball in the City of Du- buque, Iowa, is hereby fixed as the time and place of hearing on said proposed plans, specifications, and form of contract for constructing the new Airport Terminal Building and Appurtenances. Section 2. That the City Clerk is hereby authorized and directed to give notice of hearing on said pro- posed plans, specifications, and form of contract by publication of such notice at least once, not less than ten days prior to date fixed for said hearing in "The Tele- graph -Herald," a newspaper pub- lished in the City of Dubuque and having a general circulation in said City. Said notice shall be sub- stantially in the following form: Notice of public hearing on pro- posed plans, specifications, and proposed form of contract cover- ing the erection and construction of a new Airport Terminal Build- ing at the Dubuque Municipal Airport in Dubuque County for the City of Dubuque, Iowa. PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will meet on the 30th day of July, 1968, at the Council Chamber in the City Hall, Dubuque, Iowa, at 4:30 o'clock P.M., Central Daylight Savings Time for the purpose of conducting a Public Hearing on the proposed plans, specifica- tions, and form of contract for the erection and construction of a new Airport Terminal Building and Appurtenances located at the Dubuque Municipal Airport, Dubuque County, Iowa. The pro- posed plans, specifications and form of contract have been pre- pared by DURRANT-DEINING- ER - DUMMER - KRAMER-GORD- ON, ARCHITECTS, AND ENGI- NEERS and are now on file in the office of the City Clerk in the City Hall, Dubuque, Iowa. The Project consists generally of: 1. Erection and construction of a new Airport Terminal Build- 388 Special Session, July 15, 1968 ing and Appurtenances. At such hearing, any interested person may appear and file ob- jections to the proposed plans, specifications and form of con- tract or the cost of such improve- ments. By order of the City Council dated July 15, 1968, Leo F. Frommelt, City Clerk. Section 3. That all resolutions, or parts thereof in conflict here- with be and the same are hereby repealed and this resolution shall be effective forthwith upon passage and approval. Passed, adopted and approved this 15th day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 313.68 RESOLUTION to fix a date of meeting at which it is propos- ed to take action for the issu- ance of $490,000 Airport Bonds. WHEREAS pursuant to an elec. tion held on August 14, 1950, the City of Dubuque, Iowa, has hereto- fore established a municipal air- port under the provisions of the law as now contained in Chapter 330 of the Code of Iowa, 1966, and it is necessary and for the best interests of said City of Dubuque that said airport be improved and that Airport Bonds of said City be issued at this time in the principal amount of $490,000 for the purpose of paying the cost, to that amount, of said improvements; and WHEREAS said City has hereto. fore created an Airport Commis. sion for the management and con- trol of the municipal airport as permitted and provided for by the law as now contained in Sections 330.17 et seq, of the Code of Iowa. 1966, and said Airport Com- mission has adopted a resolution reciting the necessity for improv. ing the municipal airport and re- questing this Council to proceed with the advertisement, sale and issuance of $490,000 Airport Bonds of said City to pay the cost of such improvements and a certified copy of said resolution has been filed with the City Clerk and pre. sented to this Council for appro- priate action; and WHEREAS it is first required that notice and hearing on the is. suance of such bonds be given in the manner, form and time pre- scribed by Chapters 23 and 408A of the Code of Iowa, 1966; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this City Coun- cil meet at the Council Chambers, in the City Hall within said City on the 5th day of August, 1968, at 7:30 o'clock P.M., Central Daylight Saving Time, at which time and place proceedings will be institut- ed and action taken for the is- suance of $490,000 Airport Bonds for the purpose set out in the pre- amble hereof. Section 2. The City Clerk is hereby directed to give notice of proposed action for the issuance of said Airport Bonds, setting forth the amount and purpose thereof, together with the maximum rate of interest which said bonds are to bear, and the time when and place where said meeting will be held, by publication at least once for at least fifteen (15) days before said meeting, in the "Telegraph - Herald," a newspaper published in said City and having a general circulation therein. Said notice shall be in substantially the fol- lowing form: NOTICE OF MEETING FOR ISSUANCE OF AIRPORT BONDS PUBLIC NOTICE IS HEREBY GIVEN pursuant to Sections 23.12 and 408A-1 of the Code of Iowa, 1966, that the City Council of the City of Dubuque, Iowa, will meet on the 5th day of August, 1968, at the Council Chambers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M., Central Daylight Sav- ing Time, for the purpose of in- stituting mstituting proceedings and taking Special Session, July 15, 1968 387 action for the is, of $490,000 Airport Bonds of said City, bear- ing interest at a rate or rates not annum, g for the purpose of apaying annum, the cost, to that amount, of im- proving the municipal airport of said City. At any time before the date of said meeting petitions objecting to the issuance of said bonds or ask- ing that the question of issuing said bonds be submitted to the legal voters of said City may be filed with the City Clerk of said City pursuant to the provisions of Sections 23.13, 330.16 on 408A.2 of the Code of Iowa, by order of the City Council JulLeoyF5Frommelt City Clerk Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed, and this resolution shall be effective forthwith upon its pas- sage and approval. Passed and approved July 15, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. July 11, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed the final plans for the Iowa Street Parking Ramp. The Commission has found that the location of this ramp is in accord with the master plan for the downtown urban renewal proj- ect and that it complies with the general planning for this area. It is the opinion of the Commission that circulation of traffic to and from this facility is being accom- modated by the proposed develop- ment of Iowa Street and other ad- joining streets. The need for this amount of parking at this location has been documented. It is the recommendation of the Planning and Zoning Commission that the Council approve these plans. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson Director of Planning Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 314.68 Preliminary Estimate and ap. proval of plans, specifications, con- tract documents and all other doc- uments for the construction of the Iowa Street Parking Ramp and ap- purtenances, at an estimated cost of $750,000. presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 315.68 Resolution providing for a Notice of Hearing on proposed plans, specifications and form of Con- tract for constructing a Parking Garage in and for the City of Dubuque, Iowa. WHEREAS, the City of Dubuque in Dubuque County, Iowa, has here- tofore established and is now op- erating a system of public motor vehicle parking facilities in said City consisting of both on -street parking meters and off-street park* ing lots; and WHEREAS, the location and physical characteristics of the bus. iness area together with the in- creased use by the public of motor vehicles, has resulted in serious traffic congestion in the business sections of said City; and WHEREAS, the City Council finds and determines that public convenience and necessity will be served by adding to, extending and improving said system of pub lie motor vehicle parking facilities W Special Session, .July 15, 1968 as contemplated by the "Letter Re- port to the City Council and City Manager of Dubuque, Iowa, on the Proposed Iowa Street Parking Ga- rage", dated the 25th day of March, 1968, prepared by DeLeuw, Cather & Company, Engineers, now ot. file with the City Clerk, recom- mending the construction of a mul- ti level reinforced concrete motor vehicle parking structure with a proposed area of approximately 123,000 square feet in the area bounded on the East by Iowa Street, bounded on the North by Eighth Street, bounded on the South by Sixth Street and bounded on the West by the alley lying be- tween Main Street and Iowa Street in the City of Dubuque, Iowa; and WHEREAS, the cost of acquiring said additional motor vehicle park- ing facilities has been estimated to be $450,000.00 and proposed plans, specifications and form of contract for said Iowa Street Parking Gar- age have been prepared by De- Leuw, Cather & Company, Engi- neers, and are now on file with the City Clerk; and WHEREAS, it is necessary to fix a time and place of hearing on said proposed plans, specifications and form of contract and to give notice thereof. NOW THEREFORE BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the plans, speci- fications, and form of contract re- ferred to in the preamble hereof be and the same are hereby adopt- ed subject to the notice of hearing hereinafter provided and the 30th day of July, 1968, at 4:30 o'clock P.M., Daylight Savings Time, at the Council Chamber in the City Hall in the City of Dubuque, Iowa, is hereby fixed as the time and place of hearing on said proposed Plans, specifications, and form of contract for constructing the Iowa Street Parking Garage. Section 2. That the City Clerk is hereby authorized and directed to give notice of the hearing on said proposed plans, specifications and form of contract by publication of such notice at least once, not less than ten days prior to date fixed for said hearing in "The Telegraph -Herald," a newspaper published in the City of Dubuque, Iowa, and having a general circu- lation in said City. Said notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PROPOSED PLANS, SPECI- FICATIONS, AND PROPOSED FORM OF CONTRACT COVER- ING THE CONSTRUCTION OF THE IOWA STREET PARKING GARAGE IN AND FOR THE CITY OF DUBUQUE, IOWA. PUBLIC NOTICE is hereby giv- en that the City Council of the City of Dubuque, Iowa, will meet on the 301h day of July, 1968, at the Council Chamber in the City Hall, Dubuque. Iowa, at 4:30 o'clock P.M., Central Daylight Savings Time, for the purpose of conducting a Public Hearing on the proposed plans, specifica- tions, and proposed form of con- tract for the construction of the Iowa Street Parking Garage to be located in the area bounded by Iowa Street on the East, by Eighth Street on the North, by Sixth Street on the South, and on the West by the alley lying between Iowa Street and Main Street in the City of Dubuque, Iowa. The proposed plans, specifi- cations and form of contract have been prepared by DeLeuw, Cath- er & Company, Engineers, and are now on file in the office of the City Clerk in the City Hall, Dubuque, Iowa. The Project consists generally of the construction of a multiple level reinforced concrete motor vehicle parking structure with a floor area of approximately 123.- 000 square feet, together with accessories and appurtenances, including sidewalks, curb, street drainage and lighting improve- ments. At such hearing, any interested persons may appear and file ob- jections to the proposed plans, specifications, and form of con- tract or to the cost of such im- provements. By order of the City Council, dated 15th day of July, 1968. Leo F. Frommelt, City Clerk. Special Session, July 15, 1968 389 Section 3. That all resolutions, or parts thereof in conflict here- with be and the same are hereby repealed and this resolution shall be effective forthwith upon its pas- sage and approval. Passed, adopted and approved this 15th day of July, A.D., 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman. Meyers, Pregler, Schultz. Naps—None. RESOLUTION NO. 316.68 RESOLUTION to fix a date of public hearing on the proposed acquisition of public motor ve- hicle parking facilities. contemplated by the report en- titled "Iowa Street Parking Ramp for the City of Dubuque, Iowa Project 1806-00", dated July, 1968, prepared by Deleuw, Cather & Company, Consulting Engineers, now on file with the City Clerk, and consisting of acquiring the real estate not already owned by the City in the area bounded on the north by the south property line of Eighth Street, bounded on the east by the west property line of Iowa Street, bounded on the south by the north property line of Sixth Street, and bounded on the west by the east side of the alley lying between Iowa Street and Main Street, all in the City of Du- buque, Iowa, and constructing thereon a multi-level motor vehicle parking structure; and WHEREAS before said real estate may be acquired and said facility constructed it is first neces- sary to hold a public hearing to determine whether or not public convenience and necessity will be served by the establishment of such facilities and to give public notice thereof, all as required by Section 390.1 of the Code of Iowa, 1966, as amended; WHEREAS the City of Dubuque, in Dubuque County, Iowa, has here- tofore established a system of pub- lic motor vehicle parking facilities in said City consisting of both on - street parking meters and off-street parking facilities and has establish- ed regulations for the use and op- eration thereof in order to proper- ly regulate and control traffic upon the congested streets within said City; and WHEREAS the increased use by the public of motor vehicles has caused serious traffic congestion in the streets of the business sec- tion of said City, thus preventing the free circulation of traffic in, through and from said City, im- peding the rapid and effective handling of fires and operation of police forces and endangering the health, safety and welfare of the general public; and WHEREAS it is necessary and advisable to add to, extend and improve said system of public motor vehicle parking facilities as NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the City Council meet on the 5th day of August, INK at the Council Chambers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M., Central Daylight Saving Time, at which time and place a public hearing will be held to determine whether or not pub- lic convenience and necessity will be served by the acquisition of the additional parking facilities refer- red to in the preamble hereof. Section 2. That the City Clerk is hereby directed to give notice o the aforesaid hearing by publica- tion •lion at least once not less than two weeks prior to said hearing in the "Telegraph -Herald", a newspaper published in the City of Dubuque and of general circulation therein. Section 3. That all orders or resolutions, or parts thereof in conflict herewithr be led, and the same are hereby 390 Special Session, July 15, 1968 Passed and approved July 15, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded July 15, 1968. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. IOWA STATE. DEPARTEMENT OF HEALTH Environmental Engineering Service P. J. Houser, M.S., Chief July 11, 1968 Mr. Leo F. Frommelt City Clerk Dubuque, Iowa 52001 Attention: Honorable Mayor and City Council Re: Site Preconsolidation Waste Water Treatment Facilities Project No. Iowa -338 Gentlemen: We are herewith approving the plans and specifications for site preconsolidation at the proposed site for new waste water treatment facilities to serve your municipal- ity. Plans and specifications for Contract I and Contract 11 of the proposed Phase I collection and treatment facilities have been re- ceived in this office and these ad- ditional engineering documents will be reviewed and a permit issued for such facilities at a later date. We are retaining two sets of the approved plans and specifications for the site preconsolidation for our files and forwarding two sets to the Federal Water Pollution Control Administration. Very truly yours, F. M. Evans Public health Engineer Water Pollution Division Councilman Meyers moved that the communication be received and made a matter of record. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 317.68 Preliminary approval of plans, specifications, form of contract, and all other documents for con- struction of the City of Dubuque 1968 Waste Water Treatment Facilities Site Pre -Consolidation at an estimated cost of $40,000, pre. sented and read. Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. NECESSITY FOR IMPROVEMENT RESOLUTION NO. 318.68 Vi'HEREAS, proposed plans, specifications, and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improve- ment. (2) An estimate of the cost of the improvement. for the construction of City of Dubuque 1968 Waste Water Treat- ment Facilities Site Preconsolida- tion. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve. ment'they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from the Sanitation Sewage Rental Fund 139 Non -Budget C. Special Session, July 15, 1968 391 The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of July, 1968. Approved and placed on file for final action. APPROVED Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas --Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. FIXING DATE OF HEARING RESOLUTION NO. 31968 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of the City of Dubuque 1968 Waste Water Treat- ment Facilities Site Pre -Consolida- tion. BE IT THEREFORE RESOLVED that on the 30th day of July, 1968 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 proposed im- provement may appear and make objection to the proposed plans and specifications, form of con- tract and cost of said improvement, and the City Clerk be and he is hereby directed to cause a notice of time and place of such hearing to be published in some news- paper published in the City of Du- buque, Iowa, which shall be not less than ten (10) days prior to the day fixed for its consideration, and the City Clerk be and he is hereby directed to have published the notice of pendency for said im- provement, and the City Clerk is hereby directed to advertise for proposals to the contractors for the construction of the above men. tioned improvement. Passed, adopted and approved this 15th day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. July 11, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed the plans for the water collection and waste treatment facilities. It is the opinion of the Commission that the facilities as proposed, are in accordance with the General De- velopment Plan for the City of Dubuque and that the scale of the project and timing are appropriate and that to proceed with the plans would be. in the best interest of the City of Dubuque. It is the recommendation of the Commission that the Council ap- prove the plans as submitted. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson Director of Planning Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Dr. Mansfield S. Lagen et al (18 signatures) declar- ing their support of the Council's efforts to obtain a new odor -free and pollution -free sewage treat- ment plant for the City, urging 392 Special Session, Jtily 15, 1968 construction of covers for the proposed trickling filter beds and anything else that may tend to assure a complete odor -free opera- tion, presented and read. Mayor McCauley moved that the petition be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mr. David Kintzinger addressed the Council in behalf of the peti- tioners for an odor -free sewage plant. Mr. Robert Reines and Paul Ombruni, members of the firm of Henningson, Durham and Richard- son sewage consultants from Oma- ha, spent quite a bit of time ex- plaining to the Council and Mr. Kintzinger just what is intended in the line of a sewage disposal plant operation for the City of Dubuque. RESOLUTION NO. 320-68 Resolution authorizing the City Manager to execute offer and acceptance of Federal Grant for Sewage Treatment Works under 33 U. S. C. et, seq. Project No. W. P. C. Iowa -338. WHEREAS, the City Manager has received an offer from the U. S. Department of the Interior, Federal Water Pollution Control Administration, in behalf of the City of Dubuque, Iowa, to aid in construction of an intercepting sewer from 32nd street to the existing Cedar Street pumping station, improvements at the Cedar Street pumping station, a force main from the Cedar Street pump- ing station to an existing force main at the existing Terminal Street pumping station, a new pumping station to replace the existing Catfish Creek pumping station, and secondary treatment additions to the existing primary sewage treatment plant. Plant additions include a blower and screen building, grit and grease removal facilities, floccula- tion units, primary clarifiers, high rate trickling filters, conversion of the existing primary tanks to final tanks, chlorination facilities, sludge holding tanks, vacuum fil- ters, sludge incinerators, and ap- purtenant work. NOW THEREFORE BE IT RF - SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. That City Manager Gilbert D. Chavenelle, of the City of Dubu- que, Iowa, be and he is hereby authorized and directed to execute offer and acceptance of Federal Grant for Sewage Treatment Works under 33 U. S. C. 466 et. seq., Project Number W. P. C. Iowa -338 on behalf of the City of Dubuque, Iowa, to aid in con- struction of the above mentioned specific public project, in the amount of $908,717.00. Passed, adopted and approved this 15th day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pragler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz, Nays—None. RESOLUTION NO. 321.68 BE 1T 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. Name Address Herbert F. Bisping, 1401 Elm Street Clyde D. Bradley, 3198 Central Avenue William F. Dunne, 54 Locust Street Charles O. Golinvaux, 2323 Central Avenue Eldon J. Konzen, 1281 Dodge Street Phillip Langas, 1105 Loras Blvd. Lois M. Morarend, 700 East 16th Street Donna Rezac, 115 East 22nd Street Fred E. Vyverberg, 2412 Central Avenue Max Rettenberger, 90 Locust Street Special Session, July 15, 1.988 393 BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 1501 day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 322-68 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Donna Rezac. 115 East 22nd Street Passed, adopted and approved this 15th day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 323-68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Donna Rezac, 115 East. 22nd Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 15th day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 32468 WHEREAS, applications for Liquor Permits have been sub- mited to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Marcella McCarty, 2093 Washing. ton Street 394 Special Session, July 15, 1968 Passed, adopted and approved this 15th day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 325.68 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Marcella McCarty, 2093 Washington Street Passed, adopted dnd approved this 15th day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlb F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mayor McCauley moved that Tom W. Breitbach and Rev. Lawrence Guter be re -appointed to the Play. ground and Recreation Commission for a three year term to 7-5.71. Sec. onded by Councilman Schultz. Car. ried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. There being no further business Councilman Pregler moved to ad. journ. Seconded by Councilman Meyers. Carried by tha following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Leo F. Frommelt, City Clerk Approved .Td,OVe,bT' 74e1968. Aeopted Noyemb�.l,.�, 1988, ,. `.'Z J . ..tJ..L„ .................. .... Councilmen ....... itv Clerk Special Session, July 22, 1968 395 QTY COUNCIL OFFICIAL Special Session, July 22, 1968. Council met at 7:30 P.M. (D.S.T.) Present—Mayor McCalley, Coun- cilmen Meyers, Pregler, Schultz. City Manager Gilbert D. Chaven- elle. Absent — Councilman Couchman (out of city). Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of DIRECT. ING THE FILING OF THE BUD- GET ESTIMATE FOR 1969 AND SETTING THE DATE OF PUBLIC HEARING THEREON, and acting upon such other business as may properly come before a regular meeting of the City Council. Communication of State of Iowa Law Enforcement Academy extend- ing an invitation to join in the Graduation Exercises of the First Training Session of the Academy at Camp Dodge July 26, 1968, pre- sented and read. Councilman Mey. ers moved that the communication be received and filed. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. July 19, 1968 To the Honorable Mayor and Members of the City Council Gentlemen: I submit to you the audit report of the City records for the fiscal year of 1967, by certified Public Accountants O'Connor, Brooks, Ahrendt & Brooks. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the report be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. July 15, 1968 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bond and desire to have your approval on same. PUBLIC OFFICIAL BOND Gerald Bird, The Ohio Casualty Insurance Co. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved ap- proval of filing of t the Cid sAub- ject to approval At- torney. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. Notice of Claim of Mrs. Henry Inez Sibley of 603 W. 8th Ave., in an undetermined amount, for per- sonal injuries received in a fall on 8th Street at Hill on July 15, 1968, presented and read. Council- man Meyers moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Notice of claim of William J. Bennett of 1003 Althauser Ave., in the amount of $100. for expense involved as the result of his car July 22, 1968 The Honorable Mayor and Members of the City Council Gentlemen: I submit to you the report of the audit of accounts of the Parking Facilities for the year ended De- cember 31, 1967, as prepared by O'Connor, Brooks, Ahrendt & Brooks. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. 398 Special Session, July 22, 1968 and boat being sprayed with tar during repair of street operation, on July 10, 1968, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by May- or McCauley. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. Notice of claim of Lester L. Kiel- er of Dickeyville, Wis., in the amount of $122.93 for car damage incurred as the result of driving into an excavation at 4th & Iowa on July 3. 1968, presented and read. Councilman Meyers moved that the notice of claim be received and filed. Seconded by Mayor McCau- ley. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman, ORDINANCE NO. 50.68 An Ordinance Amending Ordin. inance No. 3-34 known as the Zoning Map and Zoning Ordin. ance of the City of Dubuque, Iowa, by amending Article IV, Section 2 thereof by enacting a new Subsection (h) to Permit Structures with Historical or Architectural significance to be used for Museums, Meeting Rooms and Private Dinner Part- ies for which fees may be char¢ ed, Presented and read. Councilman Meyers moved that the reading just had be consid- ered the first reading of the Ord- inance. Seconded by Mayor Mc- Cauiley. Carried by the following vote: Yeas—Mayor McCauley, Council. men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor McCauley. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent ---Councilman Couchman. Councilman Meyers moved that a public hearing be held on the Ordinance on August 19, 1968, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Mayor McCauley. Car- ried by the following vote: Yeas—Mayor McCauley, Council. men Meyers, Pregler, Schultz Nays—None. Absent—Councilman Couchman. Petition of Peoples Natural Gas requesting permission to excavate at three different places on Cooper Place to repair leaks, presented and read. Councilman Schultz mov. ed that the petition be granted. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz Nays—None. Absent—Councilman Couchman. Petition of DeLos Bohnsack et al (37 signers) objecting to disturb- ing nuisances of all kinds being perpetrated at the Point Launder- ette located at 1600 Lincoln Ave. Presented and read. Councilman Schultz moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Mr. De Los Bohnsack and Rev. Richards of the Holy Trinity Parish both addressed the Council in sup- port of the petitioners. It was suggested that a possible closing time be set for the Launderette or have an attendant at all times during hours of operation. The of- fending group is quite young and the place is open twenty four hours a day without supervision. Mayor McCauley moved that the matter be referred to the City Manager and City Solicitor for ap- propriate investigation and action. Special Session, July 22, 1968 397 Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. ORDINANCE NO. 51.68 An Ordinance Vacating Hender• son Street from the Westerly Property line of Bradlef Street to the Easterly property line of the Alley lying first Westerly of Bradley Street, presented and read. Councilman Meyers moved that the reading just had be consid- ered the first reading of the Ord- inance. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Councilman Meyers moved that the ride requiring reading of an Ordinance on three separate days be waived. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. ORDINANCE NO. 51-68 AN ORDINANCE VACATING HENDER- SON STREET FROM THE WESTERLY PROPERTY LINE OF BRADLEY STREET TO THE EASTERLY PROP- ERTY LINE OF THE ALLEY LYING FIRST WESTERLY OF BRADLEY STREET. WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa has recommended the vacation of Henderson Street from the westerly Prop- erty 11 ne of Bradley Street to the easterly pro PPrty line of the alley Iving first Westerly of Bradley Street, which shall hereafter be Platted, described and known as Lot ISA of Black 10 and Lot IA of Block 9 of Grandview Perk In the City of Dubuque, Iowa; and WHEREAS, the City Council of Du- buque, Iowa, determines that the vaca- tion of Said street shall serve the best Public Interest. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY DUBUQUE, IOWA: Section 1. That Henderson Streetfrom the westerly Property line of Bradley Street to the eAsterly Properly line of the alley lying first westerly of Bradley Street which shall hereafter be platted, de%cribed And known a% I.ot ISA of Block 10 and tot lA of Blnrk 9 of GrAnd- vlew PArk In the City of Dubuque, Iowa, be And the sAme Is hereby vacated, sublect however, to reservation by the City of D,-bunue, Iowa of A PerpetuAl eAsementtherein for the lo—tion, reDAlr and mAIntenancA of sanitAry sewer, storm %ewer. And water male% Inge ther with the rlght of Ingress thereto end egre,.s therefrom. SPctiAA >. That the City Clerk be And he I% hereby directen fo cause A cArtl- fled cony of thlr OrdleAnre to he flied In thA office of the RArorder of D••h...... County. InwA And file a ropy of the same In the office of the City Assessor. Passed, approved and adopted this 22nd day of JUty, 1968. Sylvester McCauley Mayor Walter A. Prepler Merlin F. Schultz Donald R. Meyers Attest: Councilmen Leo F. Frommelt City Clerk Published official) In The Telegraph - Herald Newspaper this 25th day of July, 1968. LeoF. Frommelt City Clerk Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote- Yeas—Mayor McCauley. Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 326.68 Resolution Approvinq Plat of Lot 15A, Block 10, Lot 1A, Block 9 —Grandview Park WHEREAS there has been filed with the City Clerk a plat in which Henderson Street from the Wester- ly Property Line of Bradley Street to the Easterly Property Line of the Alley Lying First Westerly of Bradley Street is platted as Lot 15A, Block 10 and Lot IA. Block 9. all in Grandview Park in the City of Dubuque, Iowa; and WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are author- ized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 22nd day of July A.D., 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by 398 Special Session, July 22, 1968 Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 32768 WHEREAS, Guy C. Hyatt, owner of Lots 14 and 15 in Block 10, Grandview Park, and L. M. Harney, owner of Lots 1, 2, 3 and 4 in Block 9, Grandview Park, in the City of Dubuque, Iowa, have peti- tioned the City Council for the vacation of that portion of Hender- son Street in the City of Dubuque, Iowa, which shall hereafter be platted, described and known as Lot 15A of Block 10, and Lot IA of Block 9, both in Grandview Park, in the City of Dubuque, Dubuque County, Iowa, according to the re- corded plat thereof; and WHEREAS, said portion of Hen- derson Street has heretofore been vacated by the City Council of the City of Dubuque, Iowa; and WHEREAS the above named property owners have offered to purchase the respective portions of said Henderson Street as abutts their premises and have offered to pay the sum of Two Hundred Fifty ($250.00) Dollars each there- for; and WHEREAS, said offer to pur- chase said vacated Henderson Street by the above named proper- ty owners should be approved. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the offer of pur. chase of that portion of Henderson Street hereafter to be platted and described as Lot 15A of Block 10 in Grandview Park in the City of Dubuque, Iowa, by Guy C. Hyatt for the sum of Two Hundred Fifty ($250.00) Dollars, and the offer to Purchase by L. M. Harney of that portion of the property of Hender. son Street to be hereinafter plat. ted, described and known as Lot IA of Block 9 in the Grandview Park in the City of Dubuque, Iowa for the sum of Two Hundred Fifty ($250.00) Dollars be and the same is hereby approved upon the fol- lowing terms and conditions: 1. That no abstract of title be furnished. 2. That the purchasers pay costs of publication. 3. That the City of Dubuque re- serve and retain a perpetual ease- ment in and to the real estate here. inabove described for the location, repair, maintenance of sanitary sewer, storm sewer and water mains together with the right of ingress thereto and egress there. from. 4. That no improvement be in. stalled by the purchasers on any portion of said described Hender. son Street without the first prior written approval of the City Man- ager, and in the event that any im- provement is erected or located by the respective purchasers on any portion of the real estate herein. above described without first secur. ing written permission from the City Manager then title thereto shall revert to the City of Dubuque as to the whole tract. Section 2. That the City Clerk be and he is hereby authorized and di- rected to publish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 22nd day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilmen Pregler moved adop- tion of the resolution. Seconded by Councilmna Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. July 22, 1968 To the Honorable Mayor And City Council Gentlemen: In accordance with the Code of Iowa, 1962, Chapter 363 C. 7, para- graph 16, I submit to you the bud- get recommendation for the year 1969. The total expense requirement is $11,434,172.00. It can be financed with a tax rate of 39.2564 mills levied on an estimated $93,590,- 730.00 value of property subject to the property tax. Special Session, July 22, 1968 399 Compared to 1968 the pertinent figures are: 1) The property tax rate increase is: ............. .. 0.6934 Mills 2) The property tax levy increase is: ................$ 56,345.00 3) The decreased assessed valuation is: ................$221,816.00 Further, the increase in tax rale is due to: 1) Increased City cost of employees retire- ment ............................0.2142 Mills 2) Increased principal and interest payments: a) Repayment of State loan, 1967 Flood: 0.9937. b) Decrease in all other debt payments: -0.5281. 0.4656 Mills 3) All other expense for 1969 ......................0.0136 Mills 0.6934 Mills 2) Pay raises: a) Earned longevity and step increases occurring in 1969: $ 37,097.31 b) A general pay raise: 141,492.00 It should be understood, how- ever, that the budget recommenda- tion does not reflect the cost of the sewage plant expansion, the new airport terminal building and the balance of the 1967 Flood dis- aster expense. It is intended to fi- nance the cost of these projects by selling bonds. If this be so, then the tax rate will be increased an estimated 1.7079 Mills. This means that the owner of an average house assessed at $4,000.00 will pay an increased tax over 1968 of $9.61. Namely: 1) Increased cost of em- ployees retirement ............$ 0.86 2) Payments on past debt plus sewage plant, air- port terminal and 1967 flood disaster ......................$ 8.69 3) All other city operations ..$ 0.06 $ 9.61 $178,589.31 $227,004.93 The general pay raise is equiva- lent to approximately 4.2% in- crease for each employee. It is understood and correct that pay changes be discussed with em- ployee representative groups be- fore making the budget recom- mendation. This year, however, the representatives submitted their pro- posals, preliminary talks were held but the budget recommendation has not been discussed. The fact is, the Manager's Office did not deter- mine the amount of money avail- able for pay raises until the night of July 18th. Both the management and the union representatives wish to make the City Council aware of the situation and to indicate that meetings will be resumed imme- diately. The 1969 budget recommenda- tion is good in that it provides all of the current services for Dubuque citizens, in spite of rising costs, plus additions such as, more storm drains, more library books, more law enforcement and more recrea- tion. To do this, however, it was necessary to make use of all of the anticipated income and to write a budget proposal within $5,000.00 of the 30 Mill statutory tax limit. This means that more cannot be done unless the 30 Mill limit is elimi- nated or other sources of income are made available. Here are a few necessary items which had to be The law requires, that the inter- eliminated in order to come within est free loan made by the State to the 30 mill limit. cover the 1967 flood disaster ex- pense be repaid at a tax rate of one mill per year. Consequently, $93,000.00 has been provided in the budget to make this repayment. The budget recommendation in- cludes $3,611,526.00 for salaries and wages. This is an increase of $227,- 004.93 over the amount provided for 1968. The increase is recom- mended in order to provide: 1) Wages for new employees ..................$ 48,415.62 1) A fire ladder truck ..$ 55,000.00 2) An ambulance ............ 12,000.00 3) Cutting down 1500 or more dutch elm diseased trees ............ 150,000.00 4) A city dog operation Building ....$19,500.00 Equipment 8,500.00 Wages ...... 11,700.00 Operating Costs ........ 2,000.00 $ 41,700.00 400 Special Session, July 22, 1968 5) Library Bookmobile Service ........................ 92,671.00 It is suggested that in 1969 the city sell bonds to obtain funds for buying equipment and cutting down dead trees. It is strongly urged that all citizens demand new state laws which will properly provide for adequate financing of Iowa cities. The total proposed budget in- cludes $4,260,068.00, Urban Renew- al Project expense. This amount is not financed by city revenue and taxes. Also, this budget does not include $123,780.00 cash payment by the city to the project due in 1969. This payment, however, has been provided for. It is recommend- ed that $80,000.00 be transferred from the Land Sales Account and $43,780.00 from the Liquor Sales Profit Fund. This budget is the result of the hard work and thinking of the men of the departments and commis- sions. They submitted thoughtful requests. They submitted three sep- arate pay calculations on short notice. They submitted their re- quests for 1970 as well as for 1969. The budget book is the work of the women of the staff. They work- ed on Saturday and Sunday, July 20 and 21st and produced the book. The budget was reviewed by the budget committee, Mr. Frommelt, Mr. Heitzman, and Mr. Hail. I thank these people for their work. This budget proposal is present- ed to you as best representing the needs of the City. In addition, the Council can expect further wage analysis and comment, and a cap- ital improvement budget. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor McCauley moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 328.68 WHEREAS the City Manager has submitted a BUDGET ESTIMATE as provided in Chapter 24 of the 1966 Code of Iowa and the City Council had been duly considered and caused to be prepared the bud- get estimate of expenditures for the fiscal year beginning January 1, 1969 and ending December 31, 1969, as a basis for the tax levy for the year 1968, the same to be collected in the year 1969, and said budget have been duly ap. proved by it. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That said Budget Estimate be and the same is hereby ordered filed in the office of the City Clerk of the City of Dubuque, Iowa, and the date of the public hearing is hereby fixed as the 12th day of August 1968 at 7:30 o'clock P. M. Daylight Saving Time, in the Coun- cil Chamber at the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is hereby directed to cause said budget esti. mate of expenditures to be pub- lished in the official newspaper of the City of Dubuque and the offi- cial notice to be given of the time and place, when and where said Budget Estimate will be considered by said Council for final adoption at which time and place taxpayers will be heard for or against said estimate, said publication to be not less than ten (10) days before said date of hearing. Passed, adopted and approved this 22nd day of July 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz, Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 329.68 RESOLUTION AND APPLICATION FOR APPROVAL TO LEVY AN EMERGENCY TAX WHEREAS, The revenue in cer- tain funds of the municipality set out in the within application is in- Special Session, July 22, 1968 401 adequate to meet the actual and necessary expenses which must be paid from said funds and any ex- traordinary or unforeseen expense which may arise during the ensuing fiscal year; and WHEREAS, The inadequacy of the revenue referred to is deemed to constitute an emergency which requires the levy of an emergency tax, therefore BE IT RESOLVED, BY THE City of Dubuque, Iowa, Dubuque Coun- ty, Iowa, that the Slate Comptroller be and is hereby petitioned for ap- proval to levy an emergency tax for the year 1968, in the sum of Ninety Three Thousand Dollars ($93,000.), (not exceeding one mill) said tax to be used as set out below. Amortization of Slate Flood Dis- aster Loan—No. S. F. 796. (Presiding Officer) Sylvester McCauley Mayor (Secretarial Officer) Leo F. Frommelt City Clerk The foregoing resolution was adopted at a special meeting on the 22nd day of July, A. D. 1968. The vote thereon was as follows: Ayes—Sylvester McCauley, May- or, Donald R. Meyers, Walter A. Pregler, Merlin F. Schultz, Coun- cilmen. Nays—None. Absent—Councilman Gaylord M. Couchman. Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. APPROVAL Amount Proposed to be Levied ....................$ 93,000.00 Total of Emergency Fund for Ensuing Year ..............$222,865.91 Note: Show below list of funds to be benefited by emergency fund, and state whether the maximum tax is being levied in the current budget for the fund in which the emergency exists. Funds to be benefited—State Dis- aster Loan Fund (Debt Service). Amount to be transferred from emergency fund—$93,000.00. Totals $93,000.00. CERTIFICATION We, the undersigned City of Du- buque of Dubuque County, Iowa, hereby make application to levy an emergency tax in the sum of $93,- 000.00 not exceeding one mill, as heretofore set out. x Budget hearing held 12th day of August, 1968. There were 55 citizens at the hearing, of which four objected to the budget and tax levies. Certifying Officer The above application and reso- lution having been filed with the State Comptroller, approval to levy the emergency tax in a sum not exceeding the amount authorized by law is hereby granted this 13th day of August, 1968. Marvin R. Selden State Comptroller Financial Statement in Support of Application to Levy an Emergency Tax EMERGENCY FUND Estimated Balance at end of Current Year ..$315,865.91 RESOLUTION NO. 330.68 WHEREAS, the State of Iowa, on its own behalf and as repre- sentative of the political subdivi- sions thereof commenced an action in the United States District Court for the Southern District of Iowa --Central Division, against Union Asphalt & Roadoils, Inc., et al, be- ing Civil No. 7-1932-C-2, in connec- tion with the alleged Asphalt Price - Fixing of the named defendants in said cause; and WHEREAS, the City of Dubuque, Iowa, was given notice to make its election to be included or excluded as a party from said cause; and WHEREAS, the City Council of City of Dubuque, Iowa, has deter- mined that it should be included as a party plaintiff in said cause and instructed its City Attorney accordingly, and further instructed him to do any and all things nec- essary to the end that the City of Dubuque, Iowa, participate as a plaintiff in said litigation. NOW THEREFORE BE IT RE- SOLVED E- OL CITY COUNCIL OF TH EBCITYEOF DUBUQUE, IOWA: Section 1. That the inclusion of the City of Dubuque, a Municipal Corporation of Iowa, as a plaintiff 402 Special Session, July 22, 1968 in said class action in Civil No. 7-1932-C.-2, be and the same is here- by confirmed and ratified. Section 2. That the designation of the Attorney General of the State of Iowa as legal counsel in said cause, being Civil No. 7.1932- C-2, be and the same is hereby con- firmed and ratified. Passed, adopted and approved this 22nd day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchraan. RESOLUTION NO. 331-68 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Carl E. Nagelmaker, 3203 Jackson Street Passed, adopted and approved this 22nd day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas --Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 332.68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Carl E. Nagelmaker, 3203 Jackson Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 22nd day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent --Councilman Couchman. RESOLUTION NO. 333.68 WHEREAS, applications for Uq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAP- TER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Marco Giunta, 2022 Central Avenue Pete S. Sfikas & Gust Karigan, 401- 405 Central Avenue J Special Session. July 22, 1968 403 Passed, adopted and approved this 22nd day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman,__ Seconded by Councilman Meyers. Carried by the following vote: Yeas --Mayor McCauley, Council. men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. Leo F. Frommelt City Clerk RESOLUTION NO. 334-68 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State I.aw and all City ordi- nances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Marco Giunta, 2022 Central Avenue Pete S. Sfikas & Gust Karigan, 401- 405 Central Avenue Passed, adopted and approved this 22nd day of July, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Meyers, Pregler, Schultz. Nays—None. Absent—Councilman Couchman. There being no further business Mayor McCauley moved to adjourn. Approved NOV.Elit b.eX'....1-8.1968 Adopled Ngvamber.... 0 .... 1968 404 Special Session, July 30, 1968 CITY COUKIL OFFICIAL Special Session, July 30, 1968. Council met at 4:30 P. M. (D.S.T.) Present—Councilmen Couch. man, Meyers, Pregler, Schultz. City Manager Gilbert D. Chave- nelle. Absent --Mayor McCauley (out of city). Councilman Schultz moved that Councilman Pregler be appointed Presiding Officer Pro Tem of the meeting. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Councilman Couchman, Meyers, Pregler, Schultz. Nays—None. Presiding Officer Pro Tem Preg- ler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of conducting a public hearing on the proposed plans, spe- cifications, and form of contract for construction of A New Airport Terminal Building and Appurten- ances, and acting upon such other business as may properly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing on proposed plans, spe- cifications, form of contract for construction of a New Airport Ter. minal Building and appurtenances, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Couchman moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding officer pro tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 335.68 Resolution providing for the tak- ing of bids for the construction of Airport Terminal Building and Appurtenances thereto. WHEREAS, it is necessary and advisable that the Dubuque Munici• pal Airport in Dubuque County, Iowa, be improved by the erection and construction of a one-story, structural steel and frame construc- tion with a floor area of approxi- mately 10,300 square feet in Du- buque County, State of Iowa; and WHEREAS, proposed plan and specifications and forms of contract for said Airport Terminal Building and Appurtenances have been pre- pared by Durrant-Deininger-Dom- mer-Kramer-Gordon, Architects and Engineers, and are now on file in the office of the City Clerk and it is necessary to fix a time and place to take bids for construction of said improvement. NOW THEREFORE BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That on the 22nd day of August, 1968, at 4:00 o'clock P.M., Central Daylight Saving Time, at the office of the City Clerk, in the City Hall, in the City of Du- buque, Iowa, is hereby fixed as the time and place of taking bids for the construction of the Airport Terminal Building. Section 2. That the Mayor and City Clerk are hereby authorized and directed to give notice of the taking of said bids by publication of such notice once each week for at least two consecutive weeks in "The Telegraph -Herald", a news- paper published in the City of Du- buque, Iowa, and having a general circulation in said City, the first of which publications in said newspa- per shall be at least fifteen (15) days prior to the date fixed for the receipt of bids. Said notice shall be in substantially the follow ing form: Notice of taking bids for the con- struction of the Airport Termi- nal Building in Dubuque County and for the City of Dubuque, Iowa. PUBLIC NOTICE is hereby giv- en that sealed proposals endorsed Dubuque Airport Terminal Build- ing will be received by the City of Dubuque, Iowa, at the office of the City Clerk in the City Hall, I)ubuque, Iowa, until 4:00 o'clock P.M., Daylight Saving Time, on the 22nd day of August, 1968, for furnishing all necessary materials, equipment, superintendence and Special Session, July 30, 196£i 405 labor for the construction of the Airport Terminal Building and Appurtenances to be located at the Dubuque Municipal Airport in Dubuque County, State of Iowa, according to the plans and speci- fications therefor prepared by Durrant-Deininger - Dommer - Kra- mer -Gordon, Architects and Engi- neers, 1122 Rockdale, Dubuque, Dubuque County, Iowa, and now on file in the office of the City Clerk. The project consists gen- erally of the complete construc- tion of a one-story structural steel and frame construction with a floor area of approximately 10,- 300 square feet, all as shown in the plans and specifications. Each proposal shall be made on form furnished by the City as a part of the specifications, shall be addressed to the City of Dubuque, c/o Leo F. Frommelt, City Clerk, City Hall, Dubuque, Iowa, and must be accompanied in a sep- arate envelope by a certified check drawn on a solvent Iowa bank pa.able to the order of the City of Dubuque, Iowa, or a de- posit of money, in an amount equal at least five (5%) percent of the amount of the proposal. If the successful bidder fails to enter into a contract with the City of Dubuque. Iowa, for said work or fails to furnish a satisfactory Per- formance Bond, or fails to file the necessary insurance as required by the specifications within fif- teen (15) days after notification of the award, the check may be cashed or deposit money forfeited as liquidated damages. Payment to the Contractor will be made from accumulated cash on hand and from the proceeds of the sale of General Obligation Bonds of said City. Monthly esti- mates will be paid to the Contrac- tor as the work progresses in amounts equal to ninety (90%) Percent of the contract value of the work completed during the preceeding calendar month, in- cluding the value of the material suitably stored on the premises up to the first day of that month as estimated by the Engineer. Such monthly payments shall in no way be construed as an act of acceptance for any part of the work partially or totally complet- ed. Final payment of the remain- ing ten (10c) percent due the Contractor will be made not earli- er than thirty-one (31) days from the final acceptance of the work by the City, subject to the condi- tions and in accordance with the provisions of Chapter 573 of the Code of Iowa, 1966. The successful bidder will be required to furnish a Performance Bond in an amount equal to one hundred (100`7,) percent of the contract price, said bond to be issued by a responsible surety ap- proved by the City Council and shall guarantee the faithful per- formance of the Contract and the terms and conditions therein con- tained and shall also guarantee the work performed and materials furnished against defects in ma- terials or workmanship for a pe- riod of one (1) year from the date of final acceptance of work by the City. The construction work shall be commenced within ten (10) days after execution of the Contract and shall be. fully completed on or before the 16th day of May, 1969, subject to any extension of time which may be granted by the City Council. Copies of the plans and specifi- cations and proposal forms may be obtained at the office of the City Engineer, in the City Hall, Dubuque, Iowa, or at the office of Durrant - Deininger - Dommer - Kramer - Gordon, Architects and Engineers, 1122 Rockdale, Du- buque, Dubuque County, Iowa, on deposit of the sum of Twenty -Five ($25.00) Dollars for each set of plans and specifications. The full amount of the deposit will be re- funded upon return of the plans and specifications, transportation prepaid, in good condition, within ten (10) days after the opening of bids. By virtue of statutory authority, a preference will be given to products and provisions grown, and coal produced, within the State of Iowa, and to Iowa domes- tic labor. No bid may be with- drawn within a period of thirty (30) days from and after the date fixed for opening bids. The City reserves the right to reject any or all prop and the contract will be awarded to the lowest responsible bidder. 408 Special Session, July 30, 1988 Published upon order of the City Council, City of Dubuque, Iowa. Walter A. Pregler Presiding Officer Pro Tem Attest: Leo F. Frommelt City Clerk S*otion 3. That all provisions set out in said form of notice are here. by recognized and prescribed by this City Council, and that all res- olutions or orders or parts thereof to the extent that same may be in conflict herewith are hereby re- pealed. Passed and approved this 30th day of July, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding officer pro tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None, Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans, specifications, form of contract and cost of improvements for con- struction of City of Dubuque 1968 Waste Water Treatment Facilities Site Pre -Consolidation, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: lowing vote: Yeas—Presiding officer pro tete Pregler, Councilmen Couchman Meyers, Schultz. Nays—None. Absent—Mayor McCauley. NECESSITY FOR IMPROVEMENT RESOLUTION NO. 318.68 WHEREAS, proposed plans, specifications, and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improve- ment. (2) An estimate of the cost of the improvement. for the construction of City of Dubuque 1968 Waste Water Treat- ment Facilities Site Preconsolida- tion. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, they shall be deemed to have waived all objections there- to. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from the Sanitation Sewage Rental Fund 139 Non -Budget C. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 15th day of July, 1968. Approved and placed on file for final action. APPROVED Sylvester McCauley Mayor Water A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt. City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as Special Session, July 30, 1968 407 proposed, by the City Council this 30th day of July, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved final adoption of the resolution. Seconded by Council- man Meyers. Carried by the fol- Yeas—Presiding officer pro tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Ordering Construction) RESOLUTION NO. 336.68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that pursuant to a Resolution of Necessity No. 318.68 which was duly passed by this Council for the construction of the City of Dubuque 1968 Waste Water Treatment Facilities Site Pre -Consolidation. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of propery owners. All work shall be constructed in accordance with the plans and s-ecifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED THAT the cost and expense of said improvement be paid from the Sanitation Sewage Rental Fund 139 Non -Budget C. BE IT FURTHER RESOLVED THAT this resolution being deem- ed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 30th day of July, 1968. Walter A. Pregler Presiding officer pro tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchmar Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- ion of the resolution. Seconded by 'residing officer pro tem Pregler. 'arried by the following vote: Yeas—Presiding officer pro tem 'regler, Councilmen Couchman, Acyers, Schultz. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of notice to con- tractors of receipt of proposals for construction of City of Dubuque 1968 Waste Water Treatment Facilities Site Pre -Consolidation, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Presiding officer pro tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. July 30, 1968 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M. Tuesday, July 30, 1968, for the construction of the Waste Water Treatment Facilities site preconsolidation. The lowest bid entered was sub- mitted by M. F. Goerdt Construc- tion Company of Dubuque, Iowa. Their bid was 18% under the Engineer's Estimate. 1 recommend that the contract for the improvement be awarded to M. F. Goerdt Construction Com- pany dependent upon approval from the Federal Water Pollution Control Administration. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Meyers. Carried by the following vote: yeas—Presiding officer pro tem Pr cg Councilmen Couchman, Meyers, Schultz. Nays—None. Absent --Mayor McCauley. (Awarding Contract) RESOLUTION NO. 33768 WIIERI:AS, sealed proposals have been submitted by contrac- 408 Special Session, July 30, 1968 tors for the Waste Water Treat- ment Facilities Site Preconsolida- tion, pursuant to Resolution No. 319-68 and notice to bidders pub- lished in a newspaper published in said City on July 18, 1968 and July 25, 1968; and WHEREAS, said sealed pro- posals were opened and read on July 30. 1968, and it has been determined that the bid of M. F. Goerdt Construction Company of Dubuque, Iowa in the amount of $32,800.00 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to M. F. Goerdt Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon singing of said contract and the approval of the contractors bond the City Treasurer is auth- orized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 30th day of July, 1968. Walter A. Pregler Presiding officer pro tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Presiding officer pro tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of notice of public hearing in proposed plans, specifications, and proposed form of contract covering the construe - tion of the Iowa Street Parking Garage in and for the City of Dubuque, Iowa. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication was received and filed. Seconded by Presiding officer pro tem Pregler. Carried by the following vote: Yeas—Presiding officer pro tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. July 29, 1968 To the Honorable Mayor and City Council Gentlemen: In accordance with the provisions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Com- mission conducted entrance exam- inations on Wednesday evening, July 1G, 1968, for persons seeking appointment to the POLICE DE- PARTMENT. The following named person has passed both the written and phy- sical examination and is hereby certified for appointment. George W. Schwenger 82% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 29th day of July, 1968. Eugene J. Berens Notary Public Presiding officer pro tem Preg- ler moved that the communication be received and made a matter of record. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Presiding officer pro tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Petition of Westside Realty Co. requesting permission to con struct an eight inch sanitary Special Session, July 30, 1988 409 sewer and an eight inch water main on a proposed street along side of Westside Manor to serve the proposed Shike -Richardson property and also the property farther to the west, presented and read. Presiding officer pro tem Preg- ler moved approval of the petition subject to approval of the City Engineer. Seconded by Councilman Couc'_iman. Carried by the follow- ing vote: Yeas—Presiding officer pro tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. There being no further business Councilman Couchman moved to adjourn. Seconded by Presiding officer pro tem Pregler. Carried by the following vote: Yeas—Presiding officer pro tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Leo F. Frommelt City Clerk. Approved....1.1888. Adopted Ij.w emb.e...... r l.8 1�g ......... City Clerk Regular Session, August 5, 1988 41.1. CITY COUNCIL Regular Session, August S, 1968. Council met at 7:30 P.M. (D.S.T.) Present—Councilmen Couchman, Meyers, Pregler, Schultz. City Man- ager Gilbert D. Chavenelle. Absent—Mayor McCauley. Councilman Meyers moved that Councilman Pregler be elected to serve as Presiding Officer Pro Tem of this meeting. Seconded by Coun. cilman Couchman. Carried by the following vote: Yeas — Councilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Absent—Mayor McCauley. Presiding Officer Pro Tem Preg- ler read the call and stated that service thereof had been duly made and this meeting is the Regular monthly meeting called for the purpose of acting upon such mat- ters as may properly come before the meeting. Communication of University of Iowa advising that Mr. Ward Hor- ton, assistant Recreation Director, has successfully completed the "Management Practices for Smaller Cities" course presented and read. Presiding Officer Pro Tem Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler. Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Communication of Dubuque Ad- visory Commission submitting a resolution relative to conditions in the Washington area neighborhood, presented and read. Councilman Meyers moved that the communi- cation and resolution be received and filed and referred to the Coun. cil. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas—Presiding Officer Pro Ten Pregler, Councilmen Couchman Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Councilman Meyers moved that he rules be suspended in order o let anyone present address the 7ouncil if they so desire. Seconded )y Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Mr. Keith Sheehy addressed the Council relative to the context of the resolution relating to the Washington neighborhood, by stat- ing that in his opinion it would be best to set up a meeting with the Council to discuss the matter in detail. This idea was agreed upon as satisfactory to the members of the Council. Communication of Knights of Co- lumbus advising of instituting a program during the 1968-69 school year consisting of teen dances and provide a teen social club for stu. dents of all the high schools, pre- sented and read. Presiding Officer Pro Tem Pregler moved that the communication be received and filed and a copy of the communi. cation be sent to Mr. Eller of the youth council. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Copy of communication from Dubuque Bldg. & Construction Trades Council to Les Harney as Chairman of the Airport Commis- sion voicing objection to the meth. od of letting the proposed Airport Terminal building under a single contract, presented and read. Pre- siding Officer Pro Tem Pregler moved that the communication be received and filed and that a com- munication explaining the situation be sent to the Building & Trades Construction Trades Council. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. 412 Regular Session, August 5, 1968 July 25, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Water Depart- ment, City Auditor, City Treasurer, as well as a list of claims and pay- rolls for which warrants were drawn for the month of June 1968. Respectfully, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Preg- ler moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman. Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of June 1968, presented and read. Councilman Meyers moved that the proof of publica- tion be received and filed. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilman Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. August 5, 1968 To the. Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bond and desire to have your approval on same. SIDEWALK George Frommelt, Merchants Mu- tual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Preg- ler moved that filing of the bond be approved subject to approval of the City Solicitor. Seconded by 'ouncilman Meyers. Carried by :he following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilman Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. August 5, 1968 To the Honorable Mayor and City Council Gentlemen: This letter is to inform you about proposed traffic signal loca- tions which have been brought to your attention over the past months. On July 31st the Traffic Com- mittee determined to bid traffic signals at the following locations: 1. University and Pennsylvania 2. Bryant and Dodge 3. Bluff and Dodge 4. Thirty-second and Central The Engineering Department is preparing plans and specifications during the week of August 5th. These will shortly be placed before you for consideration. It is our intention to purchase the signal material and bid the construction work. We believe that the four installa- tions can be done within the funds budgeted. However, this will de- pend on the bids received. It may be necessary to eliminate one installation. About six months is required for the delivery of the material; con- sequently, it is not expected that the signals will be installed before the Spring of 1969. In regard to the signalization of Kennedy Road and Highway 20, the Engineering Department is for- warding a plan to the State High- way Commission this week. The State Highway Department has requested a review of the plans. I am returning to you the peti- tions received from Flexsteel In- dustries and the Irving School P.T.A. They have been informed of the action being taken. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Regular Session, August 5, 1968 413 Schultz. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. August 5, 1968 To the Honorable Mayor and City Council Gentlemen: This note is about the truck route on First Street. On July 31st, the Traffic Com- mittee discussed the problem. Truck traffic counts are being taken during the week of August 5th. The Committee has requested a meeting with the Council after the count has been complete. I suggest a meeting during the week of August 12th. Respectfully requested, Gilbert D. C:havenelle City Manager Councilman Couchman moved that the communication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. August 5, 1968 Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of Anne Rooney and others requesting street lighting on Diag- onal Street. The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled on an existing pole at the southwest corner of the inter. section of Diagonal Street and Traut Terrace. July 24, 1968 Honorable Mayor and City Council Gentlemen: On April 3, 1967, Mrs. Margaret McClain filed claim against the City of Dubuque in the amount of $1,500.00 for injuries allegelly suffered on the 9th day of Febru- ary, 1967, as the result of an alleged fall on a public sidewalk at Farley Street about 100 feet east of alley on the south side of the street between Lincoln and Rhomberg Avenue, and this matter was referred to the writer. I have made an investigation of this matter and have conferred with claimant's attorney and they have made an offer of settlement in the amount of $250.00, and 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. Mar- garet McClain in the amount of 5250.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed re- lease. Original claim is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Schultz moved that the: recommendation of the City Attorney be approved. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilman Couchman, Meyers, Schultz. Nays ---None. Absent—Mayor McCauley. Respectfully requested, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Preg- ler moved that the recommenda- tion of the Manager be approved. Seconded by Councilman Meyers. Carried by the following vote: _ &A– July 24, 1968 Honorable Mayor and City Council Gentlemen: On October 31, 1967, Agnes Baumhover of 1499 Jackson Street filed claim for damages as a re- sult of a fall allegedy occurring on September 14, on the public 414 Regular Session, August 5, 1968 walk abutting the alley lying be- tween 15th Street and Washington Street in the City of Dubuque, Iowa, and as a result of said al- leged fall suffered a broken hip and incurred hospital expenses of $1,481.00, medical expenses of $373.00, and loss of wages in the approximate amount of $900.00. I have made an investigation of this matter and have conferred with the claimant and the claimant has made an offer of settlement in the amount of $400.00, and 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. Agnes Baumhover in the amount of $400.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed re- lease. Original claim is attached herewith. Respectfully submitted, R. N. Russo City Attorney Presiding Officer Pro Tem Preg- ler moved that the recommenda- tion of the City Attorney be ap- proved. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilman Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley Notice of claim of Dennis M. Hartke, in an undetermined amount, for car damage received as the result of running into an excavation at 6th and Iowa Street on July 15, 1968, presented and read. Presiding Officer Pro Tem Pregler moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Notice of claim of Ethel A. Wil- liams, of Galena, Ill., in an unde- termined amount, for personal injuries received in a fall in the parking ramp on June 13, 1968, presented and read. Presiding Of- ficer Pro Tem Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Notice of Claim of Catherine Heiderscheit, in an undertermined amount, for personal injuries re- ceived in a fall on Iowa Street as the result of a defect in the street surface on July 22, 1968, presented and read. Presiding Officer Pro Tem Pregler moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider amending the Zoning Ordinance No. 3-34, so as amend Article IV Section 2 (h) to include Lot 1 of 2 of NE'A, SEI/4, Sec. 21, T. 89, N. R. 2 E in professional office use classifica- tion, presented and read. No writ- ten objections were filed and no oral objectors were present in the Council Chambers at the time set for the public hearing. Presiding Officer Pro Tem Pregler moved that the proof of publication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. ORDINANCE NO. 49.68 An Ordinance Amending Ordin- ance No. 3.34 known as the Zon. ing Map and Zoning Ordinance of the City of Dubuque, Iowa, by amending Acticle IV, Section 2 J Regular Session, August 5, 1968 415 (h) thereof to Include certain described real estate in which Professional offices or Studios of a Physician, Dentist, Archi- tett, Engineer, Lawyer, Realtor, Insurance, Musician or similar professions may be permitted, said Ordinance having been pre- viously presented and read at the Council meeting of July 15, 1968, presented for Final Adoption. ORDINANCE NO. 49-68 AN ORDINANCE AMENDING ORDI- NANCE NO. 3.34 KNOWN AS THE ZONING MAP AND ZONING ORDI- NANCE OF THE CITY OF DUBUQUE. IOWA BY AMENDING ARTICLE IV, ECTION 2. (h) THE4EOF TO INCLUDE } CERTAIN DESCRIBED REAL ESTATE IN WHICH PROFESSIONAL OFFICES OR STUDIOS OF A PHYSICIAN, DEN- TIST, ARCHITECT, ENGINEER, LAW- YER, MUSI- C AN OR SIMILAR tPROFESSIONSURANCENS MAY BE PERMITTED. NOW THEREFORE BE IT ORDAINED OBY THE CITE, COUNCIL OF THE CITY F Section 1. That Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same is hereby amended by amending Article IV, Section 2. (h) there- of as follows: "ARTICLE IV. Section 2. (h) Profssional physic an, dentists architect, engor studios, of a neer, lawyer, reactor, Insurance, withinf he followi Bs or similar ldescribbed areas Lot 1 of Lot 2 of the northeast ofaSectlonf 21heTownships89gNorth. uarter Range 2 East In the Clty o1 Du- buque, Iowa." Passed, approved and adopted this Sth •lay of August, 1968. WALTER A.PREGLER Presiding officer Pro Tem MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN Councilmen Attest: Leo F. Frommeit City Clerk Published officially In The Telegraph - Herald Newspaper this 9th day of August 1968. LEO F. FROMMELT city Clerk 1t. 8/9 Yeas—Presiding Officer Pro Tem Pregler, Councilmen, Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Petition of Steger Construction Co. requesting release of Perfor- mance Bond No. 9503-1770 cover- ing Subdivision improvements, pre- sented and read. Presiding Officer Pro Tem Pregler moved that the petition be referred to the City Manager and staff. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Petition of D. A. V. Fighting Back Chapter No. 6 requesting per- mission to conduct sale of Forget Me Not flowers on August 23, and 24th, presented and read. Presid- ing Officer Pro Tem Pregler moved approval of the Petition. Seconded by Councilman Couchman. Carrie by the following vote: Petition of "Dubuquettes" re- questing that they be honored by becoming the possessor the City flag to be flown during their per- formances as a drum and bugle corps, presented and read. Presid- ing Officer Pro Tem moved that the petition be referred to the Council. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Petition of Harry E. O'Connell of 225 S. Locust St. requesting that Lot 3 and six feet of Lot 4 of Stout's Addn. be rezoned from Two Family Dwelling to Commer- cial Zoning Classification, pre- sented and read. Councilman Meyers moved that the petition be referred to the Planning and Zoning Commission. Seconded by Councilman Schultz. Carried by the. following Vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None- Absent—Mayor McCauley. Petition of Francis O'Connor attorney, as a representative of Harry E. O'Connell, requesting conveyance to Mr. and Mrs. O'Con- nell of the encroachment 4 tin 1 and the North 6' of Lot city owned d Stout's Dubuqueupon and read. property, presented 416 Regular Session, August 5, 1968 Councilman Meyers moved that the petition be referred to the City Solicitor. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Petition of Peoples Natural Gas requesting permission to excavate at the intersection of W. 5th and Nevada streets, presented and read. Councilman Schultz moved that the petition be approved. Seconded by Presiding Officer Pro Tem Pregler. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Petition of Rhomberg Furs re- questing permission to install a carpet across the walk at the entrance of their store at Tenth & White Street, presented and read. Presiding Officer Pro Tem Pregler moved that the petition be referred to the City Manager and staff. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Petition of Mrs. Robert Menning et al (64 signers) requesting the erection of a street light on the corner of West Third and Winona streets, presented and read. Coun- cilman Meyers moved that the petition be referred to the Man- ager and Electrical Inspector for investigation and report. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Petition of Mrs. Ray Gross et al (47 signers) requesting immediate action to correct sanitary sewer back-up problem on West Locusl Street, presented and read. Pre- ;iding Officer Pro Tem Pregler moved that the petition be re- ^eived and filed and referred to the Engineering Department for investigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Mr. Greg Francois, a resident on West Locust Street, and one of the signers on the Gross petition raised the question why they should be obliged to put in a petition for the correction of a sewer problem. Evidently someone in charge at the City Hall request- ed that a petition be drawn up in the interest of proper procedure. The Council saw no harm in the procedure as recommended. Petition of David W. Leifker, requesting permission to occupy two locations in the Downtown area on Main Street for the pur- pose of soliciting signatures and signing of pledge cards for the "McCarthy for President" club, presented and read. Presiding Of- ficer Pro Tem Pregler moved that the petition be referred to the City Manager for approval. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Petition of Carl E. Nagelmaker, as curving spouse of Colleen Nagel - maker, requesting a refund on the unexpired portion of Class B Beer license No. 18, presented and read. Presiding Officer Pro Tem Pregler moved that the refund be granted and the Auditor instructed to issue proper warrent. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Pregler, Councilman Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Petition of Mathias A. Schneller requesting a refund of $75. on the unexpired portion of cigarette Am - Regular Session, August 5, 1968 417 license No. 237, as he has discon- tinued business on July 28, 1968, presented and read. Presiding Of- ficer Pro Tem Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman. Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Petition of Mathias A. Schneller requesting a refund of $100. on the. unexpired portion of Class B Beer License No. 25, as he. has discontinued business on July 28, 1968, presented and read. Presid- ing Officer Pro Tem Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider proposal to dispose of Lot 2 of the Sub. of Lot 2 of Block 6 and Lot 2 of the Sub. of Lot 5 all in River Front Sub. No. 3 to Dubuque Industrial Development Corporation for a total purchase price of $20,000, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Presiding Officer Pro Tem Pregler moved that the proof of publica- tion be received and filed. Second. ed by Councilman Couchman. Car- ried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent ---Mayor McCauley. the City of Dubuque. Iowa, on July 10, 1968, and July 17, 1968, City Council of Dubuque, Iowa, met on the 5th day of August, 1968, at 7:30 o'clock P.M. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque in the following described real estate to Dubuque Industrial Development Corpora- tion: Lot 2 of the Subdivision of Lot 2 of Lot 2 of Block 6 of River Front Subdivision No. 3 and Lot 2 of the Subdivision of Block 5 River Front Subdivision No. 3, all in the City of Dubuque, Iowa. WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Du. buque Industrial Development Cor- poration. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Dubuque Indus- trial Development Corporation covering the following described real estate, to -wit: Lot 2 of the Subdivision of Lot 2 of Lot 2 of Block 6 of River Front Subdivision No. 3 and Lot 2 of the Subdivision of Block 5 River Front subdivision No. 3, all in the City of Dubuque, Iowa, for the total purchase price of 0.00 same is hereby approved, subjecttothe following terms and conditions, to - wit: RESOLUTION NO. 338-68 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspaper of general circulation published in A. That said parcel of real estate be sold to Dubuque Industrial Development Corporation for the construction of a new plant; B. That the sale of said real estate shall be at the rate of Five Thousand ($5,000.00) Dol- lars per acre or a total pur- chase price of $20,000.00, and receipt of down payment of $2,000.00 is herewith acknowl- edged. 418 Regular Session, August 5, 1968 C. That construction of said plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchasers, said real estate shall revert to the City of Dubuque, Iowa, and purchase price less damages shall be refunded to the purchasers. D. That the construction of all building, buildings, yards, parking lots, fences shall be constructed in conformance with existing City codes. E. That the Dubuque Industrial Development Corporation shall have the right of first refusal to purchase an additional three acres lying immediately north and adjacent to the tract of land hereinabove described, at a price equivalent to the same price as contem- plated in the sale of said prem- ises to any other purchaser and upon the same terms and conditions as hereinabove set forth in A., C., and E. above. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Dubuque Industrial Development Corporation upon re- ceipt of total purchase price in the amount of $20,000.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Schultz. Carried by the following vote: Presiding Officer Pro Tem Preg- ler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of Notice of pub. lic hearing to consider proposal to dispose of Lot 1 of the Sub. of Lot 2 of Lot 2 of Block 6 River Front Subdivision No. 3 to Ameri- can Trust & Savings Bank Trustee of Dubuque Packing Company Pen- sion Trust at a sale price of $3500. per acre, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Aleyers moved that the proof of publication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 33968 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on July 10, 1968, and July 17, 1968, City Council of Dubuque, Iowa, met on the 5th day of August, 1968, at 7:30 o'clock P.M. (Central Daylight Sav- ing Time) in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Du- buque in the following described real estate to American Trust & Savings Bank, Trustee of Dubuque Packing Company Pension Trust: Lot 1 of the Subdivision of Lot 2 of Lot 2 of Block 6 River Front Subdivision No. 3, in the City of Dubuque, Iowa. WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to American Trust & Savings Bank, Trustee of Dubuque Packing Company Pen- sion Trust. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to American Trust Regular Session, August 5, 1968 419 & Savings Bank, Trustee of Du- buque Packing Company Pension Trustcovering the following de- scribed real estate, to -wit: Lot 1 of the Subdivision of I of 2 of Lot 2 of Block 6 River Front Subdivision No. 3, in the City of Dubuque, Iowa, for the total purchase price of $17,500.00 be and the same is here- by approved, subject to the follow- ing terms and conditions, to -wit: A. That the sale of said real estate shall be at the rate of Three Thousand Five Hundred ($3,- 500.00) Dollars per acre or a total purchase price of $17,- 500.00. B. That the construction of all building, buildings, y a r d s, parking lots, fences shall be constructed in conformance with existing City codes. of conveyance to American Trust & Savings Bank, Trustee of Du- buque Packing Company Pension Trust upon receipt of total pur- chase price in the amount of $17,- 500.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen C. That the City reserves and re- tains unto itself perpetually easements in and to said real estate covering any utilities presently installed and located in the said real estate and the City of Dubuque reserves and retains unto itself a perpetual easement for flood dike and for railroad tracks to be locat. ed therein and to serve the said real estate and the City reserves and retains unto itself a perpetual easement 20 feet in width presently existing in the maintenance of rip -rap, all of which easements herein. above reserved and retained shall include the right of in- gress thereto and egress there- from. D. That American Trust & Sav- ings Bank, Trustee of Dubuque Packing Company P e n s i o n Trust, and Marill Chemical Company, an Iowa corporation, shall each execute and deliver to the City of Dubuque, Iowa, a Quit Claim Deed conveying all of its right, title and inter est in and to: Lot 2 of Lot 2 of Lot 2 of Block 6 "Rives Front Subdivision No. 3" in th( City of Dubuque, Iowa. Section 2. That the City Clerl be and he is hereby authorized ani directed to deliver the said deep Attest: Leo F. Frommelt. City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of notice of pendency of resolution of necessity for public improvements and hear- ing upon proposed plans, specifica- tions, form of contract for improve. merit of landscaping and tree plant- ing on Iowa Street from 4th Street to 10th Street, presented and read. Presiding Officer Pro Tem Preg. ler moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. (Necessity for Improvement) RESOLUTION NO. 8-6Plans, WHEREAS, proposed specifications, and form f Con- tract and have been duly prepared Council approved by the City lows, and of the City of Dubuque, are now on file in theoffficcee other f the City Clerk showing among things the following: 420 Regular Session, August 5, 1968 (1) The plan of such improve- ment (2) An estimate of the cost of the improvement for the improvement of landscap- ing and tree planting on Iowa Street from the south property line of 4th Street to the north property line. of 10th Street. 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 will be paid from the Road Use Tax Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of July, 1968. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved final adoption of the resolution. Second- ed by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. (Ordering Construction) RESOLUTION NO. 340.68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA that pursuant to a Resolution of Necessity No. 308-68 which was duly passed by this Council for the improvement of landscaping and tree planting on Iowa Street from the south property line of 4th Street to the north property line of 10th Street. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. All work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the Road Use Tax Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher of Notice to Con- tractors of Receipt of bids for Landscaping and 'free Planting Im- provements on Iowa Street from the S.P.L. of 4th Street to the N.P.L. of 10th Street, presented and read. Regular Session, August 5, 1968 421 Presiding Officer Pro Tem Preg- ler moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man. Meyers, Schultz. Nays—None. Absent—Mayor McCauley. August 5, 1968 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, August 5, 1968, for the improvement of Land- scaping and Tree Planting on Iowa Street. The lowest bid entered was sub- mitted by The Nauman Nursery of Dubuque, Iowa. Their bid was 4.5217c over the Engineer's Esti- mate. I recommend that the contract for the improvement be awarded to The Nauman Nursery. Respectfully submitted, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Preg- ler moved that the recommenda- tion of the City Manager be ap- proved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch, man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. (Awarding Contract) RESOLUTION NO. 341.68 WHEREAS, sealed proposals have been submitted by contrac. tors for the improvement of: Land- scaping and Tree Planting on Iowa Street from the S.P.L. of 4th Street to the N.P.L. of 10th Street pur- suant to Resolution No. 340-68 and notice to bidders published in a newspaper published in said City on July 18, 1968 and July 25, 1968; and WHEREAS, said sealed propos- als were opened and read on Au- gust 5, 1968, and it has been de- termined that the bid of The Nau- man Nursery of Dubuque, Iowa in the amount of $48,545.50 was the lowest hid for the furnishing of all labor and materials and per. forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to The Nauman Nursery and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the 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 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. July 24, 1968 Honorable Mayor and Council Members Gentlemen: The Planning and Zoning Com- mission has reviewed the final plat of Block 18, 19, and 21 of Key Knolls Subdivision. The Com- mission has found that the plat meets the minimum requirements of the Subdivision Regulations and is an appropriate design for this area. It is the recommendation of the Planning and Zoning Commission that the plat be approved. Sincerely, Don Gilson Director of Planning 4:2 Regular Session, August 5, 1988 Presiding Officer Pro Tem Preg- ler moved approval of the recom- mendation. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 34248 Resolution approving the plat of Block 18, Block I9 and Block 21 each in "Key Knolls Subdivision" in the City of Dubuqua, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 18, Block 19 and Block 21, each in "Rey Knolls Subdivision" in the City of Dubuque, Iowa, by Hillcrest Investment Inc.; and WHEREAS, upon said plat ap- pear streets to be known as Hill- crest Road, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or pav- ing, sewer or water installed; NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Hillcrest Road, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of Block 18, Block 19 and Block 21, each in "Key Knolls Subdivision" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are here- by authorized and directed to en- dorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said prop- erty herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Hillcrest Road with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service lat. erals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in ac- cordance with plans sub- mited with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To construct the foregoing improvements in accordance with plans and specifications approved by the City Man- ager, under the inspection of the City Engineer, and in a manner aproved by the City Manager; g. To maintain the foregoing improvements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing construction and maintenance at the sole expense of the Subdivider, Hillcrest Invest- ment Inc., as owner; i. To construct said improve- ments, except sidewalks, prior to July 1, 1970, and to construct the sidewalks prior to July 1, 1972; and further provided that said Hillcrest Investment Inc., as owner of said Subdivision, secure the per- formance of the foregoing con- ditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Hill- crest Investment Inc., shall fail to J Regular Session, August 5, 1968 423 execute the ace nce.for fuand rnish nish the security provided Sec- tion 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective.. PAS`IED, ADOPTED AND AP- PROVED by unanimous recorded roil call this 5th day of August, A.D., 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk meeting for issuance of Flood Pro- tection Bonds, in the amount of $83,000, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Couchman moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. ACCEPTANCE OF RESOLUTION No. 342-68 HILLCREST INVESTMENT INC., being familiar with the terms and conditions of the foregoing RESO- LUTION NO. 342-68 hereby accept the same and agree to perform the conditions required of it therein. Dated this 16th day of Septem- ber, 1968. HILLCREST INVESTMENT INC. By Blanche A. Hansel, Vice Presi- dent By Russell L. Rafoth, Secretary (Corporate) ( Seal ) CERTIFICATION TO: LEO F. FROMMELT CITY CLERK This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 342-68 has been provided by the owners. Dated at Dubuque, Iowa, this 20th day of September, 1968. Gilbert D. Chavenelle, City Manager Presiding Officer Pro Tem Preg- ler moved adoption of the. resolu- tion. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman Meyers, Schultz. Nays—None. Absent --Mayor McCauley. Proof of Publication, certified t( by the Publisher, of notice 0 RESOLUTION NO. 343-" A RESOLUTION Inifinting pro- ceedings for the issuance of $83,000 Flood Protection Bonds. WHEREAS the City of Dubuque, Iowa, has heretofore incurred ex- penses in combating a flood caused by the overflowing of the Missis- sippi River within said City; and WHEREAS for the purpose of paying said expenses, to the amount of $83,000, it is necessary that provisions be now made for the issuance of bonds of said City in the principal amount of $83,000 payable from taxes levied upon all the taxable property in said City as authorized and permitted by Chapter 333 of the laws of the Sixty-second General Assembly of the State of Iowa; and WHEREAS notice and hearing on the initiation of proceedings forthe issuance of said bonds has heretofore been given in nee and form required by Section 2 3-12 and 408A.1 of the Code of Iowa, 1966, and no petition or protest against the issuance of said bonds has been filed or made and no petition has been filed requesting that the proposition of issuing said bonds be submitted at an election; NOW, THEREFORE, Be It Re solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the City Clerk be and he is hereby authorized and directed to arrange for the preparation of a form of resolu- tion authorizing the issuance of $83,000 Flood Protection Bonds stof said City and providing ! he levy of taxes to pay the same. 42.4 Regiilar Session, Aupist 5, 1968 Section 2. That this hearing be adjourned to the 16th day of Sep- tember, 1968, at the Council Cham- bers in the City Hall at 7:30 o'clock P.M., at which time the resolution referred to in the preceding sec- tion hereof will be brought up for consideration by this Council. Section 3. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed and this resolution shall be effective forthwith upon its passage and approval. Passed and approved August 5, 1968. Walter A. Pregler Presiding Officer Pro Tem Attest: Leo F. Frommelt City Clerk Recorded August 5, 1968. Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of Notice of public hearing on the proposed acquisition of parking facilities, in the area bounded on the north by the south property line of Eighth street, bounded on the east by the west property line of Iowa Street, bounded on the south by the north property line of Sixth Street, and bounded on the west by the east side of the alley lying between Iowa Street and Main Street, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Presiding Officer Pro Tem Preg- ler moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Meyers. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 344-68 RESOLUTION determining that public convenience and neces- sity will be served by the acqui. sition of additional public motor vehicle parking facilities. WHEREAS the City of Dubuque, in Dubuque County, Iowa, has heretofore established a system of public motor vehicle parking facil. ities in said City consisting of both on -street parking meters and off. street parking facilities and has established regulations for the use and operation thereof in order to properly regulate and control traffic upon the congested streets within said City; and WHEREAS the increased use by the public of motor vehicles has caused serious traffic congestion in the streets of the business sec- tion of said City, thus preventing the free circulation of traffic in, through and from said City, im- peding the rapid and effective handling of fires and operation of police forces and endangering the health, safety and welfare of the general public; and WHEREAS it is necessary and advisable to add to, extend and improve said system of public motor vehicle parking facilities as contemplated by the report en- titled "Iowa Street Parking Ramp for the City of Dubuque, Iowa, Project 1806.00", dated July, 1968, prepared by DeLeuw, Cather k Company, Consulting Engineers, now on file with the City Clerk, and consisting of acquiring the real estate not already owned by the City in the area bounded on the north by the south property line of Eighth Street, bounded on the east by the west property line of Iowa Street, bounded on the south by the north property line of Sixth Street, and bounded on the west by the east side of the alley lying between Iowa Street and Main Street, all in the City of Dubuque, Iowa, and construct- ing thereon a multi-level motor vehicle parking structure; and WHEREAS notice and hearing on the question of whether or not public convenience and necessity will be served by acquiring and thus improving said real estate for parking purposes has hereto- fore been given in the manner and Regular Session, August 5, 1968 425 form required by Section 390.1 of the Code of Iowa, 1966, and all persons affected by the establish- ment of said proposed facilities have been heard; NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That all objections to the acquisition of the additional parking facilities as hereinafter described be and the same are hereby overruled. Section 2. That it is hereby found, determined and declared that public convenience and neces- sity will be served by acquiring the real estate not already owned by the City of Dubuque in the area bounded on the north by the south property line of Eighth Street, bounded on the east by the west property line of Iowa Street, bounded on the south by the north property line of Sixth Street, and bounded on the west by the east side of the alley lying between Iowa Street and Main Street in said City and constructing thereon a multi-level motor vehicle park- ing structure in and for said City of Dubuque, Iowa. Section 3. That all orders or resolutions, or parts thereof, in conflict herewith be and the same are hereby repealed. Passed and approved August 5, 1968. Walter A. Pregler Presiding Officer Fro Tem Attest: Leo F. Frommelt City Clerk Recorded August 5, 1968. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of Notice of Meeting for issuance of Airport bonds in the amount of $490,000 presented and read. RESOLUTION NO. 345.68 RESOLUTION initiating proceed- ings for the issuance of $490,000 Airport Bonds of the City of Du- buque, Iowa. WHEREAS the City of Dubuque, in the County of Dubuque, and State of Iowa, has heretofore established a municipal airport pursuant to an election under the law as now contained in Chapter 330 of the Code of Iowa, 1966, and it is necessary and for the best interests of said City that said air- port be improved as requested by the Airport Commission of said City, and under the provisions of Section 330-16 of the Code of Iowa, 1966, the City of Dubuque, Iowa, is authorized to issue its Airport Bonds in the amount of $490,000 for said purpose; and WHEREAS it is necessary and advisable that provisions be made for the issuance of such bonds and notice and hearing on the initia- tion of proceedings for such issuance has heretofore been given in manner and form required by Sections 23.12 and 408A.1 of the Code of Iowa, and no petition nor protest has been filed, and no petition has been filed asking that an election be called on the ques- tion of issuing said bonds; NOW THEREFORE, BE IT Rh of solved by the City City of Dubuque, Iowa, as follows: Section 1. That the City Clerk be and he is hereby authorized and instructed to arrange for the preparation of a form of resolution authorizing the issuance of these bonds and providing sameforthe levy of taxes to pay Section 2. That this hearing on the issuance of said bonds be and the same is hereby adjourned 426 Regular Session, August 5, 1968 to the 16th day of September. 1968, at 7:30 o'clock P.M.. Central Daylight Saving Time, at the Coun- cil Chambers in the City Hall in said City, at which time and place said form of resolution shall be presented to this Council for action thereon in connection with the issuance of these bonds. Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed and this resolution shall be effective forthwith upon its passage and approval. Passed and approved August 5, 1888. Walter A. Pregler Presiding Officer Pro Tem Attest: Leo F, Frommelt City Clerk Recorded August 5, 1968. Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz, Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 346-68 RESOLUTION to fix a date of meeting at which it is proposed to take action for the issuance of ;1,995,000 Sewer Bonds. WHEREAS it is necessary and for the best interests of the City of Dubuque, Iowa, and its inhabit. ant to build and construct, extend and improve sewers and a sewer outlet and purifying plant in and for said City, and it is necessary that the cost thereof, to the amount of $1,995,000, be now pro- vided for by the issuance of bonds payable from the proceeds of taxes levied on all the taxable property in said City as authorized and per- mitted by Section 396.22 of the Code of Iowa, 1966, but it is neces- sary to first provide for notice and hearing in the manner and form required by Chapter 23 of the Code of Iowa; NOW, THEREFORE, BE IT Re. solved by the City Council of the City of Dubuque, Iowa, as follows: Section I. That this Council Meet at the Council Chambers in the City Hall in said City on the 26th day of August, 1968, at 7:30 o'clock P.M., Central Daylight Saving Time, at which time and place proceedings will be insti- tuted and action taken for the issuance of $1,995,000 Sewer Bonds for the purpose of paying the cost. to that amount, of building and constructing, extending and im- proving sewers and a sewer outlet and purifying plant in said City. Section 2 The City Clerk is hereby directed to give notice of Proposed action for the issuance of said bonds, setting forth the amount and purpose thereof, the time when and place where said meeting will be held, by publica- tion at least once not less than fifteen (15) days before said meet- ing, in the "Telegraph -Herald", a newspaper published and having a general circulation within said City. Said notice shall be in sub- stantially the following form: NOTICE OF MEETING FOR ISSUANCE OF SEWER BONDS The City Council of the City of Dubuque, in Dubuque County, Iowa, will meet on the 26th day of August, 1968, at the Council Chambers in the City Hall, Dubu- que, Iowa, at 7:30 o'clock P.M., Central Daylight Saving Time, for the purpose of instituting proceed- ings and taking action for the issuance of $1,995,000 Sewer Bonds of said City, bearing interest at a rate or rates not exceeding five per cent (5%) per annum, for the pur- pose of defraying the cost, to that amount, of building and construc- ting, extending and improving sewers and a sewer outlet and purifying plant in and for said City. At any time before the date of said meeting a petition or petitions setting forth objections thereto may be filed in the office of the City Clerk as permitted by law. By order of the City Council August 5, 1968. Leo F. Frommelt City Clerk Section 3. That all resolutions or Parts thereof in conflict herewith be and the same are hereby re. Regular Session, August 5. 1988 427 pealed, and this resolution shall be effective forthwith upon its passage and approval. Passed and approved August 5, 1968. Walter A. Pregler Presiding Officer Pro Ten, Attest: Leo F. Frommelt City Clerk Recorded August 5. 1968. Leo F. Frommelt City Clerk sion of City Lot 180 and the South 11 feet of City Lot 179 in the City of Dubuque, Iowa," according to the United States Commissioners' Map and the re- corded plat thereof. (Parcel 8-9) OWNER—Edmund G. Gartner and Odelia I. Gartner, Daniel T. Gartner and Marion Gartner, George C. Gartner and Elizabeth L. Gartner PROPERTY DESCRIPTION—Lots 2, 3, and 4 in "Weigel's Subdi- vision of City Lot 180 and the Councilman Couchman moved South 11 feet of City Lot 179 in adoption of the resolution. Second- the City of Dubuque," and the ed by Councilman Meyers. Carried Westerly one-half of a tract des - by the following vote: ignated "Waterway 31/12 feet yeas—Presiding Officer Pro Tem wide by 75 feet long" on Plat Pregler, Councilmen Couchman, of said ofSubdi Subdivision, recorded records Meyers, Schultz. Book Nays—None. of Dubuque, County, Iowa. (Par- Absent—Mayor McCauley. cel 8.10) OWNER—Frank Berwanger Boiler Shop, Inc. PROPERTY DESCRIPTION — Northerly 29 feet 7 inches of Lot 240 in the Town (now City) of Dubuque, Iowa, according to the United States commission- er's Map of the survey of said Town of Dubuque. (Parcel 10.8) OWNER—Mae Berwanger PROPERTY DESCRIPTION — South 25 feet 2 inches of the North 26 feet I inch of Lot 239 in the Town, now City of Dubuque, Iowa, according to the recorded Plat thereof. RESOLUTION NO. 347.68 Authorizing the condemnation of certain parcels of real estate In the Downtown Urban Renew- al Project, Iowa R-15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to such contract and to implement the Urban Renewal Section 2. That the Director of Plan for the Project Area deems the Department of Urban Renewal it necessary and in the public in- terest that the property hereinaf- for the City of Dubuque, Iowa, be ter described be acquired; and and he is hereby directed to cause WHEREAS, all attempts by the condemnation proceedings be in - Department of Urban Renewal of stituted as is provided by law to the City of Dubuque to negotiate acquire said real estate hereinbe. with the owners for the purchase fore described, and the said Di - of the following described prop• rector of the Department of Ur- erty have failed; now therefore ban Renewal is hereby authorized BE IT RESOLVED by the Coun- to do any and all things necessary cil of the City of Dubuque, Iowa and requisite to such condemna- tion proceedings. Section 1. That the following de- Passed, approved and adopted scribed real estate owned by the Persons indicated, be and the same this 5th day of August, 1968. should be acquired to implement Walter A. Pregler the Urban Renewal Plan for the Presiding Officer Pro Tem Downtown Urban Renewal Proj- Donald R. Meyers ect, Iowa R-15. Gaylord M. Couchman OWNER—F. M. Jaeger Hardware Councilmen Company PROPERTY DESCRIPTION — Lot 5 in "Plat of Weigel's Subdivi- Attest: Leo F. Frommelt City Clerk 428 Regular Session, August 5, 1965 Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers. Nays --Councilman Schultz. Absent—Mayor McCauley. RESOLUTION NO. 348-69 Accepting delivery of deeds for the Downt�.wn Urban Renewal Project, Iowa R-15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to authorization and direction of said Loan and Capital Grant Contract, has ac- quired for the public purpose of implementing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That delivery of deeds to the City of Dubuque for the following described parcels of real estate in the Downtown Urban Re- newal Project, Iowa R-15 is hereby ratified and accepted by the City of Dubuque. GRANTOR—Katharine F. Ruchte, deed dated July 24, 1968, re- corded in Book 196, page 340. PROPERTY DESCRIPTION The South 30 feet of Lot 32 in the City of Dubuque, Iowa, ac- cording to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel No. 2-3) GRANTOR — Kate B. Lacy and Robert W. Clewell, Co-Conserva. tors, deed dated June 14, 1968, recorded in Book 196, page 209. PROPERTY DESCRIPTION — The Undivided Two-thirds inter- est in Lot 146 and the Southerly 11.2 feet of Lot 147 in the City of Dubuque, Iowa, according to the United States Commission- ers' Map of the Town of Du- buque, Iowa. (Parcel No. 3-5) GRANTOR -Mane A. Milson Lyons and Mary B. Chalmers, Trustees: William K. Stevens and Anne Stevens; Mary B. Chalmers and Edward L. Chalmers; William B. Witmer and Natalie Witmer; Edgar B. Witmer and Harriette Witmer, Kate W. Bradley; Wil. liam Bradley Lewis and Grace Lewis; Elizabeth Lewis Noble; Margaret Lewis Madsen and Donald Madsen; and Geoffrev C. Bain, Trustee. Deed dated May 28, 1968. Recorded in Book 196, page 211. PROPERTY DESCRIPTION — An undivided one-third interest in Lot 146 and the Southerly 11.2 feet of Lot 147, in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. (Parcel 3-5) GRANTOR—Mary Louise Bradley Chalmers and Edward L. Chal- mers; Kate W. Bradley; William K. Stevens and Anne Stevens; Jane Milson Lyons and Mary B. Chalmers, Trustee; W i 11 i a m Bradley Witmer and Natalie Witmer; Edgar Bradley Witmer and Harriette Witmer; Geoffrey C. Bain, Trustee; William B. Lewis and Grace Lewis; Eliza- beth Lewis Noble; and Margaret Lewis Madsen and Donald Mad- sen. Deed dated May 28, 1968. Recorded in Book 196, Page 215. PROPERTY DESCRIPTION —The North 25 feet of Lot 174 and the Middle 22% feet of Lot 174 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof. (This property is sometimes de- scribed as the North 47 feet of Lot 174 in the City of Dubuque, Iowa, according to the United States Commissioners' Map there- of.) (Parcel No. 5-13) GRANTOR—Mary Louise Bradley Chalmers and Edward L. Chal. mers; Kate W. Bradley; William K. Stevens and Anne Stevens; Jane Milson Lyons and Mary B. Chalmers, 'Trustee; William Brad- ley Witmer and Natalie Witmer; Edgar Bradley Witmer and Har- riette Witmer; Geoffrey C. Bain, Trustee; William B. Lewis and Grace Lewis; Elizabeth Lewis Noble; and Margaret Lewis Mad- sen and Donald Madsen. Deed 'L Regular Session, August 5, 1968 429 dated May 29, 1968. Recorded in Book 196, Page 221. PROPERTY DESCRIPTION —Lot 176A in the City of Dubuque, Iowa, according to the United States Commissioners' Map there- of. (Parcel No. 5-10) Section 2. That the recording of the respective deeds of conveyance of title in the office of the Record- er in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the office of the Re- corder in and for Dubuque Coun- ty, Iowa. Passed, approved and adopted this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk RESOLUTION NO. 34468 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached Sheet No. 1 inclusive is hereby de- termined to be the schedule of proposed assessments for the City of Dubuque 1968 Diane Court San- itary and Storm Sewer and the valuations set out therein are here- by approved. Walter A. Pregler Presiding Officer Pro. Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers. Nays—Councilman Schultz. Absent—Mayor McCauley. August 5, 1968 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached Sheet No. 1 inclusive showing a schedule of the proposed valua- tions and assessments for the City of Dubuque 1968 Diane Court San- itary and Storm Sewer Submitted August 5, 1968. Respectfully submitted, John L. White City Engineer Presiding Officer Pro Tem Preg- ler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 350.68 PRELIMINARY Estimate and ap- proval of plans, specifications, form of contract, plat and all other doc- uments for the construction of Diane Court Sanitary and Storm Sewer 1968, at an estimated cost of $7,210.48, presented and read. Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. (Necessity RESOLUTION NO. 351.081 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the 430 Regular Session, August 5, 1968 same for each different type of construction and kind of material to be used. Construction of the Diane Court Sanitary and Storm Sewer -1968 BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor 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 improvement will be assessed upon and against all privately owned property lying within assessable distance 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 according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Sewer Bonds shall be issued and sold in anticipation of deferred payments of assessments when a 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 assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of August, 1968. Approved and placed on file for final action. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved approval of the resolu- tion. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tern Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley (Fixing date of hearing) RESOLUTION NO. 352-68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 350-68 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Construc- tion of the Diane Court Sanitary and Storm Sewer - 1968 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 3rd day of September, 1968, a public hearing will be held at 7:30 o'clock P.M., DST in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifi- cations and proposed form of con- tract and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution 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 pub- lished in some newspaper publish- ed in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its considera- tion 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 which hearing the Council will Regular Session, August 5,19% 431 hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. August 5, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a final plat for Lots 19-25 incl. Block 4, Lots 3-14 incl. Block 8, Lots 5-13 Block 9, Lots 3-21 incl. Block 10 all in Sunset Park Subdivision in the City of Dubuque, Iowa. The Commission has found that. the plat meets the minimum re- quirements of the subdivision regulations and is in conformance with the master plan of this area. It is the recommendation of the Commission that the plat be ap- proved. Respectfully submitted, Planning and Zoning Commission Don Gilson Director of Planning Presiding Officer Pro Tem Preg- ler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley RESOLUTION NO. 353.68 Resolution APPROVING the PLAT of Blocks 4, 8, 9 and 10 of SUNSET PARK SUBDIVIS- ION in the City of Dubuque, Iowa Whereas, there has been filed with the City Clerk a plat in which: Lot A Block 9 Sunset Park Sub- division, that part. of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 452 lying in the Northeast One Quarter (NEY4) of the Southeast One Quarter (SEN) of Section 16, Township 89 North, Range 2 Fast of the Principal Meridian, and Lot 1 of Mineral Lot 454 all in the City of Dubuque, Iowa is platted as Lots 19 through 25, Block 4; Lots 3 through 14, Block 8; Lots 5 through 13, Block 9, and Lots 3 through 21, Block 10 Sunset Park Subdivision in the City of Dubuque, Iowa by Schiltz Development Corpora- tion as Owner thereof; and Whereas said plat has been ex- amined by the City Plan Com- mission and approved by said body; and Whereas upon said plat appears streets to be known as "Ogle Street" and "Dove Street' and "Sunset Park Circle" and also easements for public utilities which the Owner upon said plat has dedicated to the public for- ever; and Whereas, said plat has been found by the City Council to con- form to the Statues and Ordin- ances relating thereto except that the streets have not been reduced to grade or paving, sewer or water services, or sidewalks installed therein; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Ogle Street, Dove Street, and Sunset Park Circle, together with the easements for public utilities all as the same appears upon said plat, be and the same are hereby accepted and that said streets be and they are hereby established as public streets in the City of Dubuque: 432 Regular Session, August 5, 1968 Section 2. That the plat of Lot A Block 9 Sunset Park subdivision, that part of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 452 lying in the Northeast One Quarter (NE'/4) of the Southeast One Quarter (SEI/4) of Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, and Lot 1 of Mineral Lot 454, all in the Cityr f Dubu- que, Iowa, is hereby app and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat pro- viding the Owner of said property hereinbefore named, executes written acceptance hereto attach- ed, agreeing: a. To reduce Ogle street, Uove Street and Sunset Park Circle to grade as shown by the profiles submitted with the plat; b. To surface Ogle Street, Dove Street and Sunset Park Circle for a width of 30 feet with 8" Rolled Stone Base, or 4" Bituminous Base, 2%" As. phaltic Concrete Surfacing and with Concrete Curb and Gutter. All of the foregoing shall be constructed accord- ing to the latest City of Du- buque Specifications. c. To install sidewalks on both sides of Ogle Street, Dove Street and Sunset Park Circle in accordance with the City of Dubuque Standard Speci- fications for Permanent Side- walks. d. To install water mains in accordance with plans sub- mitted with the plat. e. To install sanitary sewers and storm sewers in accord- ance with pians submitted with the plat. f. To install sanitary sewer and water house laterals for each lot to behind the property line. g. To construct the foregoing improvements for a period of four (4) years from the date of their acceptance and to maintain the water mains and sanitary sewers for a period of four (4) years from the date of its acceptance. i. To provide the forgoing con. struction and maintenance at the expense of the Owner. j. To construct said improve- ments except sidewalks prior to November 30, 1969. k. To construct sidewalks prior to November 30, 1970. and further provided that Schiltz Development Corporation as Owner of said Subdivision secure the performance of the foregoing con- ditions by providing security in such sums and with such sureties as may be acceptable to the City Manager; Section 3. That in the event Schiltz Development Corporation shall fail to execute the acceptance and provide security provided for in Section 2 hereof within forty- five (45) days from the date of this Resolution the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 5th day of August, A.D., 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the secur. ity required for the foregoing Resolution 353-68 has been pro. vided by the Owner. Dubuque, Iowa, August 19, 1968 Gilbert D. Chavenelle, City Manager ACCEPTANCE OF RESOLUTION NO. 353.68 Schiltz Development Corporation having read the terms and con- ditions of the foregoing Resolu- tion 353-68 and being familiar with the contents thereof, hereby ac- cepts the same and agrees to per- form the conditions therein re- quired. August 6, 1968. SCHILTZ DEVELOPMENT CORPORATION J. G. Schiltz, President L. J. Schiltz, Secretary Dated August 6, 1968. Regular Session, August 5, 1968 433 Presiding Officer Pro Tem Preg. ler moved adoption of the resolu- tion, subject to final approval by the City Engineer. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch. man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 35468 BE IT RESOLVED by the City Council of the City of Dubuque. Iowa, that the following having compiled 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. Gerald G. Pregler, 306 Main Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilmen Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 355-68 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Albert J. Ney, 1842 Central Ave- nue Riverside Bowling, Inc., 1860 Haw- thorne Street John Cavanaugh, 698 Central Ave- nue CLASS "C" BEER PERMIT Vincent Ginter, 3003 Asbury Street Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz, Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 356.68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Albert J. Ney, 1842 Central Ave. nue 434 Regular Session, August 5, 1968 Riverside Bowling, Inc., 1860 Haw- thorne Street John Cavanaugh, 698 Central Ave- nue CLASS "C" BEER PERMIT Vincent Ginter,3003 Asbury Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz, Nays—None. Absent --Mayor McCauley. RESOLUTION NO. 357.68 WHEREAS, applications f o r Liquor Permits have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT --CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Melvin A. Spiegelhalter, 1029% Main Street Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Ten Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Couchman moved idoption of the resolution. Second. �d by Councilman Meyers. Carried iy the following vote: Yeas — Presiding Officer Pro rem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 358.68 WHEREAS, applications f or Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Melvin A. Spiegelhalter, 10291,,� Main Street Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Councilman Couchman moved that the meeting be adjourned to I Monday evening, September 16, 1 1968 at 7:30 P.M. (D.S.T.) in the Council Chamber at the City Hall. Regular Session, August 5, 1968 Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Presiding officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Leo F. Frommelt City Clerk. Approved NPY.em.b.e.r..11968. Adopted . . .. . .......... ...` D ............. ....... councilmen At. .......... ...................... City Clem 52 436 Special Session, August 12, 1968 CITY COUNCIL OFFICIAL Special Session, August 12, 1968. Council met at 7:30 P.M,. (D.S.T.) Present—Councilmen Couchman, Meyers, Pregler, Schultz. City Man- ager Gilbert D. Chavenelle. Absent --Mayor McCauley. Councilman Meyers moved that Councilman Pregler be elected to serve as Presiding Officer Pro Tem of the meeting. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley Presiding Officer Pro Tem Preg- ler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CONDUCTING A PUB- LIC HEARING ON THE BUDGET ESTIMATE OF EXPENDITURES FOR THE YEAR 1969, and acting upon such other business as may properly come before a regular meeting of the City Council. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Communication of Dubuque Pro- fessional Fire Fighters Assn. Lo- cal 353 expressing dissatisfaction with the proposed 4.2% pay raise for 1969 presented and read. Pre- siding Officer Pro Tem Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Communication of Dubuque City Employees Local No. 228 objecting to the proposed 4.2% wage increase for 1969, because it is insufficient to meet the needs of its members, presented and read. Presiding Of- ficer Pro Tem Pregler moved that the communication be received BUDGET ESTIMATE AND RECORD OF FILING Town and City Estimate NOTICE — The City Council of Dubuque of Dubuque County, Iowa, wI;I meet August 12, 1%8, at 7:30 P.M., Daylight Saving Time, at City Hall. Taxpayers will be heard for or against the following estimate of expenditures for the year beginning January 1, 1969. A detailed statement of receipts and disbursements, both past and anticipated will be available at the hearing. LeoF. Frommelt City Clark. 1 t a 4_ b 6 _ EXPENDITURES Ecv$ C�3 FOR YEAR as v'� For Year For Yaw a:% yp'c W Cx = 4 1 1966 1967 WAeI r! Special Session, August 12, 1965 437 and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch. man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Communication of Dubuque Po licemen's Protective Assn. request- ing to be heard on the subject of wages, at the Council meeting, presented and read. Presiding Of- ficer Pro Tem Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Communication of Chamber of Commerce Tax Study Committee recommending adoption of the 1969 Budget as presented being worthy of community support, pre- sented and read. Presiding Officer Pro Tem Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Presiding Officer Pro Tem Preg- ler moved that the rules be sus- pended in order to let anyone Present address the Council if they so desire. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Pregler, Councilman Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. T. R. Rettenmeier President of the Dubuque Policemen's Protec- tive Assn stated that the proposed 4.2% wage hike is not adequate for the needs of the Policemen. He also requested that considera- tion be given for granting the Po- licemen four weeks vacation for those with fifteen years of service and also that they be given seven holidays the same as the rest of the City employees. .Toe Melssen of the Firefighters stated that their position has not changed in requesting a substantial across the board increase. Mr. George Parks, business agent for the street department workers re- quested a thirty cents per hour increase. Mr. Wm. Ohnesorge bar- gaining agent for the Water De- partment employees requesting a $75. per month increase across the board. Mr. James Gruber of 1860 Bristol Drive made inquiry as to the status in the budget proposed for the swimming program. Mr. Melssen, Mr. Parks, Mr. Ohnesorge and Mr. Rettenmeier all agreed to keep negotiations open. August 1, 1968 To the Honorable Mayor and City Council Gentlemen: Attached hereto is a list of par- cels of real estate, within the City Limits, consisting of ten acres or more which would be eligible for taxation as agricultural land. Also attached are the applica- tions for exception as filed and applied for by the property owners that have ten acres of land or more, in one piece, or parcel, within the City Limits. These prop- erty owners, by filing the applica- tions, certify that the land is being used for agricultural or horticul- tural purposes, and are entitled to tax exemption as provided by law. A copy of the attached list should be filed in the office of the County Auditor at the time of the filing of the budget. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the list be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 359-68 WHEREAS, the Council of the City of Dubuque, Iowa, caused to be prepared and published as pro- 438 Special Session, August 12, 19f38 vided by law, the BUDGET ESTI- MATE OF EXPENDITURES for the fiscal year beginning January 1, 1969 and ending December 31. 1969, and the hearing uponsaid Budget Estimate was fixed for the 12th day of August, 1968, at 7:30 o'clock P.M. Daylight Saving Time, in the Council Chamber at the City Han; and WHEREAS, this being the im te and place for said hearing, Said BUDGET ESTIMATE was taken up for final consideration by the Council and all parties in interest have been given an opportunity to be heard for or against said Bud. get Estimate. NOW THEREFORE BE IT RE- SOLVED by the City Council for the City of Dubuque, Iowa. That the Budget Estimate of Expenditures for the fiscal year beginning January 1, 1969 and ending December 31, 1969 here- tofore prepared and published be and the same is hereby finally ap- proved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, together with a verified proof of publica- tion and the notice of hearing upon said Budget Estimate. Be It Further Resolved, that the taxes required to be collected In the year be and the same are hereby levied in the amounts of said Budget Estimate. Passed, adopted and approved this 12 day of August 1968. Walter A. Pregler Presiding Officer Pro Tem Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers. Nays—Councilman Schultz. Absent—Mayor McCauley. RESOLUTION NO. 360.68 A Resolution establishing the tax levies for the year 1968, the taxes to be collected in the year 169, and used for Municipal purpose of the City of Dubuque, Iowa. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That there be and there is hereby levied the taxes for Muni- cipal purposes for the ensuing year of 1969 the following num- ber of mills on the dollar of all taxable property within the cor- porate limits of said City. 2.9500 mills General Fund 1.7078 mills Street Fund 12.0433 mills Public Safety Fund 5.4168 mills Sanitation Fund 2.1007 mills Municipal Enter- prise Fund 3.9722 mills Recreation Fund 1.6658 mills utilities Fund .5004 mills Police Pension Fund 1.0743 mills Police Retirement Fund .7505 mills Fire Pension Fund 1.3707 mills Fire Retirement Fund .4632 mills I.P.E.R.S. Fund 3.5739 mills Debt Service Fund .9937 mills Emergency Fund .6731 mills Federal Social Security 39.2564 mills Total BE IT FURTHER RESOLVED that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricul- tural or horticultural purposes. BE IT FURTHER RESOLVED that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce as shown by the Budget Estimate of Expen- ditures as adopted by this Council on the 12th day of August 1968, to the Auditor of Dubuque County on or before August 15, 1968. Passed, adopted and approved this 12th day of August 1968. Walter A. Pregler Presiding Officer Pro Tem Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Special Session, August 12, 1988 439 Councilman Meyers moved adop- tion of the resolution. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers. Nays—Councilman Schultz. Absent—Mayor McCauley. Communication of Mayor's In- dustrial Committee of the Dubu- que Industrial Bureau submitting request by Berwanger Boiler Shop Inc., for purchase of approximately one-half acre in Block 6 River Front Sub. No. 3 at the sale price of 20f per square foot, presented and read. Presiding Officer Pro Tem Preg- ler moved that the application for purchase be approved and referred to the City Manager and staff for proper proceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Environmental Engineering Service P. J. Houser, M.S., Chief August 7, 1968 Mr. Leo F. Frommelt City Clerk Dubuque, Iowa 52001 Attention: Honorable Mayor and Council Gentlemen: Enclosed is the report of a lo- cation survey of the site for a proposed expansion of the munici- pal wastewater treatment facili- ties. The report was prepared by Mr. M. V. Stephenson, Regional Engineer. You will note the site as de- scribed in the report is approv- able. Very truly yours, F. M. Evans Public Health Engineer Water Pollution Division Place: Dubuque, Iowa. Date: July 25, 1968. Report on Site Survey Wastewa- ter Treatment Plant Expansion. By M. V. Stephenson. Date of report August 5, 1968, Approved R. J. Schlickelman Director. A site survey for a proposed expansion of the wastewater treat- ment facility for the City of Du- )uque was conducted on the above gate. Persons interviewed during she survey were John White, City Engineer, and Hugh Dalton, As- sistant City Engineer. I accompa- nied Jack Kilby, Consulting Engi- neer, Cullen-Schiltz & Associates, Dubuque, to the site. The area surveyed is west of the present plant site and lies between Julien Dubuque Road on the north and the Illinois Central Railroad on the south. The site is above flood stage of the Mississippi River and adjacent Catfish Creek, ac- cording to the local officials. Two homes are located approximately 2000 ft. northwest of the site, one home approximately 1200 ft. south and Mt. Carmel Home approxi- mately 1100 ft. northeast. As a part of the total project, a dike is planned around the front of the present plant extending from the railroad grade to the bluff for flood protection. Top of the dike is planned at an eleva- tion of approximately 5 ft. above the high water mark in the area. The existing plant outfall line will be used to conduct the treated waste directly to the Mississippi River. Approval of the above site is recommended for the proposed plant expansion. Respectfully submitted, M. V. Stephenson Regional Engineer Presiding Officer Pro Tem Preg- ler moved that the report be re- ceived and made a matter of rec- ord. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Communication of Cole-Layer- Trumble Co. of Dayton, Ohio re- questing an opportunity to discuss their method and procedures in conducting an appraisal of all real property for tax equalization, pre- sented and read. Presiding Officer Pro Tem Pregler moved that the communication be received and filed. Seconded by Councilman 440 Special Session, August 12, 1968 Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. August 8, 1968 To the Honorable Mayor and City Council Gentlemen: A request has been received from The Celotex Corporation for additional street lighting between Camp and Salina Streets. The area has been investigated and the following recommendations made: 1. Remove light at the S.W. cor- ner of Camp and Salina. 2. Remove light, S.E. corner Sa- lina and Dodge. 3. Remove light, west side, in- tersection, Charter and Salina. It is also recommended that 175 watt mercury vapor lights be in- stalled at the following locations: 1. S.W. corner, Camp and Salina. 2. Midway on Salina, between Camp and Charter. 3. West side of intersection of Charter and Salina. 4. On pole on Salina, north of Celotex office. 5. On Salina on double pole transformer at track junction. 6. On S.W. corner of intersec- tion of Salina and Dodge. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the recommendation. Seconded by Presiding Officer Pro Tem Pregler. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. August 8, 1968 To the Honorable Mayor and City Council The City Manager's Office issued a permit August 8 to the Amvets Auxiliary, Post No. 3, Dubuque, for the annual White Clover Sale. The event was held Friday and Saturday, August 9 and 10. Council approval could not be sought in advance of the event be- cause the Amvets' letter of request was not received until the day before the event. It had mistaken- ly been sent to the mayor while he was on vacation. The city coun- cil has granted permits to the Amvets for this event in previous years. We regret the delay and hope this action meets with the coun- cil's approval. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Printed Council proceedings for the months of March, April and May 1968, presented for approval. Councilman Couchman moved that the proceedings be approved as printed. Seconded by Presiding Of- ficer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilman Couch- man, Meyers, Schultz. Nays --None. Absent—Mayor McCauley. Communication of Spahn & Rose Lumber Co. informing the Council and the Planning & Zoning Com- mission of its intention to utilize Lot 2 of Block 2 in Northrange Industrial Park for the purpose of usin-- same for a retail lumber yard outlet, presented and read. Presiding Officer Pro Tem Pregler moved that the communication be received and filed and a copy of same be sent to the Planning & Zoning Commission. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz, Nays—None. Absent—Mayor McCauley. Special Session, August 12, 1968 441 August 12, 1968 To the Honorable Mayor and City Council Gentlemen: I am submitting to you a letter dated August 12th received from Cletus Allen. I recommend the fees listed in the letter for the Sanitary Landfill, be approved. Respectfully, Gilbert D. Chavenelle City Manager use. He is also authorized to issue coupons or tickets which may be purchased in advance for later use of the sites. When in the judgement of the City Council, special conditions exist surrounding the use of the Public Sanitary Landfill site, the application of the fees charged for the use of such site would be in- equitable and unfair either to the City or the user, the City Council may establish a special fee to apply to such users. Such special August 12, 1968 fees when adopted by Resolution Mr. Gilbert D. Chavenelle, or Ordinance shall apply to all City Manager users of the site under like con - Dear Sir, ditions. With City Council and your per. Hours of Operation mission, the following rates will 7 A.M. to 6 P.M. be effective on Thursday, August Monday thru Saturday 15, 1968 at the City of Dubuque Sundays Closed Sanitary Landfill on Area C at the Sincerely yours, foot of East 16th Street. Cletus E. Allen Schedule of Fees for Street Commissioner Sanitary Landfill 1. Solid or inert material suit- able for cover material. Free 2. Any material hauled in non- commercial automobile, non- commercial trailer or non- commercial station wagon. Free 3. All garbage and refuse other than No. 1 and No. 2 above, fees will be as fol- lows: 2 cy to 5 cy truck or trailer 1.50 5 cy to 10 cy trucks or trailers 2.00 10 cy to 20 cy trucks or trailers and Rubbish Packer Trucks 4.00 20 cy trucks or trailers and over 10.00 Commercial small trucks, trailers and station wagons .35 4. Any material hauled by vehicle owned by the City of Dubuque, County, State of Iowa or Federal Govern- ment Free In lieu of the schedule of fees contained herein, the City Manager is authorized to issue a permit for the use of Public Landfill sites by any firm, person or corporation upon payment of a lump sum for quarterly or annual use. The pay- ment shall be equal to the amount which the City Manager may esti- mate to be equal to the fees which would have been paid had indi- vidual fees been paid for each Presiding Officer Pro Tem Preg- ler moved approval of the fees. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. August 12, 1968 To the Honorable Mayor and City Council Gentlemen: I am submitting to you a letter of Mr. Allen dated August 5th which describes the work Mr. Karl Haltenhoff has done for the City in making plans for highway right- of-way beautification. It is requested that the City Council recognize Mr. Haltenhoff's work and contribution to the City. Respectfully, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Preg- ler moved that a resolution be drawn in recognition of Mr. Hal- tenhoff's work in behalf of the City. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. 442 Special Session, August 12, 1968 Notice of claim of Cass R. i%y1e, in the amount of $91.00, for car damage as the result of being struck by a city garbage truck on July 26, 1968, presented and read. Councilman Schultz moved that the notice of claim be refer- red to the City Solicitor for in- vestigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Notice of rental for sewer line submitted by Mr. and Mrs. Peter Erschen of 1450 Southern Avenue at the rate of $2.00 per day since 1960, also easement for sewer line at $3.00 per foot, presented and read. Councilman Couchman moved that the Notice be referred to the. City Solicitor for investigation and report. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz, Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 361.68 WHEREAS, Caradco Incorporat- ed has petitioned the City Council of the City of Dubuque, Iowa, to vacate that portion of Tenth Street from Jackson Street to a point 220 feet northeasterly of Washington Street and that portion of Wash- ington Street lying between Tenth Street and Ninth Street in the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa, has recommended the vacation of that portion of Tenth Street from Jackson Street to a point 220 feet northeasterly of Washington Street and that por- tion of Washington Street lying between Tenth Street and Ninth Street in the City of Dubuque, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa, deems that that portion of Tenth Street from Jackson Street to a point 220 feet northeasterly of Washington Street and that portion of Wash- ington Street lying between Tcnth Street and Ninth Street in the City of Dubuque, Iowa, are no long- er needed for public purposes ex- cept for the public utilities located therein and that vacation thereof should be approved. NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the vacation of that portion of Tenth Street from Jackson Street to a point 220 feet northeasterly of Washington Street and that portion of Washington Street lying between Tenth Street and Ninth Street in the City of Dubuque, Iowa, be and the same is hereby approved subject to the conditions contained in ordinance vacating the aforesaid streets, be- ing Ordinance No. 52-68. Section 2. That the City Clerk be and he is hereby ordered and directed to publish notice of intent to dispose of interest in real es- tate as is by law required. Section 3. That the City Clerk file a certified copy of said notice and this resolution with proof of service of said notice in the Office of the Dubuque County Recorder and in the Office of the Dubuque City Assessor. Passed, adopted and approved this 12th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Gaylord M. Couchman Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays --None. Absent --Mayor McCauley. Special Session, Aupist 12. 19W 443 ORDINANCE NO. 52-48 An Ordinance vacating that por. tion of Tenth Streit from Jack. son Street to a point 220 feet northeasterly of Washington Street and that portion of Wash. ington Street lying between Tenth Street and Ninth Street in the City of Dubuque, Iowa, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Pregler. Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Councilman Couchman moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Councilman Couchman moved that a public hearing be held on the Ordinance on September 16, 1968, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to Publish notice of the hearing in the manner required by law. Sec- onded by Councilman Meyers. Car. ried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Naps—None. Absent—Mayor McCauley. Aug. 12, 1968 The Honorable Mayor & City Council of the City of Dubuque, Iowa Gentlemen: During recent discussions rela. tive to a street vacation request by Caradco, Inc., several points were agreed upon concerning Du- buque City Interests in this and adjoining areas. This letter will confirm these agreements. I. Parking on 9th Street: Caradco will not object to a city ordinance restricting park. ing on 9th Street from white to the Great Western Railroad tracks. 2. Durel Dock — 9th Street be- tween White & Jackson Streets: Caradco will. within 120 days after proper notification from the City of Dubuque. eliminate the use of this dock facility for loading and unloading of trail- er or straight trucks where such loading interferes with normal traffic on 9th Street. 3. lighting in vacated streets: Caradco. Inc. agrees to release the City of Dubuque from the responsibility of lighting in the area vacated. Easements for water, gas and sewers: Caradco agrees to issue ac. ceptable easements to the City of Dubuque for maintenance of water and sever services in the vacated streets and also ease. ments to Peoples Natural Gas Company for maintenance of gas lines. Flood Liability: Flash flooding in the three i3i blocks being vacated is an age- old problem that Caradco has learned to live with. Caradco agrees the City of Dubuque will not be liable for flash flooding in this area. We un- derstand that this situation will be improved by the City of Dubuque, as soon as is prac- tical, by enlarging the Jack- son Street storm sewer from 10th Street to 11th Street. 6. Forced sewer Easement: Caradco agrees to grant to the City of Dubugr.e an easement of 20 feet width for installa- tion and maintenance of a forced sewer on the East end of Caradco property in City Lot #502 in Riverfront Subdi- vision #2. Yours truly, W. A. Norman Executive Vice President Presiding Officer Pro Tem Preg- ler moved that the communica- tion be received and filed and made a matter of record. Second- 444 Special Session, August 12, 1968 ed by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 36268 WHEREAS the American Oil Company, a Maryland corporation, has tended a LICENSE AGREE- MENT to the City of Dubuque, Iowa, proposing to grant a revok- able license to the City of Du- buque, Iowa, in, over and across the following described real es- tate: Lot 1 of 1 of 1 of 2 of Outlet 735 in the City of Dubuque, Iowa, shown as hatched on the plat at- tached to said License Agreement; and WHEREAS the purpose of said License Agreement is to permit the City of Dubuque through its recreation department to construct a fence wholly at the City of Du- buque's expense and installing playground equipment for use as a playground with the right to go upon said premises at all reason- able times for the purpose of in- specting and repairing the same when installed; and WHEREAS the City Council has examined said License Agreement and finds that it would serve the best interests of the City of Du- buque to accept said License Agreement and to authorize the Mayor to execute the same for and on behalf of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the License Agreement by and between the American Oil Company, a Mary- land corporation, and the City of Dubuque, Iowa, a municipal cor- poration, covering the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute the same on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be Lnd is hereby directed to for. ward a copy of said executed Li. cense Agreement to the director of the recreation department of the City of Dubuque for transmit. tal to the American Oil Company. Passed, approved and adopted this 12th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop• tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 363.68 PRELIMINARY ESTIMATE and approval of plans, specifications, form of contract, plat and all oth- er documents for the construction of 1968 Altura Drive Storm Sewer, at an estimated cost of $7,923.50, presented and read. Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. (Necessity for Improvement) RESOLUTION NO. 36468 WHEREAS, proposed plans, 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. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. ALTURA DRIVE STORM SEWER PROJECT — 1968 BE IT THEREFORE RESOLVED that the City Council on its own Special Session, August 12, 1968 445 motion or upon petition of prop erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owner:, at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the improve- mentthey shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- 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 paid out of the Municipal Improvements Fund #162J2J Contract Jobs and Pro- grams. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 12th day of August, 1968. Approved and placed on file for final action. Approved: Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap. proval of the resolution. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. ALTURA DRIVE STORM SEW- ER PROJECT — 1968 and, WHEREAS, the proposed Reso- lution 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 RESOLVED that on the l6th day of September 1968, a public hearing will be held at 7:30 o'clock P.M. DST in the Council Chamber in the City of Dubuque at which time the owners of property for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of im- provement, and to the passage of the proposed Resolution of Neces- sity and the City Clerk be and he is hereby directed to cause a not- ice of the time and place of such hearing to he published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (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 improvement, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 12th day of August, 1968. Walter A. Pregler Presidng Officer Pru Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen (Fixing date of hearing) RESOLUTION NO. 365.68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 363-68 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. 446 Special Session, August 12, 1968 RESOLUTION NO. 36668 PRELIMINARY ESTIMATE and approval of pla,ls, specifications, form of contract, plat and all other documents for construction of City of Dubuque Butterfield Road Extension 48" Storm Sewer 1968, at an estimated cost of $10,574. presented and read. Pre- siding Officer Pro Tem Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. (Necessity for Improvement) RESOLUTION NO. 367.68 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre• pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. CITY OF DUBUQUE BUTTERFIFT ROAD EXTEN- SION 48" STORM SEWER, 1968 Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the improvement, they shall be deemed to have waiv- ed all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- 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 paid out of Munici- pal Improvements Fund #162J2J. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 12th day of August, 1968. Approved and placed on file for final action. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman. Meyers, Schultz. Nays—None. Absent—Mayor McCauley. (Fixing Date of Hearing) RESOLUTION NO. 368.68 WHEREi:S, the City Council of the City of Dubuque, Iowa, has by Resolution No. 366-68 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the CITY OF DUBUQUE BUTTERFIELD ROAD EXTEN- SION 48" STORM SEWER, 1968 and, WHEREAS, the proposed Reso- lution 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 RESOLVED that on the 16th day of September 1968, a public hearing will be held at 7:30 o'clock P.M. DST in the Council Chamber in the City of Dubuque at which time the own- ers of property may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of of the proposed district, to the cost of the improvement, to the amount 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 published in the City Special Session. August 12, 1968 of. Dubuque, the last of which shall 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 improvement they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 12th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. There being no further business Councilman Meyers moved to ad- journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays—None. Absent—Mayor McCauley. Leo F. Frommelt City Clerk 447 � lovember Approv. ............................. 18 .....1968. November 18 Adopted ......................................1968. Attest:. . ............................................. l City Clerk 448 Special Session, August 19, 1968 CITY COUNCIL OFFICIAL Special Session, August 19, 1968. Council met at 7:30 P.M. (D.S.T.) Present — Councilmen Couch. man, Meyers, Pregler, Schultz City Manager Gilbert D. Chave- nel le. Absent --Mayor McCauley. Councilman Couchman moved that Councilman Schultz be elect- ed to serve as Presiding Officer Pro Tem of this meeting. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Councilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Absent—Mayor McCauley. Presiding Officer Pro Tem Schultz read the call and stated that service thereof had been duly made and this meeting is called for the purpose of conducting a public hearing on a proposal to dispose of certain real estate in Grandview Park and acting upon such other business as may prop- erly come before a regular meet- ing of the City Council. Communication of D u b u q u e Summer Festival acknowledging with thanks the support given to the 1968 Summer Festival and requesting permission to conduct a carnival attraction during the week of October 2nd, presented a n d read. Councilman Pregler moved that the request be granted subject to approval of the City Manager. Seconded by Presiding Officer Pro Tem Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz. Councilmen Couch. man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. August 19, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Water Depart- ment, City Auditor, City Treas- urer, as well as a list of claims and payrolls for which warrants were drawn for the month of July 1968. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Couch. man. Carried by the following vote: Yeas -- Presiding Officer Pro Tem Schultz, Councilmen Couch. man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for warrants issued during the month of July 1968, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. Notice of claim of Mrs. Ida B l a i n e, in an undetermined amount, to be tied in with a for- mer claim filed some weeks ago, for personal property damage as the result of a recurrence of a backed -up sewer at 931 W. Locust Street, presented and read. Coun- cilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Presiding Officer Pro Tem Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz. Councilmen Couch- man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. August 16, 1968 Honorable Mayor and City Council Gentlemen: On May 3, 1968, Joseph L. Wag- ner, 395 Burch Street, Dubuque, Iowa, filed claim for damages to his vehicle allegedly occurring on or about April 1, 1968, as the result of striking a large rock or boulder located in Ninth Street at its intersection with Hill Street, claiming damages to the under carriage of his motor vehicle. Special Session, August 19, 1988 449 I have made an examination of this claim and it is the opinion of this writer that no liability exists on the part of the City in this connection. It is the recommendation of the City Attorney that the claim of Joseph L. Wagner be denied. The claim of Mr. Wagner is hereto attached. Respectfully submitted, R. N. Russo City Attorney Councilman Couchman moved that the recommendation be ap- proved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. Petition of Richard LeMay et al requesting rezoning of Lot 2 of 1 of 2 of M. L. 72, Lot 2 of 1 of 10 of M. L. 73 and Lot 2 of 2 of M. L. 74 being LeMay property at 848 W. 3rd Street; Lot 1 of 1 of 2 of M. L. 72, Lot 1 of 1 of 10 of M. L. 73, Lot 2 of M. L. 74 being James Grant property at 890 W. 3rd Street; Lot 1 of M. L. 72 and Lot 1 of M. L. 74 being Gust Karigan property at 804 W. 3rd Street, to Multiple Family District Classification, presented and read. Councilman Pregler moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. Petition of Wm. C. Fuerste re- questing continuation of permit to ten more days from August 15th, to solicit signatures and to also have two locations in the downtown area for the benefit of the "McCarthy for President Club", presented and read. Pre- siding Officer Pro Tem Schultz moved approval of the petition. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Sehultz, Councilmen Couch- man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. Petition of Peoples Natural Gas requesting permission to excavate at the intersection of Atlantic & University, presented and read. Presiding Officer Pro Tem Schultz moved approval of the petition. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler. Councilmen Couch- man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. Petition of Peoples Natural Gas requesting permission to excavate at Rush Street to service Bryant school, presented and read. Pre- siding Officer Pro Tem Schultz moved approval of the petition. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. Petition of Richard C. Henschel requesting the installation of a street light on Pego Court and also one at the end of Valentine Drive, presented and read. Coun- cilman Meyers moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend Zoning Ordinance No. 3-34 by enacting a new subsection (h) to Section 2 of Article IV thereof as follows; Structures having historical or architectural significance may be used for museums, tours, meeting rooms and private dinner parties for which fees may be charged within the areas described in sub- section (h), presented and read. No writter. objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that 450 Special Session, August 19, 1968 the proof of publication be re- ceived and filed. Seconded by Presiding Officer Pro Tem Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. ORDINANCE NO. 5"S An Ordinance amending Ordi- nance No. 3-34 known as the Zoning Map and Zoning Ordi- nance of the City of Dubuque, Iowa, by amending Article IV, Section 2 thereof by enacting a new subsection (h) to permit structures with historical or architectural significance to be used f o r museums, meeting rooms and private dinner parties for which fees may be charged, said Ordinance having been pre- viously presented and read at the council meeting of July 22, 1968, presented for Final Adoption. ORDINANCE No. M" AN ORDINANCE AMENDING ORDI- NANCE No. 3-31 KNOWN AS THE ZON- ING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY AMENDING ARTICLE IV SECTION 2 THEREOF BY ENACTING A NEW SUBSECTION (h) TO PERMIT STRUC- TURES WITH HISTORICAL OR ARCHI- TECTURAL SIGNIFICANCE TO BE USED FOR MUSEUMS, MEETING ROOMS AND PRIVATE DINNER PAR. TIES FOR WHICH FEES MAY BE CHARGED. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SMion 1. That Ordinance No. 131 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same Is hereby amended by enacting a new subsection (h) to Sec. tion 2 of Article IV thereof as follows: "(h) Structures having historical or architectural significance may be used for museums, tours, meeting rooms and private dla ner parties for which fees may be charged within the areas described in subsection (h) hereof. The City Council of City of Dubuque shall deter- mine whether a structure has historical or architectural sig- nificance prior to such use be. Ing established by the adoption of an appropriate resolution." Passed, adopted and approved this 19•h day of August, 1%8. Merlin F. Schultz Presiding Officer Pro Tem Walter A. Pregler Dona:d R. Mevers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Pub'Ished officially in The Telegraph. Herald this 22nd day of August 1968. Leo F. Frommelt it. 8.22 City Clerk. Councilman Pregler moved final adoption of the Ordinance. Second- ed by Presiding Officer Pro Tem Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz, Councilmen Couch. man, Meyers, Pregler, Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 369.68 Authorizing the purchase of cer. tain real estate in the Downtown Urban Renewal Project, Iowa R-15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en. tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, there has been pre- pared on behalf of the City of Dubuque independent appraisals of certain parcels of real estate to be acquired for the project; and WHEREAS, the appraisals have been r e v i e w e d, recommended prices established, and the ap- praisals reports and certain sup- porting documentation submitted to the Department of Housing and Urban Development for 'their re- view; and WHEREAS, the City of Dubuque has received from the Department of Housing and Urban Develop- ment concurred -in acquisition prices for certain parcels of real estate in the Project Area; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU. BUQUE, IOWA: SECTION 1. That the City Man- ager be and he is hereby au- thorized and directed to execute Agreemnts of Purchase and to do any and all things necessary and requisite including the affixing of the City Seal to certain instru- ments to purchase the following described parcels of real estate in accordance with the Downtown Urban Renewal Plan at their con. curred-in acquisition prices, at a total cost not to exceed $794,993.- 00. Parcel Legal Description No. 2-2 North 34 feet of City Lot 32 Special Session, August 19, 1968 451 2-5 Middle one-third of City Lot 31 4.9 North one-half of City Lot 249 and South 26 feet 2 inches of City Lot 250 410 North one-half of City Lot 250 except South 7 feet 5.1 City Lot 173 7-7 North one-half of City Lot 24,5 8-4 South 21 feet 3 inches of City Lot 23 8-10 Lots 2, 3 and 4 Weigel's Subdivision and West one- half of Lot designated as Waterway 31rz feet wide by 75 feet long in Wei - gel's Subdivision of City Lot 180 and South 11 feet of City Lot 179 9-8 Middle one-third of City Lot 749 9.10 South two-thirds of South one-half of City Lot 750 10.1 City Lots 241, 242 and 243 10-7 North 11 inches of City Lot 239 and South 22 feet of City Lot 240 14-3 City Lot 14 15.2 City Lot 96 and North 13 feet of City Lot 95 15-4 City Lots 93 and 94 All located in the City of Du- buque, Dubuque County, State of Iowa. Passed, and adopted, and ap- proved this 19th day of August, 1968. Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Councilmen Couchman, Meyers, Pregler. Nays — Presiding Officer Pro Tem Schultz. Absent --Mayor McCauley. Proof of Publication, certified to by the Publisher, of notice of public hearing to dispose of city interest in Lot 15A of Block 10 in Grandview Park to Guy C. Hyatt for the sum of $250. and Lot 1A of Block 9 in Grandview Park to L. M. Harney for the sum )f $250. (vacated Henderson itreet), presented and read. No written objections were filed and no oral objectors were present at the time set for the public hear- ing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 37068 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on July 29, 1968, and August 5, 1968, the City Council of Dubuque. Iowa, met on the 19th day of August, 1968, at 7:30 o'clock P.M. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque in the following described real estate: Lot 15A of Block 10 in Grand- view Park in the City of Du- buque, Iowa. to GUY C. HYATT for the sum of $250.00; and Lot lA of Block 9 in Grandview Park in the City of Dubuque, Iowa, to L. M. HARNEY for the sum of $250.00; and WHEREAS, City Council of Du. buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Guy C. Hyatt and L. M. Harney. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate covering the follow- ing described real estate, to -wit: Lot 15A of Block 10 in Grand- view Park in the City of Du- buque, Iowa, to Guy C. Hyatt for the total pur- 452 Special Session, August 19, 1968 chase price of $250.00; and Lot IA of Block 9 in Grandview Park in the City of Dubuque, Iowa, to L. M. Harney for the total pur- chase price of $250.00, be and the same is hereby approved, subject to the following terms and condi- tions, to -wit: 1. That no abstract of title be furnished. 2. That the purchasers pay costs of publication. 3. That the City of Dubuque reserve and retain a perpetual easement in and to the real estate hereinabove described for the lo- cation, repair, maintenance of san- itary sewer, storm sewer and water mains together with the right of ingress thereto and egress therefrom. 4. That no improvement be in- stalled by the purchasers on any portion of said described Hender- son Street without the first prior written approval of the City Man- ager, and in the event that any improvement is erected or located by the respective purchasers on any portion of the real estate hereinabove described, then title thereto shall revert to the City of Dubuque as to the whole tract. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Guy C. Hyatt upon receipt of total pur- chase price in the amount of $250.00, and to L. M. Harney upon receipt of total purchase price in the amount of $250.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the office of the Dubuque County Re- corder. Passed, adopted and approved this 19th day of August, 1968. Merlin F. Schultz Presiding Officer Pro Tem Walter A, Pregler Donald R. Meyers Gaylord M. Couchman Attest: Councilmen Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz, Councilmen Couch. man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 371.68 WHEREAS, the MAYOR's IN. DUSTRIAL COMMITTEE, com- posed of Walter A. Pregler, pre. siding officer pro tem, Joseph Voelker, Chairman of Dock Board, and Robert E. Dorothy, Manager of Dubuque Industrial Bureau, has recommended to the City Council of Dubuque, Iowa, that the appli. cation to purchase certain real estate by Berwanger Boiler Shop, Inc., of Dubuque, Iowa, for the purpose of constructing and erect- ing a plant thereon; and WHEREAS, the City Council of Dubuque, Iowa, has examined said application and said recommenda- tion by the Mayor's Indus'rial Committee and find that the sale of said real estate should be ap- proved; and WHEREAS, said real estate sought to be purchased by Ber- wanger Boiler Shop, Inc., of Du- buque, Iowa, shall hereafter be described and known as: Lot 2 of Lot I of Lot 1 in Block 6 River Front Subdivision No. 3 in the City of Dubuque, Iowa, containing approximately I/2 acre. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the application of Berwanger Boiler Shop, Inc., of Dubuque, Iowa, to purchase a parcel of real estate in the City of Dubuque, Iowa, which real estate shall hereafter be described and known as follows: Lot 2 of Lot 1 of Lot 1 in Block 6 River Front Subdivision No. 3 in the City of Dubuque. Iowa, containing approximately 'fie acre. be and the same is hereby ap- proved upon the following terms and conditions: A. That said parcel of real estate be sold to Berwanger Boiler Shop, Inc., of Dubuque, Iowa, for the construction of a new plant thereon; B. 1]i C F. Special Session, August 19, 1968 453 That the sale of said real es- tate shall be at the rate of twenty cents ($.20) per square foot and receipt of a down payment of $460.00 is herewith acknowledged. That construction of said plant be started within one year of adoption and passage of this Resolution and shall be com- pleted within two years of date of adoption and passage of this Resolution, and upon failure so to do by the pur- chasers, said real estate shall revert to the City of Dubuque, Iowa, and purchase price less damages shall be. refunded to the purchasers. That the construction of all building, buildings, yards, park- ing lots, fences shall be con- structed in conformance with existing City codes. . That Berwanger Boiler Shop, Inc., shall erect and construct said improvement in conform- ity with neighboring plants in relation to the customary set back procedures on the east side of Kerper Boulevard. That the City of Dubuque grant unto the purchaser a perpetual easement over a portion of the adjoining real estate abutting the property herein described for the purpose of egress and ingress by Berwanger Boiler Shop, Inc. 3. That the City of Dubuque re- tain a perpetual easement for existing water lines, existing sanitary sewer and storm lines, and for utilities together with right of ingress and egress to repair, inspect and maintain the same. Stction 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as is by law required. Passed, adopted and approved this 19th day of August, 1968. Merlin F. Schultz Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved idopt'on of the resolution. See- inded by Councilman Meyers. ,arried by the following vote: Yeas — Presiding Officer Pro rem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. RESOLUTION NO. 37268 WHEREAS, Cletus E. Allen, Street Commissioner, has estab lished a schedule of fees for san- itary landfill which schedule of fees became effective August 15, 1968, at the City of Dubuque San- itary Landfill on Area C at the foot of East 16th Street, in the City of Dubuque, Iowa; and WHEREAS, the City Council of the City of Dubuque at its meet- ing of August 12th, 1968, ap- proved said Schedule of Fees; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Schedule of Fees for Santiary Landfill estab- lished by Cletus E. Allen, Street Commissioner of the City of Du- buque, Iowa, be and the same is hereby approved, ratified and con- firmed: SCHEDULE OF FEES FOR SANITARY LANDFILL i. Solid or inert material suitable for cover material: Free 2. Any material hauled in non-commercial automobile, non-commercial trailer or non-commercial station wag- on: Free 3. All garbage and refuse other than No. 1 and No. 2 above, fees will be as fol- lows: 2 cy to 5 cy truck or trail- er: 1.50 5 cy to 10 cy trucks or trailers: 2.00 10 cy to 20 cy trucks or trailers an d Rubbish Packer Trucks: 4.00 20 cy trucks or trailers and over: 10.00 Commercial small trucks, trailers and station wag- ons: .35 4. Any material hauled by vehicle owned by the City ¢54 Special Session, August 19, 1968 of Dubuque, County, State of Iowa or Federal Govern- ment: Free In lieu of the schedule of fees contained herein, the City Manager is authorized to issue a permit for the use of Public Landfill sites by any firm, per- son or corporation upon pay- ment of a lump sum for quar- terly or annual use. The pay- ment shall be equal to the amount which the City Manager may estimate to be equal to the fees which would have been paid had individual fees been paid for each use. He is also authorized to issue coupons or tickets which may be purchased in advance for later use of the sites. When in the judgment of the City Council, special conditions exist surrounding the use of the Public Sanitary Landfill site, the application of the fees charged for the use of such site would be inequitable and unfair either to the City or the user, the City Council may es- tablish a special fee to apply to such users. Such special fees when adopted by Resolution or, Ordinance shall apply to all users of the site under like conditions. Section 2. That the foregoing Schedule of Fees is effective as of the 15th day of August, 1968, at the City of Dubuque Sanitary Landfill on Area C at the foot of East 16th Street, in the City of Dubuque, Iowa, and the hours of operation of said landfill shall be from 7:00 A.M. to 6:00 P.M. on Monday through Saturday of each week. Said landfill shall be closed on Sunday of each week. Passed, approved and adopted this 19th day of August, 1968. Merlin F. Schultz Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Attest: Councilmen Leo F. Frommelt City Clerk Councilman Pregler mo,,d adoption of the resolution. Sec• onded by Councilman Couchman. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz, Councilmen Couch. man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. There being no further business Councilman Pregler moved to ad- journ. Seconded by Presiding offi. cer Pro Tem Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz, Councilmen Couch. man, Meyers, Pregler. Nays—None. Absent—Mayor McCauley. ApprovedNovember 18 ....................1968 Adopted November 18 1968 ............. 4t� -f ' Councilmen Atte ... ....... ",",iK-sa+�tT l City Clerk Special Session, Aupist 26, 1968 455 CITY COUNCIL (OFFICIAL) Special Session, August 26, 1968. Council met at 7:30 P.M. (D.S.T.) Present — Mayor McCauley, Councilmen Couchman, Meyers, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Instituting proceedings and tak- ing action on the issuance of $1,995,000 sewer bonds to defray cost of building, constructing, ex- tending and improving sewers, sewer outlets, and purifying plant, and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. August 22, 1968 To the Honorable Mayor and Members of the City Council Gentlemen: I am returning to you the peti- tion of Mrs. Robert Menning and others requesting a street light at West Third and Winona. The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled at the location. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Mgr. be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas --Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. August 22, 1968 Honorable Mayor and City Council Gentlemen: On July 19, 1968.Mrs. Henry Sibley of 603 West 8th Avenue, Dubuque, Iowa filed a claim against the City of Dubuque al leging that on July 15, 1968 she fell at the corner of 8th Avenue and Hill Street claiming a defec- tive curbing thereat. I have made an investigation of his matter, conferred with the laimant, examined the medical and hospital expenses, and that .he said claimant has made an offer of settlement in the amount A $300.00. It is a recommendation of the 2ity Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw a warrant payable to Henry Sibley and Inez Sibley, husband and w:Ie, in the amount of $300.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed release. Original claim is returned here- with. Respectfully submitted, R. N. Russo, City Attorney Councilman Meyers moved that the recommendation of the City Attorney be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Notice of claim of Mrs. Stephen A. Zern, in the amount of $78.50 for personal injuries received in a fall on a defective sidewalk at 1601 Central Ace. on August 10, 1968, presented and read. Coun- cilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays --None. ORDINANCE NO. 5368 An Ordinance amending Ordi- nance No. 3349 as amended known as the "Traffic Code of Dubuque, Iowa,, by repealing Subsection g of Section 2 of Schedule 1 therecf and enact- ing a new Subsection g of Sec- tion 2 of Schedule I in lieu thereof to require traffic to move southerly only on the west branch of Kerrigan Road, presented and read. Councilman Couchman moved that the reading just had be con. 456 Special Session, August 26, 1968 sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three sep- arate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE 53-68 AN ORDINANCE AMENDING OR- DSSNAEEKNCOWNDOA33-A9 THE " RAFFIDC SEREPEAOL N , USUBS CCTIfONN A9 OF TH6gRIEEOFpg2NND ENACTHNG ALNEQW SCHEUULIE I IN LEU TIHEREOF TO REQUIRE TRAFFIC TO MOV BpRANCHR OFOKERRIGANERIWOET PAINED BY THE CITY BCOUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Ordinance No. 13-19 as amendment, known as the "Traffic C e of Dubuque, Iowa" be and the same Is hereby amended by repealing subsectlon 9 of Section 2 of Schedule 1 thereof and enacting 'S new Subsection y of Sec- tion 2 of Schedule 1 in lieu thereof as follows: "Schedule 1 2. Trpffic shall move southerly only: 9. Un the west ramps of Kerri. gan Road." Passed, aperpred and adopted this 26th day of August, 1968. Sylvester McCauley Mayor Walter A. Ereeler Merlin F. Schultz Donald R Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 29tti day of August 1968. It. 8/29 Leo F. Frommelt City Clerk Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz, Nays—None. Petition of Mrs. Leroy (Freda) Foell requesting the installation Of a stop and go signal at the corner of 29th & Central Avenue, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Traffic Department. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of A. J. Rooney Secy of Brotherhood Railroad Trainmen requesting the cutting of weeds and brush on city owned property along the Milwaukee right of way from Thermolyne Corporation to Bradley Iron Works, presented a n d read. Councilman Pregler moved that the petition be re- ferred to the City Manager and Street Commissioner for investi- gation and report. Seconded by Councilman Mevers. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. Petition of Robert J. Doll et al (10 signers) requesting the instal- lation of a sanitary sewer in John F. Kennedy Road from the pres- ent terminus of the sewer north to 32nd Street, presented and read. Councilman Couchman moved that the petition be referred to the City Manager and City En- gineer. Seconded by Councilman Pregler. Carried by the following vote: Ycas—Mayor Me( 'auley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Mrs. Nellie Bies of 1617 Kebbie Drive, by Kintzinger & Kintzinger, attorneys, requesting immediate action as to the con- struction of water mains into Bies Subdivision, presented and read. Councilman Meyers moved that the petition be referred to the City Manager. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 373-68 Resolution providing for the ad" vertisement of $83,000 Flood Protection Bonds. WHEREAS the City of Dubuque, Iowa, has heretofore incurred ex- Special Session, August 26, 1968 •1.57 penses in combating a flood caused by the overflowing of the Missis- sippi River within said City, and it is necessary and for the best interests of said City that $83,000 Flood Protection Bonds contem- plated to be issued to pay said expenses, to that amount, be of- fered for sale in the manner re- quired by Chapter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Flood Protec- tions Bonds of said City in the amount of $83,000 be advertised for sale, such bonds to be dated September 1, 1968, bearing inter- est payable June 1, 1969, and semi-annually thereafter, and ma- turing in numerical order $23,000 on December 1, 1972, and $30,000 on December 1 of each of the years 1973 and 1974, and that bids be requested for action thereon at the Council Chamber in the City Hall in said City at 12:00 o'clock Noon, Central Daylight Saving Time, on September 10, 1968, and that the City Clerk be and he is hereby authorized and directed to publish notice of such sale once each week for at least two consecutive weeks in the "Telegraph -Herald", a newspaper published and of general circula- tion in Dubuque County, Iowa, such advertisement to be in the form customarily employed for that purpose. Section 2. That all resolutions or orders insofar as same may in conflict herewith be and the same are hereby repealed. Passed and approved August 26, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded August 26, 1968. Leo F. Frommelt City Clerk NOTICE OF SALE OF FLOOD PROTECTION BONDS DUBUQUE, IOWA Sealed bids will be received un- til 12:00 o'clock Noon, Central Daylight Saving Time, on the 10th day of September, 1968, at the iffice of the City Clerk in the ity Hall, Dubuque, Iowa, for the )urchase of $8:1,000 Flood Protee- .ion Bonds of the City of Dubuque, Iowa, at which time such bids will )e referred to the City Council A said City at its meeting to be Shen held at the Counci► Cham- bers in the City Hall in said City. Open bididng will be concluded not later than 1:00 o'clock P.M. and, after the best open bid has been determined, the sealed bids will be publicly opened and the bonds will be sold to the highest bidder for cash. Sealed bids will be fully protected. Said bonds will be dated Sep- tember 1, 1968, in the denomina- tion of $1000 each, bear interest at a rate not exceeding Five per cent (5%) per annum, payable June 1, 1969, and semiannually thereafter, registrable as to prin- cipal only, and will mature $23,- 000 on December 1, 1972, and $30,000 on December 1 of each of the years 1973 and 1974. None of said bonds will be optional for redemption p r i o r to maturity. Both principal and interest will be payable at the office of the City Treasurer, Dubuque, Iowa. Each bid must be for all of said bonds upon terms of not less than par and accrued interest and shall specify a single rate of interest in a multiple of one-quarter or one-tenth of one per cent. Each installment of interest will be represented by a single coupon on each bond. The bonds will be awarded to the best bidder deter- mined upon the basis of the low- est total interest cost from Sep- tember 1, 1968, to the respective final maturity dates, after deduct- ing any premium. These bonds will constitute gen- eral obligations of the City pay- able from taxes levied upon all the taxable property in the City without limitation as to rate or amount. Said bonds are expected to be delivered within thirty (30) days after the sale at any mutual- ly agreeable bank or trust com- pany in the City of Chicago, Illi- nois, Dubuque, Iowa, or Des Moines, Iowa, without expense to the purchaser. Should delivery be delayed beyond sixty (60) days from date of sale for any reason except failure of performance by the purchaser, the City may cancel 458 Special Session, August 26, 1968 the award or the purchaser may withdraw his check and thereafter his interest in and liability for the bonds will cease. The City will furnish the printed bonds and the approving opinion of Messrs. Chap- man and Cutler, Iawyers, Chicago, Illinois, together with the tran- script and usual closing papers, including non -litigation certificate, and all bids may be so condi. tioned. Said opinion will be print- ed on the bonds if requested by the purchaser and will recite that, based on current rulings and offi- cial interpretations, interest on said bonds is exempt from pres- ent federal income taxes. Each bidder must furnish a certified or cashier's check drawn on a solvent state or national bank or trust company for $1660 payable to the order of the City Treasurer of said City as a guarantee of good faith, this amount to be retained pending fu:: performance by the successful bidder and to be forfeited to the City as agreed liquidated damages upon failure to take up and pay for the bonds when ready in accordance with his bid, which must be reduced to writing on the Official Bid Form. The City Council reserves the right to waive informalities in any bid, to reject anv or all bids and to determine in its sole discretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent in- formation relative to the City. For copies of that Statement and the Official Bid Form, or for any additional information, any pros- pective purchaser is referred to the undersigned at the City Hall, Dubuque, Iowa, or to the Munici- pal Finance Consultants to the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chi. cago, Illinois 60606. Telephone: Area 312 -Financial 6-0858. By order of the City Council of the City of Dubuque, Iowa. I.eo F. Frommelt City Clerk Dated August 26, 1968 Councilman Pregler m o v e d adoption of the resolution. Sec. onded by Councilman Schultz, Carried by the following vote: Yeas—Mayor McCauley, Coun. cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of meeting for issuance of sever bonds in the amount of $1,995,000 for the purpose of defraying the cost of building, constructing, ex. tending sewers and purifying plant, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 374-68 Resolution initiating proceedings for the issuance of $1,995,000 Sewer Bonds of the City of Du- buque, Iowa. WHEREAS the City of Dubuque, in the County of Dubuque, and State of Iowa, heretofore pursuant to and in strict compliance with all laws applicable, lawfully or- dered and provided for building and constructing, extending and improving sewers and a sewer outlet and purifying plant in and for said City, the cost whereof, to the amount of $1,995,000, is to be paid by said City as a whole by the issuance of bonds; and WHEREAS it is necessary and advisable that provisions be made for the issuance of such bonds and notice and hearing on the initiation of proceedings for such issuance has heretofore been giv- en in manner and form required by Section 23.12 of the Code of Iowa, and no petition nor protest has been filed, and no petition has been filed asking that an election be called on the ques- tion of issuing said bonds; NOW, THEREFORE, Be It Re. solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the City Clerk be and he is hereby authorized Special Session, August 26, 1.968 459 and instructed to arrange for the preparation of a form of ordinance authorizing the issuance of these bonds and providing for the levy of taxes to pay the same. Section 2. That this hearing on the issuance of said bonds be and the same is hereby adjourned to the 16th day of September, 1968, at 7:30 o'clock P.M., Central Day- light Saving Time, at the Council Chambers in the City Hall in said City, at which time and place said form of ordinance shall be pre- sented to this Council for action thereon in connection with the issuance of these bonds. Section 3. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed and this resolution shall be effective forthwith upon its passage and approval. Passed and approved August 26, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded August 26, 1968. Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schuftz. Nays—None. RESOLUTION NO. 375-68 Resolution providing for the ad- vertisement of $1,995,000 Sewer Bonds. WHEREAS the City Council of the City of Dubuque, Iowa, has heretofore determined it to be advisable and necessary to build and construct, extend and improve sewers and a sewer outlet and purifying plant in and for said City and it is necessary and for the best interests of said City that $1,995,000 Sewer Bonds contem- plated to be issued to pay the cost thereof, to that amount, be offered for sale in the manner required by Chapter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque. Iowa, as follows: Section 1. That Sewer Bonds of said City in the amount of $1,- 995,000 be advertised for sale, such bonds to be dated September 1, 1968, bearing interest payable June 1, 1969, and semi-annually thereafter, and maturing serially and in numerical order on Decem- ber 1 of each of the respective years, as follows: Year Amount 1970 $ 45,000 1971 50,000 1972 50,000 1973 50,000 1974 150,000 1975 150,000 1976 200,000 1977 200,000 1978 200,000 1979 200,000 1980 200,000 1981 250,000 1982 250,000 and that bids be requested for action thereon at the Council Chambers in the City Hall in said City at 12:00 o'clock Noon, Central Daylight Saving Time, on Septem- ber 10, 1968, and that the City Clerk be and he is hereby author- ized and directed to public notice of such sale once each week for at least two consecutive weeks in the "Telegraph -Herald", a news- paper published and of general circulation in Dubuque County, Iowa, such advertisement to be in the form customarily employed for that purpose. Section 2. That all resolutions or orders insofar as same may be in conflict herewith be and the same are hereby repealed. Passed and approved August 26, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded August 26, 1968. Leo F. Frommelt City Clerk NOTICE OF SALE OF SEWER BONDS DUBUQUE, IOWA Sealed bids will be received until 12:00 o'cleck Noon, Central Daylight Saving Time, on the 10th day of September, 1968, at the 460 Special Session, August 26, 1968 office of the City Clerk in the City Hall, Dubuque, Iowa, for the p u r c h a s e of $1,995,000 Sewer Bonds of the City of Dubuque, Iowa, at which time such bids will be referred to the City Council of said City at its meeting to be then held at the Council Cham- bers in the City Hall in said City. Open bidding will be concluded not later than 1:00 o'clock P.M. and, after the best open bid has been determined, the sealed bids will be publicly opened and the bonds will be sold to the highest bidder for cash. Sealed bids will be fully protected. Said bonds will be dated Sep- tember 1, 1968, in the denomina- tion of $5000, bear interest at a rate or rates not exceeding Five per cent (5%) per annum, payable June 1, 1969, and semi-annually thereafter, registrable as to prin- cipal only and will mature serial- ly and in numerical order on December 1 of each of the re- spective years, as follows: Year Amount 1970 $ 45,000 1971 50,000 1972 50,000 1973 50,000 1974 150,000 1975 150,000 1976 200,000 1977 200,000 1978 200,000 1979 200,000 1980 200,000 1981 250,000 1982 250,000 None of said bonds will be op- tional for redemption prior to maturity. Both principal and in- terest will be payable at the office of the City Treasurer, Dubuque, Iowa. Each bid must be for all of said bonds upon terms of not less than par and accrued interest and shall specify the interest rate or rates for the bonds in a mul- tiple of one-quarter or one-tenth of one per cent provided that only one rate shall be specified for a single maturity and not more than three rates may be named for the issue. Repeating a previously mentioned rate will riot constitute an additional inter- est rate. Each installment of in- terest will be represented by a single coupon on each bond. The bonds will be awarded to the best bidder determined upon the basis of the lowest total interest cost at the rate or rates designated in his bid from September 1, 1968, to the respective final maturity dates, after deducting any pre- mium. These bonds will constitute gen. eral obligations of the City pay able from taxes levied upon all the taxable property in the City without limitation as to rate or amount. Said bonds are expected to be delivered within thirty (30) days after the sale at any mutual- ly agreeable bank or trust com- pany in the City of Chicago, nii- nois, Dubuque, Iowa, or Des Moines, Iowa, without expense to the purchaser. Should delivery be delayed beyond sixty (60) days from date of sale for any reason except failure of performance by the purchaser, the City may cancel the award or the purchaser may withdraw his check and there- after his interest in and liability for the bonds will cease. The City will furnish the printed bonds and the approving opinion of Messrs. Chapman a n d Cutler, Lawyers, Chicago, Illinois, togeth- er with the transcript and usual closing papers, including non -liti- gation certificate, and all bids may be so conditioned. Said opinion will be printed on the bonds if requested by the purchaser and will recite that, based on current rulings and official interpreta- tions, interest on said bonds is exempt from present federal in- come taxes. Each bidder must furnish a certified or cashier's check drawn on a solvent state or national bank or trust company for $39,900 payable to the order of the City Treasurer of said City as a guarantee of good faith, this amount to be retained pending full performance by the success- ful bidder and to be forfeited to the City as agreed liquidated damages upon failure to take up and pay for the bonds when ready in accordance with his bid, which must be reduced to writing on the Official Bid Form. The City Council reserves the right to waive informalities in any bid, to reject any or all bids and to determine in its sole discre- tion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent in- Special Session, August 26, 1968 461 formation relative to the City. For copies of that statement and the Official Bid Form, or for any addi. tional information, any prospec- tive purchaser is referred to the undersigned at the City Hall, Du- buque, Iowa, or the Municipal Finance Consultants to the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chicago, Illinois 60606. Telephone: Area 312-FInanci al 6-0858. By Order of the City Council of the City of Dubuque, Leo F. Frommelt City Clerk Dated August 26, 1968. Councilman Pregler moved adoption of the resolution. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 376.68 WHEREAS: Karl Haltenhoff, a citizen of Dubuque residing at 399 Moore Heights, has contributed greatly of his time in a civic - minded effort to improve the Highway entrances to the city. WHEREAS: Karl Haltenhoff has performed extensive work in the layout, planning, and beautifica- tion of that area. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That we do hereby express our gratitude to Karl Haltenhoff for his kind efforts and for a job well done. Passed, adopted and approved this 26th day of August, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 377-68 WHEREAS, pursuant to resolu- tion No. 252-68 City of Dubuque, Iowa undertook to sell to Joseph J. Even Lot 5 of Block 3 in "River Front Subdivision No. 2" in the City of Dubuque, Iowa which par- cel was stated to contain .98 acres and thereby making the total pur- chase price as set out in said Resolution the sum of $8,537.76: and WHEREAS, in fact, said parcel of real estate as actually platted shows said parcel to contain .9348 acres and thereby making the pur- chase price the total sum of $8,143.98. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the sale of the above described real estate to Jo- seph J. Even for the total purchase price of $8.143.98 be and the same is hereby approved, ratified and confirmed. Section 2. That the receipt of said purchase price of $8,143.98 is acknowledged by the City of Du. buque and delivery of deed to Joseph J. Even for said purchase price of $8,143.98 is hereby rati- fied, approved and confirmed. Passed, approved and adopted this 26th day of August, 1968. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. 462 Spectral Session, Attgttst 26, 1968 RESOLUTION NO. 37868 WHEREAS, a plat of the Sub- division of Lot 1 of Lot. 1, Block 6 "River Front Subdivision No. 3" in the City of Dubuque, Iowa dat- ed August 21, 1968 has been pre- piired by Cullen Schiltz and Asso- ciates, Inc., engineers and surveyors, and WHEREAS, said plat conforms to the laws and ordinances per- taining to the plats of real estate and same should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL CITY OF DiTBUQUE, IOWA Section 1. That the plat of the Subdivision of Lot 1 of Lot 1, Block 6 "River Front Subdivision No. 3" in the City of Dubuque. Iowa dated August 21, 1968 and prepared by Cullen-Schiltz and As- sociates, Inc., engineers and sur- veyors, be and the same is hereby approved. 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. Passed, approved and adopted this 26th day of August 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Naps—None. RESOLUTION NO. 379.68 WHEREAS that portion of Hen - ion Street lying southerly of the south property line of West 16th Street, being 122 feet in length, and that portion of public alley abutting the same being 20 feet in width has been platted by a plat dated May 2, 1968, prepared by Cullen-Schiltz & Associates, Inc., and which property shall hereafter be described and known as Lot 32A of Yates Subdivision in the City of Dubuque. Iowa; and WHEREAS said plat conforms to the Statutes of Iowa and Ordi. nances of the City of Dubuque re- lating to the platting of real e.s. tate; NOW THEREFORE BE IT RF_ SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of that portion of Henion Street lying southerly of the south property line of West 16th Street being 122 feet in length and that portion of public alley abutting the same be- ing 20 feet in width which plat bears the date of May 2, 19%, prepared by Cullen-Schiltz & As- sociates, Inc., be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to exe- cute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of said plat in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of August, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 5468 An ordinance vacating the por- tion of Henion Street lying southerly of the South property line of West 16th Street being 122 feet in length and that por- tion of the alley abutting Sams being 20 feet in width which shall hereafter be platted, de. scribed and known as Lot 32A Special Session, August 26,. 1968 463 of Yates Subefivision in the City of Dubuque, Iowa, presented and read. Councilman Nieyers moved that the reading ,lust had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Courl men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be. waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas --Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays --None. ORDINANCE No. 54-68 WHEREAS Lora% College of Dubuque, Iowa, by written petition has requested the vacation of that portion of Henlon Street being 122 feet In length lying southerly of south property line of West 16th Street and that portion of alley abutting the same being 20 feet In width: and WHEREAS the Planning and Zoning Commission of the City of Dubuque, Iowa, has recommended the vacation of mat portion of Henlon Street and that Por- tion of alley abutting same as herein- above recited; and WHEREAS that portion of Henlon Strert and portion of alley hereinafter recited shall hereafter be platted, described and known as Lot 32A of Yates Subdivision In the City of Dubuque, Iowa. NOW THEREFORE BE IT ORDAIN - CI BY TY OTHE DUBUQUE COUNCIL OF THE Section 1. That the portion of Henlon Street lying southerly of the south prop- ertv line of West 161h Street being 122 feet In length and that portion of the alley abutting same Dein* 70 feet In width which shall hereafter be Platted, described and known as Lot 37A of Yates Subdivision In the City of Du* buque, Iowa, be and the same Is hereby vacated. Section 2. That the City Clerk be and he is hereby authorized and directed to file a certified copy of this ordinance In the office of the Dubuque County Record- er and in the office of the City Assessor. Section 3. That the City Clerk be and he Is hereby authorized and directed to publishnotice of Intent to dispose of real estate as Is W law provided. Passed, approved and adopted this 26th day of August, 1%8. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 3rd day of Sep- tember 1968. Leo F. Frornmelt City Clerk. 1t. 9-3 by Councilman Schultz. Carried by the following vote: Yeas—Mayor MCCaaley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 380bi WHEREAS the City Council of the City of Dubuque, Iowa, has heretofore passed, approved and adopted an Ordinance permitting structures with historical or archi- tectural significance to be used for museums, meeting rooms and pri- vate dinner parties for which fees may be charged; and WHEREAS the structure situat- ed on the real estate hereinafter described has historical and archi- tectural significance, and the use of said premises as such should be established. NOW THEREFORE BE IT R& SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure lo- cated on the real estate hereinafter described be and the same is here. by deemed and found to have his- torical and architectural signifi- cance and the use of said premises as such is hereby established and permitted, which real estate is de- scribed as follows: The Middle One -Fifth of Out Lot 663, and the North Middle One - Fifth of out Lot 663 EXCEPT the North 10 feet 4 inches in width thereof, in the City of Dubuque, Iowa, according to United States Commissioners' Map of the Town of Dubuque. Also known and described as the Middle One -Fifth of City Lot 663, and the South 40.10 feet of North Middle One -Fifth of City Lot 663, in the City of Dubuque, Iowa. Section 2. That the passage and adoption of this Resolution is in conjunction with and in accord- ance with Ordinance No. 50-88. Passed, approved and adopted this 26th day of August, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilman Meyers moved adop- tion of the Ordinance. Seconded Attest: Leo F. Frommelt City Clerk 464 Special Session, August 26, 1968 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 381.68 WHEREAS the City Council of the City of Dubuque has hereto- fore adopted, passed and approved a Resolution authnrizing the sale of certain real estate to Dubuque Holiday Sales, Inc., and pursuant to said Resolution notice of intent to dispose of interest in real estate was published; and WHEREAS a discrepancy has arisen in the description by reason of the platting thereof and the publication of notice of intent to dispose of interest of real estate; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE , CM QF DUBUQUE, IOWA: Section 1. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate to Du- buque Holiday Sales, Inc., covering the following described real es tate: Lot 4 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Dubuque Ccunty, Iowa, as is by law required. Passed, approved and adopted this 26th day of August, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of tak- ing bids for the construction of the Airport Terminal Building in Dubuque County for the City of Dubuque, Iowa, presented and read. Councilman Couchman moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Dubuque Airport Commission August 26, 1968 Mr. Gilbert Chavenelle City Manager Dear Mr. Chavenelle: We, the Airport Commission, hereby recommend that the bids for the new Airport Terminal Building received Thursday, Au- gust 22, 1968, be accepted. After a review with our Architect, we find the bids to be favorable and within the project estimate. We have allotted a budget with con- tingencies that will provide for the base bid and the necessary alter- nates. We, the Commission, further recommend that the low bid of Willy Construction Company, Du- buque, Iowa, for the complete work be accepted and that a con- tract be prepared as soon as pos- sible so that construction work can commence. The Dubuque Airport Commission will formally award contracts upon sale of bonds and deposit of funds for construction to the account of the Airport Commission with the City Treas- urer. The Contract shall be for the following sum: Base Bid $386,100.00 Alternate A 10,662.00 C 2,360.00 E 1,944.00 F 3,767.00 G 447.00 TOTAL CONTRACT $40.5,280.00 AIRPORT COMMISSION Les M. Harney Chairman By Lloyd L. Peterson Commissioner By Jeff G. Molid Airport Manager Councilman Couchman moved approval of the recommendation. Special Session, August 26, 1968 A65 Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. August 26, 1968 To the Honorable Mayor and City Council Gentlemen: I am submitting to you a letter received from the Dubuque Air- port Commission, dated August 26, in regard to the bids received for the airport terminal construction. The Airport Commission has recommended that the contract be awarded to the Willy Construction Co. of Dubuque, Iowa, for the con- struction of the airport terminal building in the amount of $405,- 280.00. I also recommend that the City Council approve the awarding of the contract by the Airport Com- mission subject to the successful financing of the project. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schultz moved ap. proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 382.68 WHEREAS scaled bids were re- ceived up to 4:00 o'clock P.M. (Central Daylight Savings Time) on August 22, 1968, which bids were for the construction and erection of a new Dubuque Airport Termi- nal; and WHEREAS said bids were ex- amined and Willy Construction Co. of Dubuque, Iowa, submitted the lowest bid for said improve- ment. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid of Willy Construction Company of Dubuque Iowa, for the erection and con struction of the new Dubuque Air port Terminal building which bi( was as follows: Base Bid No. 1 All Work $386,100.00 Alternate lA 10,662.00 Alternate 1C 2,360.00 Alternate IE 1,944.00 Alternate 1F 3,767.00 Alternate �G_. 447.00 Total Bid: $405,280.00 Section 2. That the City Coun- :il of the City of Dubuque, Iowa, finds and determines that. Willy Construction Company submitted the lowest and best bid and that the contract for the erection and construction of the new Dubuque Airport Terminal Building should be awarded to said contractor. Section 3. That the bid of Willy Construction Company of Dubuque, Iowa, be and the same is hereby accepted and the Dubuque Airport Commission be and it is hereby authorized, empowered and direct- ed to enter into said contract with Willy Construction Company for the construction and erection of said new Dubuque Airport Termi- nal building which contract shall be subject to the obtaining of suit- able and appropriate financing therefor. Section 4. That upon execution of said contract that the bid de- posits by the other bidders shall be returned to said bidders. Passed, approved and adopted this 26th day of August, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 383.68 RESOLUTION providing for the advertisement of $490,000 Air- port Bonds. WHEREAS the City Council of the City of Dubuque, Iowa, has 486 Special Session, August 26, 1968 heretofore determined it to be ad- visable and necessary that the municipal airport of the City be improved and it is necessary and for the best interests of said City that $490,000 Airport Bonds con. templated to be issued to pay the cost thereof be offered for sale in the manner required by Chapter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Airport Bonds of said City in the amount of $490,000 be advertised for sale, such bonds to be. dated September 1, 1968, bearing interest payable June 1, 1969, and semiannually thereafter, and maturing in nu- merical order $40,000 on Decem- ber 1, 1969, and $50,000 on Decem- ber 1 of each of the years 1970 to 1978, inclusive, and that bids be requested for action thereon at the Council Chambers in the City Hall in said City at 12.:00 o'clock Noon, Central Daylight Saving Time, on September 10, 1968, and that the City Clerk be and be is hereby authorized and directed to publish notice of such sale once each week for at least two con- secutive weeks in the "Telegraph - Herald," a newspaper published and of general circulation in Du- buque County, Iowa, such adver- tisement to be in the ,form customarily employed for that purpose. Section 2. That all resolutions or orders insofar as same may be in conflict herewith be and the same are hereby repealed. Passed and approved August 26, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt, City Clerk Recorded August 26, 1968 IRo F. Frommelt City Clerk NOTICE OF SALE OF AIRPORT BONDS, DUBUQUE, IOWA Sealed bids will be received until 12:00 o'clock Noon, Central Daylight Saving Time, on the 10th day of September, 1968, at the office of the City Clerk in the City Hall, Dubuque, Iowa, for the purchase of $490,000 Airport Bonds of the City of Dubuque, Iowa, at which time such bids will be referred to the City Council of said City at its meeting to be then held at the Council Cham. bers in the City Hall in said City. Open bidding will be concluded not later than 1:00 o'clock P.M. and, after the best open bid has been determined, the sealed bids will be publicly opened and the bonds will be sold to the highest bidder for cash. Sealed bids will be fully protected. Said bonds will be dated Septem- ber 1, 1968, in the denomination of $5000, bear interest at a rate or rates not exceeding Five per cent (5%) per annum, payable June 1, 1969, and semiannually thereafter, registrable as to principal only, and will mature in numerical or- der $40,000 on December 1, 1969, and $50,000 on December 1 of each of the years 1970 to 1978, in- clusive. None of said bonds will be optional for redemption prior to maturity. Both principal and in- terest will be payable at the office of the City Treasurer, Dubuque, Iowa. Each bid must be for all of said bonds upon terms of not less than par and accrued interest and shall specify the interest rate or rates for the bonds in a mul. tiple of one-quarter or one-tenth of one per cent prvoided that only one rate shall be specified for a single maturity and not more than three rates may be named for the issue. Repeating a previously men- tioned rate will not constitute an additional interest rate. Each in- stallment of interest will be repre. sented by a single coupon on each bond. The bonds will be awarded to the best bidder determined upon the basis of the lowest total interest cost at the rate or rates designated in his bid from Septem- ber 1, 1968, to the respective final maturity dates, after deducting any premium. These bonds will constitute gen- eral obligations of the City pay- able from taxes levied upon all the taxable property in the City without limitation as to rate or amount. Said bonds are expected to be delivered within thirty (30) days after the sale at any mutual- ly agreeable pany in the linois, Dubu Moines, low,' the purchase delayed bey from date of except failu the purchase Special Session, August 28. 1968 487 bank or trust con City of Chicago, Il- que, Iowa, or Des without expense to r. Should delivery be and sixty (60) days sale for any reason re of performance by r, the City may cancel the award or the purchaser may withdraw his check and thereafter his interest in and liability for the bonds will cease. The City will fur- nish the printed bonds and the approving opinion of Messrs. Chapman and Cutler, Lawyers, Chicago, Illinois, together with the transcript and u s u a l closing papers, including non -litigation certificate, and all bids may be so conditioned. Said opinion will be printed on the bonds if request- ed by the purchaser and will re- cite that, based on current rulings and official interpretations, inter- est on said bonds is exempt from present federal income taxes. Each bidder must furnish a certified or cashier's check drawn on a sol. vent state or national bank or trust company for $9800 payable to the order of the City Treasurer of said City as a guarantee of good faith, this amount to be retained pending full performance by the successful bidder and to be for- feited to the City as agreed liqui- dated damages upon failure to take up and pay for the bonds when ready in accordance with his bid, which must be reduced to writing on the Official Bid Form. The City Council reserves the right to waive informalities in any bid, to reject any or all bids and to determine in its sole discretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent in- formation relative to the City. For copies of that Statement and the Official Bid Form, or for any ad- ditional information, any prospec- tive purchaser is referred to the undersigned at the City Hall, Du- buque, Iowa, or the Municipal Fi nance Consultants to the City, Paul D. Speer & Asosciates, Inc., 2( North Wacker Drive, Chicago, 11 linois 60606. Telephone: Area 312 iFInancial 6-0858. By order of the City Council of he City of Dubuque, Iowa. Leo F. Frommelt Oty Clerk ,)ate: August 28, 1968. Councilman Pregler moved adoption of the resolution. Sec- ,)nded by Councilman Couchman. Carried by the following vote: Ycas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Pregler moved that the City Manager be autborized to charge 3% service tax on parking ramp fees. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor McCauley. Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mayor McCauley moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler Schultz. Nays—None. Approximately fifty youth of the City were in attendance at the Council meeting which was con- sidered to be an orderly plea for recreational facilities. Mr. Mike Metcalf of 1720 Avoca St. seemed to express the theme by stating -No place to go." He made an apology for the disorderly demon- stration of youth during the course of last week in the hill sec- tion of the City on University Avenue. What the youth of the City really want is a recreation center, which should be a build- ing of some kind that would con- tain a game room, T.V., snack bar etc. Mr. John Unsen of 1053 Miller Road and Ron Schwartz of 5701/2 W. Locust also addressed the Council along the lines of hav- ing a place to go for theseventeen to twenty age group. Louis MOs- coso offered the services of his band in order to help raise money to promote and establish a recrea- tional center. 488 Special Session, August 28, 1988 There being no further business Councilman Meyers moved that the meeting be adjourned to Sep- tember 16, 1968 at 7:30 o'clock P.M.Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk November 1.8 Approved ..............................1968. November ltd.,,,,,, Councilmen Regular Session, September 2, 1968 469 CITY COUNCIL OFFICIAL Regular Session, September 2, 1968. No members of the City Council being present the meeting was ad- journed subject to call. Leo F. Frommelt City Clerk. Approved Nov.,em.b.e.r.... 181 ....... .. ..... .. .. ... Adopted .November ..... 1.8 .... IM ...................... A; ......... . ............ 4� 'ouncilmen .......... . ......... City Clerk 470 Adjourned Regular Session, September 3, 1968 CITY COUNCIL OFFICIAL Adjourned Regular Session, Sep- tember 3, 1968. Council met at 7:30 P.M. (D.S.T.) Present — M a y o r McCauley, Councilmen Couchman, Meyers, Pregler, Schultz. City Manager Gil- bert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made, this being an AD- JOURNED REGULAR MEETING OF SEPTEMBER 2, 1968, called for the purpose of acting upon such business as may properly come before the meeting. Communication of A. J. Rooney Secretary of Railroad Trainmen expressing thanks for havin weeds cut on the Industrial Park along the Milwaukee tracks, pre- sented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Subject: State Representative Sub - districts, 11th, 16th & 2nd Pre- cincts To: Dubuque City Council and City Clerk 1, Harold P. Meloy, the under- signed Auditor of Dubuque County, Iowa, do hereby list and set out the election procedure and requirements for the election reg- istration books to be used at the Primary and General Elections on September 3, 1968 and November 5, 1968, respectfully, as follows, to -wit: The requirements necessary for the Primary and General Elections of 1968 were brought about by legislative enactment of the 62nd General Assembly of Iowa which based the subdistrict's geographi- cal areas on the 1960 U.S. Census population figures and the 1960 geographical precincts and town. ship boundaries existing at that time. This legislative enactment on the three representative sub. districts set out for Dubuque County resulted in the division of the 11th, 16th and 2nd precincts of the City of Dubuque, Iowa into two representative subdistricts to sentence because of the annexation of additional areas since 1960 to the 11th, 16th and 2nd precincts of the City of Dubuque, Iowa. The electorate in the area annexed since 1960 must, while voting at their respective precincts, be per- mitted only to vote for the repre- sentative candidate in the geo- graphical representative subdis- trict as same existed in 1960. 1. The County Auditor will in each of the precincts, namely the 11th, 16th and 2nd (if necessary), set up and designate separate vot- ing machine (machines) for the registered voters entitled only to vote for the representative candi- date in their proper subdistrict. 2. It will be necessary that in each of the aforesaid precincts a separate and distinct permanent registration book be set up for the Primary and General Elections for the registered voters entitled to vote in their proper subdistrict on the separate and distinct voting machine set up as mentioned for this purpose. 3. The separate and distinct permanent registration book for- mulated by the City Clerk's Perm- anent Registration office be alpha- betized by voter's name in the same manner as all the other permanent registration books are set up with the addition of an al- phabetized list of the names of the streets involved in the desig. nated geographical area within precincts 11, 16 and 2 (if neces- sary). 4. A separate table and appro- priate election personnel will be designated by the County Auditor to conduct the voting procedure in connection with the separate and disinc voting machine for this purpose. 5. I further recommend that once the separate and distinct permanent registration books are set up for the Primary Election that the same procedure be con- tinued for the General Election to be held November 5, 1968. In testimony, whereof, witness by signature and the seal of the Adjourned Regular Session, September 3, 1968 471 County of Dubuque, Iowa this 15th day of August. 1968. Harold P. Meloy Dubuque County Auditor By: F. W. Gavin Deputy County Auditor Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Schultz. Nays—None. August 15, 1968 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of the Retirement Investment Corporation requesting the exten- sion of water and sewer outside the corporate limits to Heritage Manor. This petition was referred to the City Manager for study and report. I have met with the peti- tioners on two occasions and I recommend the following: 1. That sewer and water be ex- tended to the proposed site of Heritage Manor, the pipes to be of sufficient size necessary to serve the area and to be install- ed at the initial expense of the petitioner. An agreement would be drawn with the Retirement Investment Corporation requir- ing that construction be accord- ing to City Specifications; that the ownership of the complet- ed lines would be with the City; that the corporation would pay the applicable service rate charges for service rendered outside the City Limits: and that no other properties out- side the corporate limits would be allowed to connect to the lines. 2. It has also been requested that the corporation contractwith the City for fire service. It is suggested that a contract for fire service be executed when the water line has been install- ed. Such a contract would be according to Ordinance 3.50 which provides, that the con- tractor pay an annual fee ac- cording to his assessed value multiplied by a rate, which covers all the fire fighting costs of the City, plus $100.00. Such a contract would be on a year to year basis. It is recommended that permis- sion be granted to extend the water and sewer service to Heri- tage Manor and that. permission to write a contract for fire service be granted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. August 28, 1968 To the Honorable and the Members of the City Council Gentlemen: I am returning to you the peti- tion of Mr. Richard Henschel for street lights on Pego Court and Valentine Drive. It is recommended that a boule. vard light be installed on Pego Court and a regular street light be installed on Valentine Drive. The luminaire will be 175 watt mercury vapor. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Coun. cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. July 23, 1968 The Honorable Mayor and City Council Gentlemen: During the past several years many complaints have been re- ceived regarding the condition of a building and premises at 425- 429 Loras Blvd. I directed the Building Depart. ment to make a complete inspec- tion of the premises. This inspec. tion was made on June 24, 1968, and the following is the report: 472 Adjourned Iiegular Session, September 3, 1968 An inspection of 425.429 Loras Blvd. was made by Housing In- spectors, H a r o l d Zimmerman and Art Nagel, at the request of Mr. Donald Bandy as the result of several complaints hav- ing been received by the City Manager and the Building De- partment. The inspection finds this to be an old two story brick dwell- ing structure apparently de- signed as a duplex which his- toric documents list as "Fort Rittenhouse", named after the original owner. Though there is evidence of much deterioration, we found the structure to be basically sound having large stone foun- dation being laid on solid rock. The leaking roofs were the cause of most of the deteriora- tion, but these have or are in the process of being repaired. Note that the North and West walls have deteriorated badly as the result of leaking gutters and roofs, but these are in the process of being repaired and covered with galvanized lath and are to be plastered with cement plaster. The east half of the structure lacks a complete bath room, lacks a hot water heater prop- erly installed and connected to the required fixtures, lacks a properly installed electrical service. The floors and plaster are sound and in reasonably good condition. Most rooms do com- ply with the required number of electrical outlets and all rooms comply with the required number of windows. There is a definite need for more stor- age area. None of the bedrooms have closets though there is a large closet off the central hall- way. Presently there is no means of heating the structure. There is need for a properly installed heating system. Pointing of the parapet walls and repairing or replacing any loose brick is a must. To fur- ther protect the structure it is recommended to apply a pro- tective coaling which will cor. rect the blighting appearance caused by the lack of mainte. nance and to preserve the wall from further deterioration. Most of the interior walls and ceilings in the east section of the structure have been re. paired or painted. A number of additional electrical outlets have been or are in the process of being installed. Trenching is being done in the basement for what. is re- ported to be the location of a new sewer line. Nothing has been done to correct the interior deteriora- tion on the west half of the structure. There is no plumb- ing, no wiring and no heating system. The exterior west wall is deteriorated but is in the process of being repaired. Roof rafters have been re- paired and a temporary roof has been installed which will prevent further deterioration. We recommend that a ten day notice be issued to the own- er of the structure requesting that he submit to the Building Department a detailed plan of scheduled improvements to bring the structure into com- pliance with the standards of the Minimum Housing Code of the City of Dubuque, Iowa. Previous to this report I inspect- ed the premises with Mr. Arthur Miller and Donald J. Bandy. As a result of this inspection and report I prepared the follow. ing notice: NOTICE July 5, 1968 TO: Arthur J. Miller Annetta M. Miller 2489 Hempstead Street Dubuque, Iowa owners of Lot 1 of subdivision of Lot 3 of City Lot 667 in the City of Dubuque, Iowa, known as 425 Loras Boulevard; and, Arthur J. Miller 2489 Hempstead Street Dubuque, Iowa owner of Lot 1 of subdivision of Lot 4, and Lot 2 of subdivision of Lot 7 of City Lot 667 in the City of Dubuque, Iowa, known as 429 Loras Boulevard. I have personally inspected the structures known as 425 and 429 Loras Boulevard and located on the above described real estate Adjourned Regular Scssion, September 3, 1968 473 in the City of Dubuque, Iowa and find the conditions as they have been reported to me by the Build- ing Department as substantially correct. A copy of whose report is here- by attached and by reference made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to correct the dangerous conditions as described in the attached report or disman- tle the building. Yours very truly, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa 1 hereby certify that I served a copy of the above notice on Arthur J. Miller and Annetta M. Miller on July 5, 1968 Rudolf Vera Council if they so desire. Second- ed by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun• cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. This notice has not been com- plied with and I recommend to the City Council that the provi- sions of Ordinance No. 35.52 be enforced and that the owners of said building located at 425-429 Loras Boulevard, and being on Lot 1 of subdivision of Lot 3 of City Lot 667 and Lot 1 of sub- division of Lot 4, and Lot 2 of sub- division of Lot 7, of City Lot 667 are in the City of Dubuque, Iowa, Lot 1 of subdivision of 3 of City Lot 667 being owned by Arthur J. Miller, 2489 Hempstead Street in the City of Dubuque, Iowa be required to dismantle the build- ing and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa Councilman Schultz moved ap- proval of the recommendation and a public hearing be held on Oc- tober 7, 1968, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and the City Clerk bi, instructed to publish notice of same as required by law. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley,Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Attorney Dave Leifker stated .hat he is a representative for the neighbors in the area of 425-429 Boras Blvd., relative to the prop- erty referred to as the Ritten- house. They are asking for equal protection of the law and desire 100% restoration of the property according to minimum standards within a short time or demolish the structure. He also stated that there is a conflict of interest in- volved. Building Commissioner Bandy stated that it is now known as "Restoration Inc." and title to the property is in the name of the corporation. The corporation evidently consists of Rev. Phillip Hamilton, Arthur Miller and Fred- erick Appel. September 3, 1968 To the Honorable Mayor and City Council, Gentlemen: This is to advise that 1 have approved the following bonds, pol- iices and certificate of insurance, and desire to have your approval on same. COMPREHENSIVE LIABILITY Louis Buechel, United States Fidel. ity do Guaranty Co. Curtis Straub Company, Phoenix Assurance Co. CERTIFICATE OF INSURANCE Rhomberg Fur Company, et al, Employers Mutual Casualty Co. SIDEWALK Merlin Goerdt, d/b/a Goerdt Ex- cavating, Merchants Mutual Bonding Company Hartmann Construction Co., Mer- chants Mutual Bonding Com- pany Elroy J. Hinz, d/b/a Elroy J. Hinz Construction Company, Western Surety Company William L. Phillips, Western Sure- ty Company itichard Ruden, Merchants Mutual Bonding Company Respectfully, Gilbert D. Chavenelle City Manager 474 Adjourned Regular Session, September 3, 1968 Councilman Pregler moved fil- ing of the policies and bonds subject to approval of the City Solicitor. Seconded by Councilman Meyers. Caned by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. September 3. 1968 To the Honorable Mayor and City Council Gentlemen: I am enclosing for your consid- eration a form of informal bid for traffic signal equipment to be in- stalled on the Iowa Street Project. I have requested equipment sup- pliers to submit proposals Septem- ber 9th. I have suggested this form of bid in order to secure the signal equipment just as soon as possible. I request that you affirm this bid procedure. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the City Manager's request. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. September 3, 1968 To the Honorable Mayor and the Members of the City Council Gentlemen: In accordance with Ordinance No. 51.56, I recommend that the City Council approve the transfer of funds available in the follow- ing Special Assessment Funds, to the General Special Assessment Fund. Fund No. Amount 1140 1953, Curb & Gut- 1175 1955, A s p h a ltic ter Project No. 2 ..$ 1,990.14 1142 1953, Program — Mix -Hot Laid Proj- Bituminous Con- 1177 1955, Bituminous crete Surfacing .. 2,660.93 1155 1954, Bituminous 1179 1955, Concrete Concrete Surfac. Curb & Gutter ing .......................... 1,531.88 1172 1954, Water Main Curb & Gutter Project No. 1 ...... 42.22 1173 1954, Curb & Gut- ter Project No. 1 .. 1175 1955, A s p h a ltic Concrete — Hot Mix -Hot Laid Proj- ect.......................... 1177 1955, Bituminous Concrete Surfac- ing.......................... 1179 1955, Concrete Curb & Gutter Project No. 1 ........ 1180 1955, Concrete Curb & Gutter Project No. 2 ........ 1190 Kaufmann Ave. & Asbury Road San- itary Sewer and Lift Station .......... 1191 Esther & Tressa S t r e ets Sanitary Sewer .................... 1192 1956, Asphaltic Concrete Surfacing Project No. 1 ...... 1193 1956, Curb & Gut- ter Project No. 1 .. 1194 1956, Bituminous Concrete Surfacing Proi. No. 1 ............ 1195 Rockdale R o a d, Blackhawk, a n d Fox Drive San- itary Sewers ........ 1201 Ramona & Ade- line Streets San- itary Sewer .......... 1202 1957, Curb & Gut- ter Project No. 1 .. 1203 1957, Bituminous Concrete Surfac- ing Proj. No. 1 .... 1205 Boulevard Lights, Cambridge at Dev- on Drive and Princeton .............. 1957, E a s t 6th Street Paving ...... Total Transfer to the General Spe- c i a 1 Assessment 1,964.99 2,207.09 1,897.53 1,391.48 474.35 2,144.01 196.00 1,239.35 967.65 1,057.40 982.61 226.87 2,216.52 767.74 113.24 130.28 Fund ......................$24,202.28 Under the same authority. I al <o recommend that the following amounts be transferred from the General Special Assessment Fund to the Following Special Assess- ment Funds in order to balance those accounts with a credit (red) balance. Fund No. Amount 1139 1953, Water Main Program No. I ......$ 691.51 1189 1955, Water Main Project No. 1 571.24 Adjourned Regular Session, September 3, 1968 475 1196 Chaney Road Sani- terry Sewer .............. 42 96 1197 1957, Water Main Project No. 1 ........ 13.17 1198 Montana and Mer- feld Lane Sanitary Sewer ........................ 2,737.25 1957, Concrete Pav- ing with Integral Curb........................ 147.28 1957, Concrete Curb & Gutter Project No. 1 ........................ 107.81 1206 1958, Kane Street Main Project Water No. 1209.51 ........................ 1959 Sidewalk Pro- gram No. 1. ............ 1,547.27 1959, Central Ave- nue Lighting Proj- ect No. 2 ................ 124.72 1959, 4th Street Sanitary Sewer & Lift Station .......... 289.78 1961, Kerper Boule- vard Sanitary Sew- er.............................. 155.30 1960, M i s s i ssippi Heights Boulevard Lights ...................... 121.92 Total Transfer from the General Special in a westerly direction from Ken- nedy Road. At the present time, all abutting property except the Supper Club is undeveloped. At the hearing, no one was present to speak in opposition to the pro- posal. It is the recommendation of the Planning and Zoning Commission that the proposal be approved. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson Director of Planning Councilman Meyers moved ap- proval of the recommendation and that same be referred for proper proceedings. Seconded by Mayor McCauley. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays — None. Assessment Fund ..$6,759.72 The primary purpose of the above requests are to close out inactive Special Assessment Fund. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schultz moved ap proval of the Manager's recom- mendation. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. September 3, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to change from Single Family Residence to Mul- tiple Family Residence, property described as Block 25, Lot 4—Lots 19, 20, & 21 of Block 10, Sunset Park Subdivision. This property is located west of Kennedy Road north of the Old Timer's Supper Club. The access to this property will be from a new street running August 20, 1968 To The Honorable Mayor And City Council Gentlemen: Herewith submitted for your consideration is a proposed ordin- ance establishing a license and rules for operation of public coin- operated laundromats and coin- operated dry cleaning units. The ordinance provides for hours of operation where attend- ant is not present and certain safety and health provisions. We have: contacted one of the petitioners who have complained about the conditions of a certain launderette and find that most of the disturbances occur after 10:00 P.M. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays — None. Communication of Carroll C. Clark operator of the Point Laun- derette, objecting to the proposed Laundromat ordinance, presented and read. Councilman Pregler 476 Adjourned Regular Session, September 3, 1968 moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Mr. Art Oeth, owner of the Laundry Village at 516 Loras ad- dressed the Council by stating that in his opinion it is a matter of principle. He could not under- stand why all the laundromats in the City should be penalized be- cause one seems to pose a prob- lem. Only two laundromats out of fourteen stay open twenty four hours a day. His place of business closes at ten o'clock. Mr. Oeth stressed the point of unjust ac- cusation against all laundromats in general. Mr. Jim Gibbons and Mr. E. J. Elston, operators of the laundromal at 13th & Iowa, stated that they are open all night, but have no problems. The present owner of the laundromat at 1111 Loras Blvd. also objected to the unfairness of the proposed ordin- ance. The objectors from the point area were in attendance voicing their objection to the operation and lack of control at the point launderette at 1600 Lincoln Ave. Mr, Carroll Clark stated that he contacted the Secretary of his as- sociation, who informed him that Cedar Rapids and Des Moines have no ordinance regulating ±he opera- tion of laundromats. ORDINANCE NO. 55-68 An Ordinance regulating coin. operated laundry and dry clean- ing establishments, requiring licensing thereof and providing penalities for violation hereof, presented and read. Mayor McCauley moved that ac- tion on coin-operated laundromats be suspended until September 16, 1968, in order to give the City Manager and operator an oppor- tunity to discuss an agreement. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. COUNCIL RECESSED AT 9:00 P.M. RECONVENED AT 9:10 P.M. ORDINANCE NO. 56-68 An Ordinance vacating the alley located south of Loti 30, 31 and 32 of Yates Subdivision of Out. lots 708 and 713 in the City of Dubuque, Iowa, which shall be hereafter known and platted as Lot "C" of Yates Subdivision, presented and read. Councilman Couchman moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE No. 56.6! WHEREAS Loras Colieoe of Dubuque, Iowa, by written petltlon has requested Me vacation of that alley located South of Lots 30, 31 and 32 of Yates Subdivision of Outlofs 708 and 713 In the City of Du- buque, Iowa; and WHEREAS the Planning and Zoning Commission o1 the City of Dubuque, Iowa, has recommended the vacation of that alley located South of Lots 30, 31 and 32 of Yates Subdivision or Outlots ne and 713 in the City of Dubuque, Iowa; and WHEREAS that alley located South of Lots 30, 31 and 32 of Yates Subdivision of Outlots 708 and 713 In the City of Du. buque, Iowa, shall hereafter be platted, described and known as Lot C of Yates Subdivision in the City of Dubuque, Iowa. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the alley located South of Lots 30, 31 and 32 of Yates Subdivision of Outlots 708and 713 In the City of Dubuque, Iowa, which shall hereafter be Platted, described and known as Lot C of Yates Subdivision in the City of Du. buque, Iowa, be and the same Is hereby vacated. Section 2. That the City Clerk be and he Is hereby authorized and directed to flee a certified copy of this ordinance in the office of the Dubuque County Re- corder and in the office of the City As- sessor. Section 3. That the City Clerk be and he Is hereby authorized and directed to publish notice of intent to dispose of real estate as is by law provided. Passed, approved and adopted this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Telegraph - Herald Newspaper this 6th day of Sea tember 1968. Leo F. Frommelt City Clerk 1 1. 9.6 Adjourned Regular Session, September 3, 19613 477 Councliman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 384-68 WHEREAS that alley located South of Lots 30, 31 and 32 of Yates Subdivision of Outlots 708 and 713 in the City of Dubuque, Iowa, has been platted by a plat dated July 1, 1968, prepared by Cullen-Schiltz & Associates, Inc., and which property shall hereafter be described and known as Lot C of Yates Subdivision in the City of Dubuque, Iowa; and WHEREAS said plat conforms to the Statutes of Iowa and Ordi- nances of the City of Dubuque relating to the platting of real estate; NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of that alley located South of Lots 30, 31 and 32 of Yates Subdivision of Outlots 708 and 713 in the City of Dubuque, Iowa, which plat bears the date of July 1, 1968, prepared by Cullen-Schiltz & Associates, Inc., be and the same is hereby approved. 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. That the City Clerk be and he is hereby authorized and directed to file a copy of said plat in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop tion of the resolution. Secondee' by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Sertoma Club re- questing permission to sell light bulbs to raise funds for the pur- chase of equipment for the Retard- ed Sheltered Workshop, presented and read. Councilman Meyers moved that the petition be grant- ed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Fuhrman Realty Co. requesting rezoning of Lot 2 of Vorwald Place No. 2 from Single Family Residence District Classifi- cation to Multiple Family Zoning classification, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Conrad Construction Co. requesting permission to exca- vate in Westway Drive to repair a water break, presented and read. Councilman Pregler moved that the petition be granted subject to approval of the Engineering De- partment. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas --Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of James Lex request- ing rezoning of Lot 1 of 1 of 3 of 1 and Lot 1 of 2 of 1 of 2 of 3 of 1 of Highland Farm from Single Family Residence District Classifi- cation to Multiple Family Resi- dence District Classification, pre- sented a n d read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- 978 Adiourned Regular Session, September 3, 19% man Meyers. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Dan Mihal requesting a refund of $50. on a transient merchant's license, to partially help alleviate his loss, and he was only able to use the license thir- teen days, presented and read. Councilman Schultz moved that the refund of $50. be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of George V. Weis, re- questing a refund of $75. on the unexpired portion of cigarette li- cense No. 133, as he has discon- tinued business on August 23, 1968, presented and read. Council- man Schultz moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 385-68 ACCEPTING DELIVERY OF DEEDS FOR THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to authorization and direction of said Loan and Capital Grant Contract, has ac- quired for the public purpose of implementing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the following described parcels of real estate in the Downtown Urban Re- newal Project, Iowa R-15 is hereby ratified and accepted by the City of. Dubuque. Grantor and Property Description Appel's Crystal Clean, a Co -Part- nership. Deed dated August 6, 1968. Recorded in Book 196, Page 412 --Lot 244 and the South one. half of Lot 245 in the City of Du. buque, Iowa, according to the Unit- ed States Commissioners' map of the Town (now City) of Dubuque, Iowa. (Parcel 7-6) First National Bank of Du. buque, Iowa, as Executor of the Estate of Bertha Jungwirth, de- ceased. Deed dated July 31, 1968. Recorded in Book 196, Page 390— Undivided one-third interest in the Northerly 53 feet of Lot 179 in the City of Dubuque, Iowa. (Parcel 8. 12) Clarence Jungwirth. Deed dated July 5, 1968. Recorded in Book 196, Page 391—Northerly 53 feet of City Lot 179 in the City of Du- buque, Iowa (Parcel 8.12) Clarence Jungwirth and Eliza- beth I. Jungwirth, Hazel Wills and Lester Wills, Lorraine Noonan and John Noonan, Arnold Jungwirth and Eunice Jungwirth, and Shirley Eymann and Donald Eymann. Deed dated May 14, 1968. Record- ed in Book 196, Page 393—The Northerly 53 feet of Lot 179 in the Town (now City) of Dubuque, Iowa, according to the United States Commissioners' map of the Survey of said Town (now City) of Du- buque. (Parcel 8.12) Harry Phillips and Lillian T. Phillips. Deed dated August 1, 1968. Recorded in Book 196, Page 389—The North 13 feet of Lot 19 and the South 26 feet 6 inches of I.ot 20 in the Town, now City, of Dubuque, Iowa, according to the United States Commissioners' map thereof. (Parcel 11-3) Section 2. That the recording of the respective deeds of conveyance of title in the office of the Record• er in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the office of the Re• corder in and for Dubuque County, Iowa. Adjourned Regular Session, September 3, 1964 479 passed, approved and adopted this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 386-68 WHEREAS on the 19th day of August, 1968, the City Council of the City of Dubuque, Iowa, passed, adopted and approved Resolution No. 370.68 which among other things authorized the conveyance to Guy C. Hyatt Lot 15A of Block 10 in Grandview Park in the City of Dubuque, Iowa, subject to cer- tain terms and conditions; and WHEREAS that said Resolution and conveyance provided that no improvements be installed by the purchasers on any portion of said described Henderson Street with- out the first prior written approval of the City Manager, and in the event that any improvement is erected or located by the respec- tive purchasers on any portion of the real estate described, then title thereto revert to the City of Du. buque as to the whole tract; and WHEREAS the said Guy C. Hyatt proposes to erect an improvement on the property hereinabove de- scribed 11 feet in width, same being an adjunct to driveway and garage; and WHEREAS the City Manager has examined the plan of said Im- provement and approves the same. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed improvement to be made by Guy C. llyatt shall extend no more than 11 feet into the real estate hereinabove described for the purpose of serving garage and driveway in connection with the property of said Guy C. Hyatt be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to file a certified copy of this resolution in the office of the recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor MCCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on pendency of resolu- tion of necessity for public im- provements on proposed plans, specifications, form of contract and cost of construction of the Diane Court Sanitary Sewer and Storm Sewer 1968, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Statement of City Clerk certify. ing that notices of public hearing on the resolution of necessity for construction of Diane Court and Sanitary Storm Sewer were mailed by certified mail to property own- ers of record according to the books of the County Auditor on August 8, 1968, presented and 480 Adjourned Regular Session, September 3, 1968 read. Councilman Pregler moved that the statement be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improvements. RESOLUTION NO. 38768 WHEREAS, proposed plans and specifications and form of contract for the Construction of the Diane Court Sanitary and Storm Sewer - 1968 have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 3rd day of September, 1968, and WHEREAS, the City Council met in regular adjourned session this 3rd day of .September, 1968, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par- ties have been given an opportu- nity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de. scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec. ord in connection with said im. provement. Passed, adopted and approved this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin N'. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 351.68 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be as- sessed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 4. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of the Diane Court Sanitary and Storm Sewer -1968. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein men- tioned improvement, and unless Adjourned Regular Session, September 3, 1966 481 property owners at the time of the firal consideration of this pro- posed resolution have on file with the City Clerk objections to the amount othe osed deemedassess- ments, they y shall be have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop. erty lying within assessable dis. tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Sewer Bonds shall be issued and sold in anticipation of deferred payments of assessments when a 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 this 5th day of August, 1968. Carried b? the following vote: Yeas --Mayor McCauley. Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 3rd day of September 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchmar Councilmen Attest: Leo F. Frommelt City Clerk (Ordering Construction) RESOLUTION NO. 388.68 BE IT RESOLVED BY THE -ITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a res- Aution of necessity No. 351-68 which was duly passed by this Council, for the Diane Court Sani. tary and Storm Sewer -1968 be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications hereto- fore adopted and now on We in the office of the City Clerk. BE it FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor. tion to the special benefits con. ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds or with Sewer Bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments heroin provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity from Councilman Couchman m o v e d shall be in fore a andt adop final adoption of the resolution. and after its passage Seconded by Councilman Meyerstion by the City Council, 482 Adjourned Regular Session, Septemher 3, 1968 Passed, adopted and approved this 3rd day of September, 1968, Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley. Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 389.68 WHEREAS, applications f o r Beer Permits have been submitted to this Council for approval and the some have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Thelma F. Mardauss, 1091 White Street Francis T. Kohl, 1700 Central Ave- nue Cyril Meitl, 1555 Central Avenue Arsenius A. Hanson, 107 Locust Street Robert J. Bowen, 5 8th Avenue Disabled American Veterans Club, Inc., Plaza 20, 2600 Dodg; Street Emma M. Scherer, 1187 Iowa Street Leona R. Friedman, 620 Fast 16th Street Michael F. Pusateri, 2560 Dodge Street Theodore J. Ferring, 385 East 13th Street CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Walter W. Knoll, 205 Kaufmann Avenue Ray Papin, 2635 University Ave- nue Randall's, Inc., Plaza 20, 2600 Dodge Street Passed, adopted and approved this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 39468 WHEREAS, applications for beer permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Thelma F. Mardauss, 1091 White Street Francis T. Kohl, 1700 Central Ave- nue Cyril Meitl, 1555 Central Avenue Arsenius A. Hanson, 107 Locust Street Robert J. Bowen, 5 8th Avenue Disabled Americans Veterans Club Inc., Plaza 20, 2600 Dodge Street Emma M. Scherer, 1187 Iowa Street Leona R. Friedman, 620 East 16th Street Michael F. Pusateri, 2560 Dodge Street Theodore J. Ferring, 385 East 13th Street CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Adjourned Regular Session, September 3, 1968 483 Walter W. Knoll, 205 Kaufmann .Avenue Ray Papin, 2635 University Avenue Randall's, Inc., Plaza 20, 2600 Dodge Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be. and the same are here- by approved. Passed, adopted and approved this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 391.68 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAPTER 123—as amend. ed by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT American Veterans of World War II and Korea Post #3, 36 West 4th Street Thelma F. Mardauss, 1091 White Street Leo B. Grass, 1105 University Ave- nue John Cavanaugh, 698 Central Ave- nue Passed, adopted and approved .his 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman m o v e d adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 39248 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT American Veterans of World War II and Korea Post # 3, 36 West 4th Street Thelma F. Mardauss, 1091 White Street Leo B. Grass, 1105 University Ave- nue John Cavanaugh, 698 Central Ave. nue Passed, adopted and approved this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 484 Adjourned Regular Session, September 3, 1968 Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas --Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays ---None. Mayor McCauley moved that no- tice be served on the owner to remove a shed off Keymont Drive. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mr. Chas. Scherrer, owner of the Canfield Hotel, made inquiry of the Council as to the acquisition of parking area, near the hotel, of ground now under the control of Urban Renewal. He was prom - iced that a decision would be made by July 1st, but no commit- ments have been made as yet. Being it affected the sale of land in Mr. Scherrer's case Councilman Pregler moved that the Council go into executive session with Mr. Scherrer. Seconded by Mayor Me. Cauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. The executive session was in progress from 9:35 to 10:00 P.M. At the conclusion of the executive session and return by the Council to the Council Chamber Council. man Schultz moved to adjourn. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .Nove.mb6r...... 1f�ggg .......... Adopted NPy—g !?.tt;'...I.e_iw . � k............� Councilmen Attest:....................'`...�' City Clerk Special Session, September 9, 1968 4M CITY COUNCIL OFFICIAL Special Session, September 9, 1968. Council met at 7:30 P.M. (D.S.T.) Present — Mayor McCauley, Councilmen Couchman, Meyers, Pregler, Schultz. City Manager Gilbert D. Chav- enelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of or- dering an election on the Renewal of an Interstate Power Company Franchise for a period of twenty- five years, and acting upon such ether business as may properly come before a regular meeting of the City Council. Printed Council proceedings for the month of June 1968, presented for approval. Councilman Pregler moved that the Council proceed- ings for the month of June 1968 be approved as printed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. September 9, 1968 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following policy and desire to have your approval on same. COMPREHENSIVE LIABILITY .l. & T. Contracting Inc., Employ- ers Mutual Liability Insurance Company. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that filing of the policy be approved subject to approval of the City Solicitor. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. September 6, 1968 Honorable Mayor and City Council City of Dubuque City Hall Dubuque, Iowa 52001 Gentlemen: Interstate Power Company re- quests consideration of a special election for the purpose of renew- ing its franchise. The current fran- chise expires on July 9, 1971. We are pursuing franchise re- newal before the expiration date due to the capital investment plans that must be made for proj- ects in the next three years, which include: New substation facilities; a new 69 -KV transmission loop line to further insure reliability of service to the City of Dubuque; and continued expansion of our present system into new develop- ments. The large capital investment necessary to complete the above projects which are immediate and also those which are long term require that we renew our fran- chise. We are attaching a copy of our 25 -year franchise ordinance for Dubuque. The franchise ordinance sets out the terms and conditions similar to the existing franchise. We submit this for your consider- ation and respectfully request an election date of October 11, 1968. Respectfully yours, R. J. Dyer District Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 57.68 An Ordinance of the City of Du- buque, County of Dubuque, State of Iowa, granting to Interstate Power Company, a Delaware Cor- poration, its successors and &s- igns, a non-exclusive right and au. thority to erect, install, construct, reconstruct, repair, own, operate, maintain, manage and control in electric plant within the corpor- 486 Special Session, September 9, 1968 ate limits of said municipality and an electric transmisison and dis. tribution.. system.. consis:ing . of poles, wires, conduits, pipes, con- ductors, and other fixtures, in, under, over, along and across the streets, lanes, avenues, sidewalks, alleys, bridges and public grounds of said municipality for the pur- poso of producing and furnishing electric energy for light, heat, pow- er, and other purposes to said municipality and its inhabitants for a period of twenty-five (25) years from and after the passage, approval, and publication of this Ordinance according to law, and prescribing terms and conditions under which the Company is to operate, and repealing Ordinance No. 1546, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. 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 McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE No. 57.68 AN ORDINANCE OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, TATE OF IOW A,_GRANTING TO IN - ,ND OWI ALON TWEOr NTY-FIVErUR A(25) YEARSEFROM AND AFTER THE PASSAGE, APPROVAL, AND PUBLICATION OF THIS ORDI. PRESCRIACCORDING ING RD TERMS OANDWCONpII. TIONS ISNDTOROPERATE,TANDCRE- PEALING ORDINANCE No. 15,46. EDOBY THERCITOY COUNCIL OFDTHE CITY OF DUBUQUE, IOWA, AS FOL. LOWS: Section 1 GENERAL CONDITIONS a DEFINITION OF TERMS 1) Whenever the word "City" appears In this ordinance, It Is intended and shall be held 10 mean the City of Du. buque, Iowa, and additions thereto. 2) Whenever the word "company" ap- pears in this ordinance, It is Intended and shall he heldto mean the Inter. state Power Company, Its successors and assigns. 3) Whenever the word "grantee- ap. Pears In this ordinance, It Is intended and shall be held 10 mean the Inter. state Power Company, its successors and assigns. 4) Whenever the word "franchise" ap- pears in this ordinance, It Is intended and shall be he,d to mean the grant of suthorlty stated and expressed In sec- tion Ib be.ow together with the terms and conditions contained In this or. dinance as accepted by the Company. 5) Whenever the word "street" appears in this ordinance, It is Intended and shall be held to mean streets, alleys, bridges, avenues, highways, and other Pub is places in the City of Dubuque, Iowa, and additlons thereto. D. GRANT OF AUTHORITY That there is hereby granted unto Interstate Power Company, o Delaware Corporallon, Its successors and assigns, herein called the "Grantee," the non- exclusive right, Permission, privl�ege, and franchise, for a period of twenty- five (25) years from and after the taking effect of this Ordinance, subiect only to laws of the State of Iowa as now In force and to the conditions and limitations hereinafter contained, to erect, Install, construct,reconstruct, repair, own, oper. ate, maintain, manage, and control an electric pant and an electric transmis- sion and distribution system consisting of poles, wires, conduits, pipes, conductors, and other fixtures, within the limits of said municipality, necessary, convenient, or proppeer for the production, transmis- sion, dlstributlon and de very of elec- tric energy to said municipality and Its inhabitants for light, heat, power, and other Purposes. c. TERRITORIAL LIMIT The area to which this franchise relates Includes future as welt as present ter. ritorial limits of the city. d. RESTRICTIONS AND LIMITATIONS The rights and Privileges hereby grant- ed are so biect to the conditions and lion it aiions of Chapter 397 and 490A of the Code of Iowa, 1966. Section II. CONDITIONS OF STREET SE a. GENERALU UCONDITIONS The city re- serves to Itself the power to impose rea- sonable regu.atlons on the company's use of streets. The company's transmission and dis- tribution system Poles, wires, conduits, underground facl,iiies and appurten- ances shall be located, erected, and maintained se as to not Interfere with any city services, including trees located on PLb.lc property, and s0 as not to Interfere with any improvements the city may deem proper to make, or to unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, or other Pub.Ic pEoperty. The City Council, under reasonable regulations, reserves the right to require the company to Place Its conductors un- derground and to designate the districts In which such work shall be performed, and a so 10 order the removal or reloca. tion of poles, wires and other appur- tenances erectedby the company, whew ever, In the judgment of the City Coun- cil such action is necessary as an In- cldent to a Public improvement which Is In the public interest, and the com- ysalnandpcieaIn and al Instructions diretis such matters at its own expense. Construction and maintenance of the transmission distribution system shall be In accordance with the specifications IvnRuled In s forlhe thepub Ication tltInstallationand MaIe- in- tenance of Electric Supply and Com- munication Lines" prepared by the United States Bureau of Standards, In force at the timeof construction. b. PERMITS A wrilten permit shall be obtained from the City Engineer when- ever It becomes necessary for the Company to excavate In streets or Pub- Special Session, September 9, 196's' _ 487 11C rounds of the Im- prrovec ity ormaking reent% therein, Such permits shall slate a particular part Or Point of the street Ce made andere thet length c ofation time IsTo iwhich such Permit shall authorize the work to be done. An exception to a requirement for a permit shall be made In cases of emergency invo ving pub is safety, In which case a permit will be obtained at the earliest opportunity after the work has started. for overheadNconst constro, permit uction required forPlae- ment of Poles. c. WORK UNDER CONSTRUCTION In company excavations oceed wstreets ith such work as to cause the least possib a Incon- venience to the pub Ic. The company to AC- CPPtedProerty saletY sllandartds E as rmiay be Cie• termined yfromn timeahts to lame by thea Ctliy In the opinion of the city engineer such excavations Or obstruction is not Proper- Iy and safely Protected, he shall notify the company end the company shall Im- mediately comply with his reasonab:e In- structions. d. RESTORATION Immediately after the I underground insta'lallons are installed or repaired, the trenches In which such In- stallallons are made shall be refiled or caused to be reflled by the company. No trench or excavation In the streets shall be filled or covered without giving i the city the right to Inspect the same. i All backfillingIn streets shall be ac- cording to city specifications. Where necessary, on account of severe weather conditions, temporary street surfacing she I be Paced in such excavations as soon as the same has been backfilled. Pavements, sidewalks, curb and gutters or Other portions of streets and Public places opened, disturbed or damaged by company shall be promptly restored and replaced with like materials by the I company at Its own expense and left In as good condition as before. In the event that the company shall fall to comply with the Provision of this sec- tion, after having been given reasonable notice, the city may do such work as may be needed to proper'v repair such pavements, sidewalks, curb and gutters on other portions of streets and Pubic Placesand the cost thereof shall be. re- paid to the city by the company. In some cases where a cut or disturbance Is made In a section of street paving or sidewalk, rather than replace only the area cut, the company shall replace that area stipulated by the city engineer which in no event shall exceed the Panel or Panels disturbed. e. RELOCATION Whenever the city shall Pave or repave any street or shall change the grade line of any street or Public Pace or shall construct or reconstruct any conduit, water main service or water connection, sewer or other munl- t CIP8I public works or utility, it shall be the duty of the company, when so order- ed by the city, to change Its Installations, 1 services and other property In the I` streets or other public places at Its own expense s0 as to conform to the estab'ished grade or line of such street or Public Place and so as not to Inter- fere with the conduits, sewers and other mains constructed or reconstructed. How- ever, the company shall not be required to re'ocate instal'atlons, services and appurtenances when the street, a'lev or ppubic grounds in which they are located, Is vacated for the convenlence of abut- ' tins Property owners and not as an Incident to a public Improvement, un'ess the reasonable cost of such relocation and the loss and expense resulting therefrom is first paid to the Company by the abutting property Owners. f INSPECTION The city may At Its discretion assign Personnel for Inspection of excavation and related work being Performed by the company. Should the company fall or refuse to do and Perform the things provided In this ordinance, the city may, after reasonable notice, per- form the work and charge the expense thereof to the company and the company shall Promptly pay said charges. Section III. STANDARDS OF SERVICE a. GENERAL CONDITIONS The Com - i pany aurees to provide and maintain its entire physical Properties In such ^^dltlon that It will furnish safe, ade- te, efficient and continuous service. b. OBLIGATION OF THE COMPANY TO FURNISH ELECTRICITY Company will extend Service t0 any customer within the corporate limits of the municipa.itY In accordance with the Service Standards of company as filed with the Iowa State Commerce Com- mission and the City of Dubuque, Iowa. c. METER AND METER ACCURACY Standards for meters and meter Practices shall be in accordance with regulations, rules or directives adopted by the Pub- lic Utility Division of the Iowa Com- merce Commission. Section IV RATES. The company shall supply electrical power to consumers within the ChY at reasonable rates as prescribed by the Iowa Slate Commerce Commission pur- suant to Chapter 490A of the 1966 Code of Iowa, as amended from time to time. It is recognized that under the statutes of the State of Iowa, the State Commerce Commission Is vested with legal authority to supervise, fix or change ra es and charges authorized 10 be charged by the Company to consumers of electrical power. It shall also be recognized by both the company and the City that matters Ingo.ving rate changes and charges are local in their application and effect and that the City, through Its city Council, shall be within its Privileges and municipal responsibili- ties in making Inquiries, expressing in- teresl Or adopting Positions in matters of rate changes or charges by the com- pany. Within 15 days after the filing by the company of any application Or peti- tion or request In any form with the State Commerce Commission, or other regulatory body vested by law with authority and Jurisdiction to authorize change of rates c- charges, for an in. crease in or authority to increase rates or charges, or for any revision or change which would have the effect of Increasing the rates and prices to be paid to the company by consumers of e:ectrlCal Power In the city, the company shall written notice stating that it has made such application for rate Increase. The notice shall state in a clear and definite way the amount of such Increase rate to be requested as applied to each class of consumer use. Section V. RECORDS, REPORTS, PLATS a. REPORTS The company shall file with the city council a true copy of Its An- nual Report filed with the Iowa State Commerce Commission. b. SERVICE RULES AND REGULA- TIONS The company shad file with the city clerk any COPY of Its ru as and regu:ations for supPYing eeclrical serv- ice to consumers. Such copy shall be kept current, showing any changes, ad- ditions, deletions or amendments. c. PLAT OF ELECTRICAL DISTRIBU- TION SYSTEM The company shall, promptly after the award of this fran- chise, furnish the city engineer a de. tailed map or maps of its distribution system, both within the city limits and the area immediately surrounding the city. The Company r Phalthereafter update the map IOmapseveryixnths showing subsequent additions or de- letions 10 lhedislributionvsem�How- ever, prior to any excavation by the tteengineer ateusrssaeOioxvattcontcmtbemdwith the ti n Con they location ano current undergroundnln- sta'lations or services in the area concern- ed. section VI. LIABILITY The company shall Indemnify and hold the term cityharm this grant ifroall mtimes the against all claims for injury or damages to Persons Or Property, both real and personal, caused by the construction, reconstruc- tion, erection, Operation or maintenance Of any structure, equipment app lance or authority ofthisOrrdinance oli ed Pursuant to TheCOT pany, upon receipt Of due no- tice in writing from the city, shall de- fend at Its own expense, any action or proceeding against the CHY of Dubuque heslnoperat on ofcompany'electric tivsystem t Should a judgment be rendered against the city In any such action, the amount of such Judgment and costs shall be con. lionivbroughtstbvthe the company In any clfvagainst he. company as to the liability and the amount of damages. .188 Special Session, September 9, 1968 Section VII. JOINT USE The corn PanV shall grant to the city, free of expense. Joint use of any and all poles and underground eectrlcal facilities owned or controlled by It for to the �pany municipal thecityshall hold aactiogns, causes molls actioonn orY damage caused or accruing directly or Indirect- ly by or through the Placing of the city's wires or appurtenances upon the poles of the grantee. Proper regard shall be given to all existing safety rules ,f�etioconucinnanc! ,, governing at the construction. SaevlylNG hUCTURES W neeranPerson as obtained permission from the municipality to move any building or structure which may Interfere with the Poles, wires, or other fixtures of sold Grantee, Grantee shall, upon five days' notice thereof, and at the expense of the Person desiring to move such structure, remove such poles, wires or other fixtures as may be necessary to allow the passage of such structure, for a reasonable length of time, upon receipt from such Person of satisfactory assur- ance covering the cost of such removal and replacement and any liability or damage resulting therefrom. Section IX. EXTENSION ON NOWPUB. LIC STREETS Where any electric line Is presently or In the future constructed anywhere in the corporate limits of the city, as now existing or as hereafter extended, not in a public street and a street shall thereafter be opened or dedicated so as to Include said line within the right-of- way of such street, said electric line shall be required to be operated and maintained under the terms of this fran- chise. Section X. FORFEITURE The violation of any material portion of this franchise by the company or Its successors In Interest, or Its failure Promptly of to franchisany �Yshall be che ause for forfeiture of this franchise and the termination of all rights hereunder. Such forfeiture shall be accomplished by or- dinance of the city after written notice by the city manager to the company and a continuation of the violation, tallure or default specified in the notice for at least thirty (30) days from the date the notice was served. Section XI. INVALIDITY OF PART DOES NOT INVALIDATE ENTIRE ORDINANCE If any section or portion of a section tf this Ordinance shall be declared null and void by any competent authority, the remaining portions hereof shall not be affected thereby. lection XII. REPEAL OF CONFLICTS All ordinances or resolutions or parts hereof heretofore adopted by said municipality In conflict with the terms hereof are hereby repealed. Section XIII. CFFECTIVE DATE—RE- PEAL OF ORDINANCE 15-46 This ordinance following Its Passage, Its ratification by a maiority of the qualified voters of the city voting at an election called for the Purpose of voting thereon, and Its publication by low Provided, shall become effective upon Its acceptance by the company and shall effectively supersede and cancel Ordi- nance No. 15-46, being the prior electric franchise held by the company. Passed, approved and adopted this 91h day of September, 1968. Sylvester McCauley Mayor Walter A. Preoler Merlin F. Schultz Donald R, Meyers Gaylord M. Couchman Councilmen hitest: eo F. Frommelt City Clerk ACCEPTANCE OF DUBUQUE ELECTRIC FRANCHISE Interstate Power Company, a Dela- ware Corporation, hereby accepts the electric franchise granted by city of Du. buque, Iowa, In Its Ordinance No. 57.68 and hereby agrees to be bound by the terms and conditions set forth In said Ordinance and agrees to perform all conditions therein set forth. Dated this 17th day of nc,rb• 1o,x INTERSTATE POWER COMPANY By R. W. Steele, President E. M. Nicholson, aecretary (Corporate Seal) Published officially In The Telegraph - Hero d Newspaper this 16th day of Octo ber 1968 Leo F. Frommeit City Clerk 11. 10116 Councilman Couchman moved adoption of the Ordinance. Sec- onded by Councilman Pregler. Car ried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 39368 Resolution ordering election of the franchise of Interstate Power Com- pany, a Delaware Corporation. WHEREAS the City Council of the City of Dubuque has this day granted a franchise to Interstate Power Compuany, a Delaware cor- poration, to maintain and operate existing electric distribution sys- tem and construct extensions there to within the Limits of City of Du- buque, Iowa, subject to the ap. proval of the voters of the City of Dubuque at a Special Election; and WHEREAS, it is deemed advis- able and necessary and in the pub- lic interest that the proposition re- ferred to above to be submitted to the qualified voters of said City for their approval. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secion 1. That at a Special Elec• tion to be held in and for the said City of Dubuque on the 11th day of October, 1968, from 7:00 o'clock in the morning until 8:00 o'clock in the evening. Central Daylight Saving Time, there shall be sub- mitted to the qualified electors of said City, to be by them voted upon, the proposition of granting to Interstate Power Company, a Delaware corporation, the fran- chise adopted by Ordinance No 57-68. Section 2. That said election on said proposition shall be held in the several voting precincts of said City as prescribed for Special Elec- tions in said City and as delimited by Ordinances Numbered 7-52, 37. 56. 67-60, 54.61, 20-62, 21-62, 22-62. 23.62, 7-63, 33-64, 34-64, 35-64, 4-67, 5.67, 6-67, 7-67, 39.67, 79.67. Special Session, September 9, 1968 49D Section 3. That paper ballots shall be used for voting upon said proposition and that the City Clerk be and he is hereby authorized and instructed to cause paper ballots for voting on said proposition to be prepared in substantially the following form: (NOTICE TO VOTERS: For an affirmative vote on the fol- lowing proportion, make a cross (x) mark or a check (V) in the square after the word "YES." For a negative vote, make a similar mark in the square following the word "NO.") "SHALL THE FOLLOWING PUB. LIC MEASURE BE ADOPTED?" Shall the following public measure as set forth in Ordinance No. 57.68 as enacted by the City Council of the City of Dubuque, on the 9th day of September, 1968, granting unto Interstate Power Company, a Delaware corporation, its succesors and assigns, a non-exclusive right. and authority for a period of twenty-five years from and after the passage, approval and publica- tion of said Ordinance to erect, install, construct, reconstruct, re- pair, own, operate, maintain, man- age and control an electric plant within the corporate limits of said municipality and an electric trans- mission and distribution system consisting of poles, wires, conduits, pipes, conductors, and other fix- tures, in, under, over, along and across the streets, lanes, avenues, sidewalks, alleys, bridges and pub- lic grounds of said municipality for the purpose of producing and furnishing electric energy for light, heat, power, and other purposes to said municipality and its inhabi- tants and prescribing terms and conditions under which the com- pany is to operate and which re- peals Ordinance No. 15-46 be adopted? YES ❑ NO r] Section 4. That the City Clerk shall have ballots for absent voters prepared to be used for voting on the aforesaid proposition on yel- low colored paper in substantially the following form, with facsimile signature of the City Clerk on the bark thereof: (NOTICE TO VOTERS: For an affirmative vote on the fol- lowing propostion, make a cross 01) mark or a check (d) in the square after the word "YES." For a negative vote, make a similar mark in the square following the word "NO.") "SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED?" Shall the following public measure as set forth in Ordinance No. 5768 as enacted by the City Council of the City of Dubuque, on the 9th day of September, 1968, granting unto Interstate Power Company, a Delaware corporation, its succesors and assigns, a non-exclusive right and authority for a period of twenty-five years from and after the passage, approval and publica- tion of said Ordinance to erect, install, construct, reconstruct, re- pair, own, operate, maintain, man- age and control an electric plant within the corporate limits of said municipality and an electric trans- mission and distribution system consisting of poles, wires, conduits, pipes, conductors, and other fix- tures, in, under, over, along and across the streets, lanes, avenues, sidewalks, alleys, bridges and pub- lic grounds of said municipality for the purpose of producing and furnishing electric energy for light, heat, power, and other purposes to said municipality and its inhabi- tants and pres^ribing terms and conditions under which the com- pany is to operate and which re- peals Ordinance No. 15-46 be adopted? YES ❑ NO ❑ (Back of Ballot) OFFICIAL BALLOT For Interstate Power Company, Franchise Special Election, Du- buque, Iowa Voting Precinct the..............day of..............,1968 (Facsimile Signature) City Clerk. Section S. That the Mayor is hereby authorized, empowered and instructed to issue a Proclamation and notice of the submission of said proposition at said Special Election of the time and place thereof by publication once each week for four consecutive weeks in "The Telegraph -Herald," a news- paper of general circulation print- ed and published in said City, the last of which publications shall not be less than five nor more than twenty days prior to said Special Election. 4%, Special Session, September 9, 1968 Section 6. That for said election the Judges and Clerks of said elec- tion of the respective election pre- cincts shall be those regularly em- ployed to conduct the affairs of the Special Election as approved by the City Council. The Clerks and Judges approved by the City Council are proper per- sons to act in accordance with Sec. tion 49.12, et seq., of Chapter 49 of the 1966 Code of Iowa. Upon the closing of the polls for said election, said Judges and Clerks shall file reports of the results on said propostion with the City Clerk in order that results may be canvassed and officially de- clared by this Council. Section 7. That this Council shall meeton the next secular day following the date of said election in the Council Chamber in the City Hall in the City of Dubuque, Iowa, at 7:30 o'clock P.M., Daylight Sav- ing Time, to canvass the results of said election. Section 8. That pursuant to the provisions of Iowa law, Interstate Power Company, a Delaware cor- poration, shall pay all costs and expenses incurred in the holding of said Special Election and the City Auditor is hereby instructed to keep a strict accounting of all such costs and expenses and upon the competion of the canvassin of the results of said election shall submit to said corporation a state- ment of such costs and expenses, publication costs, and any other costs incurred by the City of Du buque in connection with the said Special Election. Passed, approved and adopted this 9th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. MAYOR'S PROCLAMATION Notice of Special Election Public Notice is hereby given that at a Special Election to be held in and for the said City of Dubuque, on the 11th day of Oc. tober, 1968, from 7:00 o'clock in the morning until 8:00 o'clock in the evening, Central Daylight Sav- ing Time, shall be submitted to the qualified electors of said City to be by them voted upon the proposition of granting to Inter- state Power Company, a Delaware corporation, the Franchise adopted and approved by Ordinance No, 57-68. At said election paper ballots will be used and ballots be pre. pared therefor will have printed thereon the proposition and in sub- stantially the following form: (NOTICE TO VOTERS: For an affirmative vote on the fol- lowing proportion, make a cross 0) mark or a check (V) in the square after the word "YES." For a negative vote, make a similar mark in the square following the word "NO.") "SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED?" Shall the following public measure as set forth in Ordinance No. 57-63 as enacted by the City Council of the City of Dubuque, on the 9th day of September, 1968, granting unto Interstate Power Company, a Delaware corporation, its succesors and assigns, a non-exclusive right and authority for a period of twenty-five years from and after the passage, approval and publica- tion of said Ordinance to erect, install, construct, reconstruct, re- pair, own, operate, maintain, man- age and control an electric plant within the corporate limits of said municipality and an electric trans- mission and distribution system consisting of poles, wires, conduits, pipes, conductors, and other fix- tures, in, under, over, along and across the streets, lanes, avenues, sidewalks, alleys, bridges and pub- lic grounds of said municipality for the purpose of producing and furnishing electric energy for light, heat, power, and other purposes to said municipality and its inhabi- tants and prescribing terms and conditions under which the com- pany is to operate and which re- Special Session, September 9, 1968 491 peals Ordinance No. 15-46 be adopted? YES El NO L7 The said election on said prop- osition will be held in the several election precincts of said City, the boundaries of which shall be as delimited by Ordinances Numbered 7.52, 37-56, 67-60, 54-61, 20-62, 21- 62, 22-62, 23-62, 7.63, 33-64, 35.64, 4-67, 5-67, 6-67, 7-67, 39-67, 79-67. voting Precincts Polling Places First Precinct, Bryant School, 1280 Rush Street Second Precinct, Washington Jr. High School, 51 N. Grandview Ave. Third Precinct, Franklin School, 39 Bluff Street Fourth Precinct, County Court House, 7th & Central Ave. Fifth Precinct, Lincoln School, 1101 W. 5th Street Sixth Precinct, No. 4 Fire Station, University & Atlantic Streets Seventh Precinct, City Hall, 13th & Central Avenue Eighth Precinct, Public Library, 11th & Bluff Streets Ninth Precinct, Fire Station, 18th & Central Avenue Tenth Precinct, Board of Education Bldg., 1500 Locust Street Eleventh Precinct, Wahlert High School, 2005 Kane Street Twelfth Precinct, Fulton School, 2540 Central Avenue Thirteenth Precinct, Holy Ghost School, 2901 Central Ave. Fourteenth Precinct, A u d u b o n School, 535 Lincoln Avenue Fifteenth Precinct, Marshall School, 1450 Rhomberg Avenue Sixteenth Precinct, Irving School, 2520 Pennsylvania Avenue All qualified electors of said City are hereby notified to appear at said election, each to vote at the polling place of the election precinct in which such elector re- sides, or as permitted by statue. This notice is given by order of the City Council of the City of Dubuque, pursuant to Chapter 397 of the 1966 Code of Iowa. Dated at Dubuque, Iowa this 9th day of September, 1968. Sylvester McCauley Mayor of the City of Dubuque, Iowz Attest: Frommelt Clerk Notice of claim of George F. 31ynn, inthe amount of $405.50, or expense incurred as the re- ;ult of a backed -up sewer problem it 1896 Washington Street, pre- sented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Dubuque Sports Bowl Inc. requesting a refund of $100. on the unexpired portion of Class B beer license No. 25, as they have discontinued business on Septem- ber 7, 1968, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilmen Couchman. Carried by the follow- ing vote: Yeas—Mayor CcCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Clarence J. Hagge Jr. requesting a refund of $50 on the unexpired portion of Class B beer license No. 37, as he has discon. tinued business of September 7, 1968, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Dubuque Baseball Inc. requesting a refund of $100 on the unexpired portion of Class B beer license No. 45, as they have discontinued business on August 30, 1968, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue pro- per warrant. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. 492 Special Session, September 9, 1968 Petition of William G. Hummel of 301 Valley Street, requesting information as to the replacement of sidewalks on Valley Street by the City that were removed during the course of constructing curb & gutter some few years ago, pre- sented and read. Councilman Meyers moved that the petition be referred to the City Manager and Engineer for investi- gation and report. Seconded by Councilman Schultz. Carried by by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Mrs. Alfred F. Schueller of 3030 Lemon Street ob- jecting to the excessive truck traf- fic on Lemon Street, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Traffic Department for investigation and report. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Wilbert H. Lange et at (4 signers) requesting removal of part of the curb at Broadway and Carroll streets, presented and read. Councilman Couchman moved that the petition be referred to the Manager and the Engineering De- partment for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on Southern Avenue near Samuel Street, presented and read. Councilman Schultz moved that the petition be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 394-68 WHEREAS a plat has been pre- pared of a portion of Westridge Street in West Side Manor Sub. division in the City of Dubuque. Iowa, dated August 29, 1968, and prepared by Cullen, Schiltz & As sociates, Inc.; and WHEREAS the City Council has examined said plat and finds that same conforms to the Statutes of Iowa and Ordinances of the City of Dubuque governing and regu- lating the platting of the real es- tate; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of a portion of Westridge Street in West Side Manor Subdivision in the City of Dubuque, Iowa, which is platted and described as Lot IA of Block 5 in West Side Manor Subdivision in the City of Dubuque, Iowa, dated August 29, 1968, and pre- pared by Cullen, Schiltz & As- sociates. Inc., be and the same is hereby approved. 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. Passed, approved and adopted this 9th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE NO. 58-68 An Ordinance vacating a por- tion of Westridge Drive com- mencing at the south property line of Daniels Street thence southerly a distance of 80 feet to the south property line of Westridge Drive, now platted and known as Lot lA of Block 5 In West Side Manor, presented and read. Councilman Meyers moved that the reading just had be considered Special Session, September 9, 1968 493 the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved that. the rule requiring Ordinance to be. read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. ORDINANCE No. W&I WHEREAS Midwest Developers, Inc., an Citylowa Councilpthatlothehpetitioned Portionof West. ridge Drive commencing at the south soutpheer v to ed staof ncceniofs BO Street feettoethe south pro Perty line of Westridge Drive be vacatedand a conveyance thereof be made to sold Midwest Developers, Inc., and WHEREAS it appears that said Portion of Westridge Drive was dedicated by means of P.at and that same Is no longer needed for street purposes; and WHEREAS the Planning and Zoning of nthatsiport ons of Westrdidgethe vacation Drive as herelnabove specified; and WHEREAS said portion of Westrldge Drive shall hereafter be platted, known and ln WestdeSide Manor ibed as Lot Subdivisionl«In Stha Ctiy of Dubuque, Iowa; NOW, THEREFORE BE IT OR. TTHE CIITYINED BYOF HDUBUQUE,O OWA IL OF Section 1. That the portion of Westridge Drive which has been platted, described and known as follows: Lot lA of Block S In West Side Manor Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the City Clerk be and he Is hereby authorized and directed to of Interest In real estattee as is bye law re- quired. Section 3. That the City Clerk be and he is hereby further authorized and di. reeled to file a certified copy hereof in the office of the Recorder In and for Dubuque County, Iowa. Passed, approved and adopted this 9th day of September, 1968. Sylvester Mccaulev Mayor Walter A. Pregler Merlin F. Schutz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt Chy Clerk Published officially In The Telegraph - Herald Newspaper this 131h day of Sep. lember 1968. Leo F. Frommel) City Clerk. 11. 9/13 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas --Mayor McCauley, Council men Couchman, Meyers, Pregler ;--None. ORDINANCE NO, 59.68 An Ordinance amending and changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Family Residence District" classification to "Multi- ple Family Residence District' classification (Sunset Park Sub- division), presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler. Schultz. Nays—None. Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Schultz moved that a hearing be held on the Ordi- nance on October 7, 1968, at 7:30 o'clock P.M. (D.S.T.) 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 Couch- man. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Mayor McCauley reappointed Lester M. Harney to the Airport Commission for a six year term to 9-14-74. Councilman Schultz moved af- firmation of the appointment. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Councilman Meyers moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded 494 Special Session, September 9, 1968 by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council. men Couchman, Meyers, Pregier, Schultz. Nays—None. Mr. Bob Dyer of the Interstate Power Company thanked the Coun- cil for consideration given relative to the proposed franchise election to be held on October 11, 1968. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved November 1Q ............................... ....1968 Adopted Ngvember....1E�.,.lssa .......... IrS..s 1 'Ja.. Councilmen 14� City Clerk Special Session, Septemher 10, 1968 495 CITY COUNCIL OFFICIAL Special Sessions, September 10, 1968. Council met at 12:00 noon (D.S.T.) Present—Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. City Manager Gilbert D. ChaveneUe. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Adopt- ing resolutions providing for the sale and award of $83,000 Flood Protection Bonds, $490,000 Airport Bands, $1,995,000 Sewer Bonds and authorizing the agreements of such sale and awards and actino upon such other business as may properly come before a regular meeting of the City Council. The receipt of any oral bids was called for by the City Clerk. There being none oral bidding was closed. The receipt of any other sealed bids, other than those received and placed on file to date, was called for by the City Clerk. There being no further bids presented receipt of sealed bids was closed. Proof of Publication, certified to by the Publisher, of notice of sale of Flood Protection bonds in the amount of $83,000 presented and read. Councilman Meyers moved that. the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Sealed bids were opened and read on the $83,000 Flood Protec. tion Bonds with the following re- sults: Investment Rating: Moody's Investors Service, Inc.—Aaa 593.E CITY OF DUBUQUE, IOWA General Obligation Flood Protection Bonds Date of Sale: September 10, 1968 Net Interest Bidders Price Coupon Rates Rate The Northern Trust Company— 100.3843 1972.74 33i4 40 3.67795% Chicago, Manager Goodbody & Co.—New York Shearson, Hammill & Co., Inc.— New York National City Bank of Cleveland Clark, Dodge & Co.—New York Kenower, MacArathur & Co.— Detroit Dain, Kalman & Quail, Inc. -- Minneapolis Van Kampen, Wauterlek & Brown. Inc. --Chicago Continental Illinois National Bank 1 and Trust Company of Chicago Chemical Bank New York Trust Co. 1 —NY, Manager The Bank of California, N.A.— San Francisco Franklin National Bank—New York New York Hanseatic Corporation— New York Brown Bros. Harriman & Co.— UPw York !taster Hutchinson & Co.— cago 00.1028 1972-73 3.8011 3.696 To 1974 3.60% 0.0726 1972 3.W'n 3.7305 " 1973.74 3.70% 496 Special Session, September 10, 1988 Mercantile Trust Company, N.A.— 100.0452 1972.74 33/4 % 3.7415 % St. Louis and Carleton D. Bch Co., Des Moines—Jointly H's Trust and Savings Bank— 100.0000 1972-74 3.80% 3.80 % am Chicago, Manager Iowa -Des Moines National Bank— Des Moines The White -Phillips Company, Inc.—Davenport Becker & Cownie, Inc.—Des Moines RESOLUTION NO. 395.68 Resolution providing for the sale and award of $83,000 Flood Protection Bonds and approving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $83,- 000 Flood Protection Bonds of the City of Dubuque, in Dubuque Coun- ty, Iowa, has heretofore been given in strict complicance with the pro- visions of Chapter 75 of the Code of Iowa, by publication of notice for two or more successive weeks in a newspaper published in Du- buque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by None consisting of par and accrued in- terest plus a premium of $ 0 with all of the bonds bearing in- terest at the rate of 0 per cent (0) per annum; and there. after such sealed bids were opened, the substance of the best sealed bid being as follows: the bid sub- mitted by The Northern Trust Company consisting of par and ac- crued interest plus a premium of $319.00, with all of the bonds bear- ing interest at the rate of three and three quarter per cent (3.75%) per annum; NOW, THEREFORE, Be It Re. solved by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That upon being duly advised in the premises it is here. by determined that the bid of The Northern Trust Company for the prehase of $83,000 Flood Protec. tion Bonds of said City, dated Sep- tember 1, 1968, as advertised, bear- ing interest at the rate specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said The Northern Trust Company Section 2. That the form of agreement of sale of said bonds be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby au- thorized to accept and execute the same for and on behalf of the City of Dubuque. Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved September 10, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded September 10, 1968. Leo F. Frommelt Seal City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Council men Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of sale of Airport Bonds in the amount of $490,000, presented and read. Councilman Meyers moved that the proof of publication be re* ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Sealed bids were opened and read on the $490,000 Airport bonds with the following results: Special Session, September 10, 1968 497 Investment Rating: Moody's Investors Service, Inc.—Aaa $490,000 CITY OF DUBUQUE, IOWA General Obligation Airport Bonds Data of Sale: September 10, 1968 Bidden Price Morgan Guarantee Trust Company 100.0341 of New York, Mgr. Salomon Bros. & Hutzler— New York Weden & Co., Inc.—San Francisco Equitable Securities Morton & Co. —New York Harris Trust and Savings Bank— 100.0000 Chicago, Mgr. Iowa -Des Moines National Bank— Des Moines The White -Phillips Company, Inc. —Davenport Becker & Cownie, Inc.—Des Moines The First National Bank of 100.0018 Chicago and Halsely, Stuart & CO., Inc—Chicago, Jt. Mgrs. LaSalle National Bank—Chicago William Blair & Company—Chicago Bacon, Whipple & Co.—Chicago Walston & Co., Inc.—New York The Milwaukee Company Manley, Bennett, McDonald & Co.—Detroit Merrill Lynch, Pierce, Fenner & 100.0220 Smith, Inc.—NY, Mgr. Hornblower, Weeks -Hemphill Noyes—New York First of Michigan Corporation— Rodman & Renshaw --Chicago The Northern Trust Company— 100.0379 Chicago, Manager Goodbody & Co.—New York Shearson, Hamill & Co., Inc.— New York National City Bank of Cleveland Clark, Dodge & Co., Inc.—New York Kenower, MacArthur & Co.— Detroit Dain, Kalman & Quail, Inc.— Minneapolis Van Kampen, Wauterlek & Brown, Inc.—Chicago Chemical Bank New York Trust Co. 100.0664 --New York, Mgr. The Bank of California N.A.. San Francisco Franklin National Bank— New York New York Hanseatic Corporation —New York Brown Bros. Harriman & Co.— New York McMaster Hutchinson & Co. -- Chicago Coupon Rates 1969.73 3% % 1974-78 3.80% Net Interest Rate 3.7103 1969-73 3.60%r. 3.7441 17c 1974-78 3.80%n 1969-70 3.80% 3.7717 % 1971.75 3.70% 1976.77 3.80% 1978 3.90% 1969 5.00% 3.78509% 1970-76 3/'4 % 1977-78 3.80% 1969.75 33/4 % 3.78564% 1976-77 3.80%u 1978 3.90%, 1969-76 334 %c 3.7897 % 1977-78 3.90% 498 Special Sc_-s.ion, September 10, 1968 Continental Illinois National Bank 100.0651 1969.77 3.80% 3.80675% % and Trust Company of Chicago 1978 3.90% Smith. Barney & Co., Inc.—New 100.0002 1969-70 4.10% 3.8425 % York, Manager Goldman, Sachs & Co.—New York 1971-75 33/4 % R. W. Pressprich & Co., Inc. 1976-78 3.90% New York Bank of the Commonwealth— Detroit Francis I. duPont & Co.— New York The Illinois Company—Chicago Rand & Company, Inc.—New York Merchantile Trust Company, N.A.— 100.0051 1969-71 4.00% 3.8613 . St. Louis and Carleton D. Beh Co.— 1972. 3.90% Des Moines, Jointly 1973-75 33/4 %„ 1976-78 3.90% RESOLUTION NO. 39&68 Resolution providinq for the sale and award of $490,000 Air- port Bonds and aproving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $490,0110 Airport Bonds of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provi- sions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a newspaper published and of general circulation in Dubuque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by none consisting of par and accrued in- terest plus a premium of $0, with the bonds maturing in the year 0 to 0, inclusive, bearing interest at the rate of 0 per cent (0%) per annum, the bonds maturing in the years 0 to 0, inclusive, bearing interest at the rate of 0 per cent (0%) per annum, and the bonds maturing in the years 0 to 0, in. clusive, bearing intrest at the rate of 0 per cent (0%) per annum; and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by Morgan Guar- anty Trust Company of New York consisting of par and accrued in. terest plus a premium of $167.00 with the bonds maturing in the years 1969 to 1973, inclusive, bear- ing interest at the rate of Three and one half per cent (3rM per annum, the bonds maturing in the years 1974 to 1978, inclusive, bear- ing interest at the rate of three and eight tenths per cent (3.801/,)) per annum, and the bonds matur- ing in the ,years 0 to 0, inclusive, bearing interest at the rate of 0 per cent (0%) per annum; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad- vised in the premises it is hereby determined that the bid of Morgan Guaranty Trust Company for the purchase of $490,000 Airport Bonds, as advertised, bearing in- terest at the rate specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said Morgan Guaranty Trust Company of New York. Section 2. That the form of agreement of sale of said bonds to Morgan Guaranty Trust Company of New York be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are here- by repealed. Passed and approved September lo, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt Clerk Recorded September 10, 1968. Leo F. Frommelt Seal City Clerk Special Session, September 10, 1968 499 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays --.None. Proof of Publication, certified to by the Publisher, of Notice of sale of Sewer bonds in the amount of $1,995,000 presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Sealed bids were opened and read on the $1.995,000 sewer bonds with the following results: Investment Rating: Moody's Investors Sen'ice. Inc.--Aaa $1,995,000 CITY OF DUBUQUE, IOWA General Obligation Sewer Bonds Date of Sale: September 10, 1968 Net Interest Bidders Price Coupon Rates Rate Morgan Guaranty Trust Company 100.0114 1970.78 3.80% 3.815 of New York, Mgr. Salomon Bros. & Hutzler— New York Weeden & Co., Inc.—San Francisco Equitable Securities Morton & Co.—New York The Northern Trust Company— Chicago, Manager Goodbody &Co.—New York Shearson, Hammill & Co., Inc.— New York National City Bank of Cleveland Clark Dodge & Co., Inc.— New York Kenower, MacArthur & Co.— Detroit Dain, Kalman & Quail, Inc.— Minneapolis Van Kampen, Wauterlek & Brown, Inc.—Chicago Continental Illinois National Bank and Trust Company of Chicago 1979-81 3.90% 1982 4.00% 100.0019 1970-74 4.00% 3.9197 % 1975-77 3.80% 1978-80 3.90% 1961-82 4.00% Harris Trust and Savings Bank— Chicago, Manager Iowa -Des Moines National Bank— Des Moines The White -Phillips Company, Inc. —Davenport Becker & Cownie, Inc.—• Des Moines Chemical Bank New York Trust Co.—New York, Mgr. Bank of California, N.A.— San .A—San Francisco Franklin National Bank— New York New York Hanseatic Corporation —New York 100.0017 1970 3.90% 3.9202 % 1971-72 4.00% 1973 3.90% 1974-76 4.00% 1977-82 3.90% 100.0601 1970-80 3.90% 3.9285 % 1981-82 4.00%) 100.0241 1970-73 4V4 % 3.9575 % 1974-79 3.90% 1974-79 3.90% 1980-82 4.00% 500 Special Session, September 10, 1988 Brown Bros. Harriman & CO.— New York McMaster Hutchinson & Co. Chicago The First National Bank of Chicago 100.0005 1970-71 5.00%3.9625 ; and Halsey, Stuart & Co., Inc.— 1972 4.00 Chicago, A. Mgrs. LaSalle National Bank—Chicago William Blair & Co.—Chicago Bacon, Whipple & Co.—Chicago Walston & Co., Inc.—New York The Milwaukee Company Manley, Bennett, McDonald & Co. —Detroit Merchantile Trust Company, N.A.— 100.0017 St. Louis and Carleton D. Beh Co.— Des Moines, Jointly Smith, Barney & CO., Inc.— 100.0046 New York, Manager Goldman, Sachs & Co.—New York R. W. Pressprich & Co., Inc.— New York Bank of the Commonwealth— Detroit Francis I. duPont & Co.— New York The Illinois Company, Inc.— Chicago Rand and Company, Inc.— New York RESOLUTION NO. 39768 Resolution providing for the sale and award of $1,995,000 Sewer Bonds and approving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $1,995,000 Sewer Bonds of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the pro- visions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a newspaper published and of general circulation in Dubuque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by NONE, con- sisting of par and accrued interest plus a premium of $......... with the bonds maturing in the years ........ to ......... inclusive, bearing intereit at the rate of ........ per cent (....%) per annum, the bonds maturing in the years ........ to ......... inclusive, 1973.79 3.90% 1980.82 4.00% 1970-73 4.10% 4.0277 1974-77 4.00% 1978 3.90% 1979-80 4.00% 1981-82 4.00%n 1970-74 4.10 4.0288 % 1975 33/4 % 1976-80 4.00% 1981-82 4.10% bearing interest at the rate of ...... per cent (....%) per annum, and the bonds maturing in the years ........ to ......... inclusive, bearing interest at the rate of ...... per cent (....%) per annum; and thereafter such sealed bids were opened, the sub- stance of the best sealed bid being as follows: the bid submitted by Morgan Guaranty Trust Company of New York consisting of par and accrued interest plus a premium of $227.00, with the bonds matur- ing in the years 1970 to 1978, inclusive, bearing interest at the rate of three and eight tenths per cent (3.80%) per annum, the bonds maturing in the years 1979 to 1981, inclusive, bearing interest at the rate of three and nine tenths per cent (3.90%) per annum, and the bonds maturing in the years 1982 to 0, inclusive, bearing in- terest at the rate of four per cent (4.0%) per annum; NOW, THEREFORE, Be It Re. solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad. vised in the premises it is hereby determined that the bid of Morgan Special Session, September 10, 1968 501 Guaranty Trust Company of New York for the purchase of $1,995,- 000 Sewer Bonds, as advertised, bearing interest at the rates spe- cified in the preamble hereof, is the highest and best bid received and that said bonds he and the same are hereby awarded to said Morgan Guaranty Trust Company of New York. Section 2. That the form of agreement of sale of said bonds to Morgan Guaranty Trust Com- pany of New York be and the same is hereby approved, and the Mayor, City Clerk and City Treas- urer are hereby authorized to ex- ecute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved September 10, 1968. Sylvester M. McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded September 10, 1968. Leo F. Frommelt Seal City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchmen, Meyers, Preg- ler, Schultz. Nays—None. There being no further business ,ouncilman Pregler moved to ad- journ. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved NOy.emb.p.r.... 1 ... 1968 Adopted j1oV emb er la 1966 7 ...... ZDLL'-.� ..... .......:.....��'�.1. ..."... ....................... .......x ....... ..... `s ft'�P:4................ :................................ City Clerk 500 Special Session, September 10, 1968 Brown Bros. Harriman & Co.— New York McMaster Hutchinson & Co.— Chicago The First National Bank of Chicago 100.0005 1970-71 5.00%3.9625 'i• and Halsey,Stuart & Co., Inc.— 1972 4.00 Chicago, JtMgrs. LaSalle National Bank—Chicago 1973-79 3.90% William Blair & Co.—Chicago 1980-82 4.00% Bacon, Whipple & Co.—Chicago Walston & Co., Inc.—New York The Milwaukee Company Manley, Bennett, McDonald & Co. —Detroit Merchantile Trust Company, N.A.— 100.0017 1970-73 4.10% 4.0277 St. Louis and Carleton D. Beh Co.— 1974-77 4.00% Des Moines, Jointly Smith, Barney & Co., Inc.— New York, Manager Goldman, Sachs & Co.—New York R. W. Pressprich & Co., Inc.— New York Bank of the Commonwealth— Detroit Francis I. duPont & Co.— New York The Illinois Company, Inc. -- Chicago Rand and Company, Inc.— New York RESOLUTION NO. 39768 Resolution providing for the sale and award of $1,995,000 Sewer Bonds and approving and authorising the agreement of such sale and award. WHEREAS notice of sale of $1,995,000 Sewer Bonds of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the pro- visions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a newspaper published and of general circulation in Dubuque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by NONE, con- sisting of par and accrued interest plus a premium of $......... with the bonds maturing in the years ........ to ......... inclusive, bearing interet at the rate of ........ per cent (....%) per annum, the bonds maturing in the years ........ to inclusive, 1978 3.90% 1979-80 4.00% 1981-82 4.00% 100.0046 1970.74 4.10% 4.0288 '7o 1975 33/4 % 1976-80 4.00% 1981-82 4.10% bearing interest at the rate of ...... per cent (....%) per annum, and the bonds maturing in the years ........ to ......... inclusive, bearing interest at the rate of ...... per cent (....%) per annum; and thereafter such sealed bids were opened, the sub- stance of the best sealed bid being as follows: the bid submitted by Morgan Guaranty Trust Company of New York consisting of par and accrued interest plus a premium of $227.00, with the bonds matur- ing in the years 1970 to 1978, inclusive, bearing interest at the rate of three and eight tenths per cent (3.80%) per annum, the bonds maturing in the years 1979 to 1981, inclusive, bearing interest at the rate of three and nine tenths per cent (3.90%) per annum, and the bonds maturing in the years 1982 to 0, inclusive, bearing in- terest at the rate of four per cent (4.0%) per annum; NOW, THEREFORE, Be It Re solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad- vised in the premises it is hereby determined that the bid of Morgan i Guaranty Tr Fork for th e Special Session, September 10, 1968 5U1 ust Company of New purchase of $1,995,- 000 Sewer Bonds, as advertised, bearing interest at the rates spe- cified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said Morgan Guaranty Trust Company of New York. Section 2. That the form of agreement of sale of said bonds to Morgan Guaranty Trust Com- pany of New York be and the same is hereby approved, and the Mayor, City Clerk and City Treas- urer are hereby authorized to ex. ecute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved September 10, 1968. Sylvester M. McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded September 10, 1968. U.o F. Frommelt Seal City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchmen, Meyers, Preg- ler, Schultz. Nays—None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved No.y,emb.er 18 iggg Adopted November 18 1968 .... .............. ...... . City Clerk ,HA2 Adjrrnrned Regnlar and Speria.l Session, Septemher 19, 1968 CITY COUNCIL OFFICIAL Adjourned Regular and Special Session, September 16, 19th. Council met at 1:30 P.M. (D.S.T.) Pr*sent--Mayer McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. City Manager Gilbert D. Chavenelte. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting i.a an adjourned meeting of the regular meeting of August S, 1968, and of the special meeting of Au- gust 26, 1968, in connection with the issuance of flood, airport, and sewer bonds, ant! acting upon such other business as may properly come before a regular meeting of the City Council. Communication of Anne Rooney expressing thanks for the installa tion of a street light on Diagonal street, presented and read. Coun- cilman Meyers moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays. --None. September 10, 1968 To The Honorable Mayor And City Council Gentlemen: During the past several years many complaints have been re- celved regarding the condition of a building and premises at 247 South Locust Street. I directed the Housing Depart- ment to make a complete inspec- tion of the premises. This inspec. tion was ►rade on November 3, 1966, and the following is the report August 22, 1968 Gilbert 1). Chavenelle City Manager Dubuque, Iowa Dear Mr, Chavenelle: On November 3, 1966 an inspec- tion evas made of a dwelling at 247 South Locust Street. The building was vacant, dote. riorated and due to lack of main- tenance and repair was an attrac- tive nuisance to children. a fire and health hazard, many defi- ciencies were present besides the general r_onditions There is a stool and sink. An order was sent to A. C. Potter. 710 Lincoln Avenue to clean up the premises and board up the openings in the structure This order was complied with. Mr. Potter then by letter in- formed the Housing Department that he is not the owner and his mother has title to this property, Mrs. Eunice Howell. Further investigation revealed that Mrs. Howell was a patient at Our Lady of Lourdes Nursing Home and her condition did not permit communications. Mr. Potter then gave us a list of Mrs. Howell's children. Mr. Potter is a son by previous mar- riage. Mrs. Howell was receiving aid from Social Welfare which result- ed in placing a lien against the property. Due to Mrs. Howells condition, the lack of funds and that the building had been protected by boarding up the openings, this matter was not pursued to any conclusion. Mrs. Howell passed away on July 26, 1967. A notice was then sent to all known heirs and interested parties advising them of the conditions of this dwelling. We received no written replies, two of the notices were returned because of addressee unknown. Because of these conditions and the violations present we recom- mend that you issue a ten day notice as per Ordinance No. 35.52 and require that this building be brought up to minimum require- ments or removed. A list of the violations is at- tached. Arthur Nagel Housing Inspector City of Dubuque, Iowa AN:rak May 16, 1967 Mrs. Eunice Howell, Lady of Lourdes Nursing Home, Dubuque, Iowa Adjourned Regular and Special Session, September 16, 14168 Mrs, Ronald Howell, 1690 Drexel Street, Dubuque, Iowa Mr. Arthur Potter, 710 Lincoln Avenue, Dubuque, Iowa Mr. Carl Howell, West 12th Street, Dubuque, Iowa Mr. Dick Howell, 395 E. 16th Street, Dubuque, Iowa Mr. Thomas Howell, 1679 Au- burn Street, Dubuque, Iowa Dubuque County Social Welfare Office. 503 Main Street, Dubuque, Iowa RE: 247 South Locust Street Dubuque, Iowa Stouts Dubuque Addition S-40' of I.ot 2 of Min Lot 54 To Whom It May Concern: On November 3, 1966 an inspec. tion of 247 South Locust Street was made as the result of com- plaints received. The following is a list of viola- tions existing at the time of in- spection: Section 4.1 Kitchen sink not con- nected to hot water supply. Section 4.2 No tub, shower, or lavatory. Section 4.5 No water heating fa- cilities properly in stalled. Section 7.1 Roof not water tight. Section 7.2 Floors, interior walls and ceiling not in good condition. Section 7.3 Exterior doors and windows not in sound working condi- tion and roof needs repair. Section 7.4 Porches not in sound condition and good repair. Section 7.8 Exterior wood sur- faces not adequately protected against wa- ter seepage. Section 7.13. No owner shall oc- cupy or let any oth- er occupant occupy any vacant dwelling unless it is clean, sanitary and fit for human occupancy. You are notified said structure has been determined to be sub standard by reason of the follow ing listed conditions as set fortt in Section 12.1 (a). 1 503 1. Lack of lavatory and bathtub or shower. 4. Lack of hot running water to plumbing. 5. Lack of adequate heating fa- cilities. 11. General dilapidation or im- proper maintenance. F. Hazardous wiring. K. hazardous unsanitary prem- ises (accumulation of debris in yard and structure.) The letter listing the violations was sent to Arthur Potter, 710 Lincoln Avenue, Dubuque, Iowa. It was his telephone number which was listed on the "For Rent" sign which was posted on the dwelling. Upon receipt of the letter Mr. Potter did clean the debris from the house and grounds. He wrote this office stating that he had cleaned the house and grounds and had barricaded the openings. He also stated that he was not appointed agent. A reinspection of 247 South Locust Street May 12, 1967 indi- cates that nothing has been done to correct the structural or me. chanical violations. Because the structure creates a blighting to the area and is an attractive nuisance for inquisitive children you are hereby ordered to correct the listed violations or take steps necessary for the re- moval of the structure within thir- ty (30) days from the receipt of this notice. Failure to comply will make it necessary to proceed with Ordi- nance 35-52 which provides for removal of dangerous buildings. Should there be any questions please call our Housing Depart- ment (583-6441 EXT. 63). Arthur Nagel Housing Inspector City of Dubuque After receiving this report, I personally inspected the premises. As a result of this inspection on August 23, 1968, 1 prepared the following notice: NOTICE August 23, 1968 TO: Mr. Arthur Potter, 710 Lincoln, Dubuque, Iowa Mr. Thomas Howell, 1679 Au qu burn Street, Dubuque, Iowa ,ypA Adjourned Regular and Special Session, September 16, 196h Mr. Carl H o w e 11, 1704 Elm Street, Dubuque, Iowa Mr. Dick Howell, 395 E 16th Street, Dubuque, Iowa Mr. Ronald Howell, 1690 Drexel, Dubuque, Iowa Dubuque County Social Welfare Office, 503 Main Street. Dubuque, Iowa Heirs at law of Eunice Howell, deceased, late of Dubuque, Du- buque County, Iowa, recorded own- ner of South 40' of lot 2 of Stouts Dubuque Addition of M. L. 54 in the City of Dubuque, Dubuque County, Iowa known as 247 South Locust Street. I have personally inspected the structure known as 247 South Locust Street and located on the above described real estate in the City of Dubuque, Iowa and find the conditions as they have been reported to me by the Housing Inspector as substantially correct. A copy of whose report is here- by attached and by reference made a part hereof. According to City Ordinance No. 35.52, you are hereby given ten (10) days notice to correct the dangerous conditions as described In the attachod report or disman- tle the building. Gilbert D. Chavenelle City Manager City of Dubuque, Iowa This notice has not been com- plied with and I recommend to the City Council that the provisions of Ordinance No. 35-52 be enforced and that the owners of said build- ing located at 247 South Locust Street and located on the South VY of lot 2 of Stouts Dubuque Addition of M. L. 54 in the City of Dubuque, Iowa, and heirs at law of Eunice Howell, deceased, late of Dubuque, Dubuque County, Iowa be required to dismantle the building and clean up the prem ises. Respectfully submitted, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa Mayor McCauley moved that the communication be received and filed, and that a public hearing be held on the matter on October 7, 1968, and that the Clerk be in- structed to publish notice of same as required by law-. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. September 13. 1968 To The Honorable Mayor And City Council Gentlemen: During the past several years many complaints have been re- ceived regarding the conditions of a building and premises at 536 Avon Street. I directed the Housing Depart- ment to make a complete inspec- tion of the premises. The inspec- tion was made February 29, 1968. The building was vacant, dete- riorated and due to lack of main- tenance and repair was an attrac- tive nuisance to children. a fire and health hazard, many defi. ciencies were present besides the general conditions. There is a stool and sink. An order was sent to the owners of record. Mr. Donald A. LeVan, 1514 Auburn Street, Dubuque, Io- wa and Mrs. Delila LeVan, 1000 Morgan Road, Waterloo, Iowa. This order was not complied with. On July 31, 1968 orders were sent by certified mail to Mr. Don- ald A. LeVan, 1514 Auburn Street, Dubuque, Iowa and Mrs. Delila LeVan, 1000 Morgan Road, Water. loo, Iowa, advising them of the conditions of this dwelling. On August 9, 1968 Mr. Donald A. LeVan reported to the Housing Department that he and Mrs. Delila LeVan would be unable to make the required improvements. Because of these conditions and many violation present we recom- mend that you issue a ten (10) day notice as per Ordinance No. 35-52 and require that this build- ing be brought up to the minimum requirements or removed. A list of violations is attached. Gilbert D. Chavenelle City Manager Mayor McCauley moved that the communication be received and filed and that a public hearin, be held on October 7, 1968 and Adjourned Rmilar sm and Special Session. September 16, 1.968 the Clerk be instructed to publish notice of same as required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, s, - Coun- cilmen Couchman, ler, Schultz. Nays ---None. September 16, 1968 To The Honorable Mayor And City Council Gentlemen: During the past several years many complaints have been re- ceived regarding the conditions of a building and premises at 628 West Eighth Avenue. 1 directed the Housing Depart- ment to make a complete inspec- tion of the premises. This inspec tion was made on December 11, 1967 and the following is the re port. to children, and are a detriment to the neighborhood. Because of these conditions and the violations present we rQcom• mend that you issue a ten day notice as per Ordinance No. 3552 and require that this building be brought up to minimum require- ments or removed. A list of the inspections is at- tached. August 27, 19611 Mr, Gilbert D. Chavenelle City Manager Dubuque, Iowa Dear Sir: On December 11, 1967 an in- spection was made of a vaeant two story frame structure at 628 West 8th Street located on l_,ot 24 and W. 4' of I,ot 23 Rogers Sub. owned by Mr. J. 11, Brunjes, 1555 Main Street (Frommelt Shaeffer Con- valescent Home.) The doors and windows of this structure have been broken by vandals, the interior walls, ceilings and floors are deteriorated and damaged by fire, the electrical system has been damaged by fire, the foundation and sills are bad allowing the exterior walls to set- tle, an unfinished addition to the rear of structure is rotted, the yard is full of high weeds and dead grass. This property was listed for sale with Lundin Realty in 1965 for $1.800.00 but no pur- chaser was found. Mr. John Duffy, conservator for J. H. Brunjes, was granted per mission by the court to a<mridon the structure in August 1967. Air Duffy has stated he does not have the responsibility or the financial resources to enrreet the above conditions. The conditions that are present offer a fire hazard, a rat harborage, an attractive nuisance 1 Arthur J. Miller Housing Inspector City of Dubuque, Iowa AJM : rak After recelvine this report, I personally inspected the premises. As a result of this inspection on August 28, 1968 I prepared the following notice: Notice August 28, 1968 TO: Mr. J. H. Brunjes, 1555 Main Street, Frommelt Shaeffer Conva- lescent Home, Dubuque, Iowa Mr. John L. Duffy, Attorney, Conservator for J. H. Brunjes, 403 Fischer Bldg.. Dubuque, Iowa Recorded owner and conservator for property located at Lot 24 and West 4' of Lot 23, Rogers Sub. and known as 628 West Eighth Avenue in the City of Dubuque, Dubuque County, Iowa. 1 have personally inspected the structure known as 628 W e s t Eighth Avenue and located on the above described real estate in the City of Dubuque, Iowa and find the conditions as they have been reported to me by the Housing Inspector as substantially correct. A copy of whose report is here- by attached and by reference made a part hereof. According to the City Ordinance No. 35-52, you are hereby given ten (10) days notice to correct the dangerous conditions as described in the attached report or disman• tic the building. Gilbert D. Chavenelle City Manager City of Dubuque, Iowa This notice has not been com- plied with and I recommend to the ('ity Council that the provi- sions of Ordinance No. 3552 be enforced and that the owners of 506 Adjourned Regular and Special Session, September 18, 1988 said building located at 628 West Eighth Avenue and located on Lot 24 and the West 4' of Lot 24, Rogers Sub. in the City of Du- buque, Iowa and J. H. Brunjes and John Duffy, Conservator for Mr. J. H. Brunjes of Dubuque, Du- buque County, Iowa be required to dismantle the building and clean up the premises. Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed and that a public hear- ing be held on October 7, 1965 and the City Clerk be instructed to publish notice of same as re- quired by law. Seconded by Mayor McCauley. Carried by the follow- ing vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Notice of claim of Hollis D. Root, in an estimated amount of $233.81, for car damage as the result of a broken tree limb fall- ing on his car on September 5, 1968, presented and read. Council- man Couchman moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Coun. cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 55-68 An Ordinance regulating coin. operated laundry and dry clean- ing establishments, requiring li- censinq thereof and providing penalties for violation hereof, presented the second time for con- sideration. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays --None. Several citizens of the Point Launderette area were again in attendance objecting to the opera- tion and nuisance, admitting how- ever some improvement. but still not to their satisfaction. Mr. Clark owner of the Point Launderette stated that the problem can be worked out. He seemed to be un- der the impression that it is a teen-age problem. Mr. Fred Appel addressed the Council by stating that he is the owner of a laundro. mat. He further stated that he experienced no loss of revenue by closing his place of business by ten o'clock. He did feel how. ever that a man operating a bus- iness should have the right to open and close as he sees fit. Councilman Pregler moved that the hearing on the Ordinance should be delayed to the Council meeting of October 7, 1968, to give Mr. Clark a further opportunity to come up with some kind of agreement. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro- posal to dispose of interest in a portion of Tenth Street from Jackson Street to a point 220' northeasterly of Washington Street and that portion of Washington Street lying between Tenth Street and Ninth Street, 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 Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. ORDINANCE NO. 52-68 An Ordinance vacating that por- tion of Tenth Street from Jack- son Street to a point 220 feet northeasterly of Washington Street and that portion of Wash- Ington Street lying b e t w e e n Adjourned Rcgular and Special Session, September 16, 1968 Tenth Street and Ninth Street In the City of Dubuque, Iowa, said Ordinance having been pre viously presented and read at the Council g of August 12, for Fina I Adop- 1968, presented tion. ORDINANCE NO. 52.M AN ORDINANCE VACATING THAT PORTION OF TENTH STREET FROM JACKSON STREET TO A POINT 220 GTONNSTREET ND THATT PORTSH ION OF WASHINGTON STREET LYING BE- ND NINTH TWEEN INNTHESCITY OF EADUBUQUE, IOWA. WHEREAS, Caradco Incorporated has petitioned the City Council of the City of DT,enthuP Street tovacateJtackson that Street to a point 220 feet northeasterly of Wash - Ington Street avnd that portion of Washing - 1 and ton Street IIt the City Tenth Of JD buque, Iowa; and WHEREAS, the Planning and Zoning Commission of the CityOf Dubuque, Iowa, has fPCOmmended the vacation 01 said has sublect to the conditions herelnafter set forth; and WHEREAS, the CIH Council of the that ty thDubuqupo tion of wof has Street determinedatet from Jackson Street to a point 220 feel norlh- easterly of Washington Street and that portion of Washington Street lying be- tween Tenth Street and Ninth Street In the City of Dubuque. Iowa, are no longer needed for public purposes and that the City of Dubuque, Iowa, has easements therein for public purposes and In said streets there are located various public uti111ies; and WHEREAS. Caradco Incorporated Pro, thatsto portloncofc certain ith IStpreetef roma Jack. son Street to a point 220 feet north- easterly of Washington Street end that portion of Washington Street lying be- tween Tenth Street and Ninth Street In the City of Dubuque. Iowa; and WHEREAS, the vacation of the Afore. said streets In the City of Dubuque, Iowa, should be approved sublect in the following terms and conditions: 1. That Caradco Incorporated grant un- to City of Dubuque, IOWA, a perpetual right and eAsemeni In and to that par. tlon of Tenth Street from Jackson Street to a point 220 feet norlhensterly of WA•h- Inoton Street And that portion of WA h. Ington Street Ivinq between Tenth Street and Ninth Street In the City of Dubuque, Iowa, which grant of P—ement shall be for the Purpose of entering thereon and egree therefrom fnr the nnrnn— of meklnq repalre. Insnertinn end malnten. once of the utilities located therein. 2 ThAt Cnradco Incorporated undertake and agree to PAv the rests M — addl. }tonal ev*Pn-r to the City of D,ibunue, Iowa. occasioned by the erection, con- struction and location of Improvements On oecated Tenth Ctreet frcm lerlsnn Street to a point ??fl feet nnrtke+-terly M WAshlnalon Street And on WA•hingign Street iviriq between Tenth Street And Ninth Street In the City of Dub,-que, Iowa, It being Agreed hetv,een the City of Du- buque, Iowa. and Caradcn Inc -roosted thAt access ,n portion of the utillttes In, calledIn said streets to be vAcated will be diminished and Interfered with by reason of the proposed improvements therenn iherebv exporing the City of Du- buque to greater expense In the event It Is nece-Ary to reach the game for pur- poses of Inspection, maintenance and re- pair. 3. That Caradco incorporated shall hold the City of Dubuque, Iowa, free and harmless from any claim whatsoever re- sulting from the failure of any utilities owned by the City of Dubuque, Iowa, or any condition resulting from the iocatlon and maintenance of the utilities owned by the City of Dubuque, Iowa, resulting Indamages to the Improvements proposed to be erected, constructed and located on 507 that portion of vacated Tenth Street frcm Jackson Street to a point 22D feet north. ea"er lv of Washington Street And that portion of vacated Washington Street IV - Ing between Tenth Street and Ninth Street In the ,ty of Dubuque, Iowa. 4. Th C If any construction on the afore- said streets proposed to be vacated shall not bepermitted without first secur,ng the consent of the City of Dubuque, Iowa, for the purpose of insuring to the City of Dubi Que, Iowa, no obieclionable Inter• ference or obstruction to the ut(litles presently located therein. 5. That Caradco Incorporated shall grant a Perpetual right and easement to the Cityof D-buque, Iowa, for the Purpose of 9alning ingress to and egress from any Portion of that property of Caradco incorporated for the purpose of gaining access to the public utilities lo- cated In that Portion of Tenth Street frcm Jacxson Street to a point 220 feet nortn- easterly of Washington Street and that Portion of Washington Street lying be. tween Tenth Street and Ninth Street in the City of Dubuque, Iowa, for the Purpo.,e of inspection, repair and milintenance cf the same. 6. Failure or refusal to Comply with the foregoing conditions shall work an auto- matic revocation of this Ordinance. 7. Caradco Incorporated shalt execule Its concurrence herein, which is here - matter set forth, NOW, THEREFORE, BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the portion of Tenth Sheet from Jackson Street to a point 220 feet northeasterly Of Washington Street and that portion of Washington Street ty- ing between Tenth Street and Ninth Street in the City of Dybuque, Iowa, be and 'he same are hereby vacated sub lett to the conditions n.mbered I to 7, inclusive, set forth In the preamble here- of. Section 2. That the City Clerk be and he is hereby authorized and direued to record a certified copy hereof In The Office of the Dubuque County Record- er in and for Dubuque County, Iowa. Passed, adopted and approved this 16th day of September, 1969. Sylvester McCauley Mayor Walter A. Pregler Mer U„ F. Schultz Gaylord M. Couchman Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk AGREEMENT WITH CONDITIONS OF ORDINANCE Caradco Incorporated herewith agrees to be bound by the terms and conditiucs set forth in the foregoing Ordinance and agrees to Perform all conditions therein set forth. CARADCO INCORPORATE=O By P. L. Adams President J. M. Viol Corporate Seal Assistant Secretary Published officially In The Telegraph - Herald Newspaper this 23rd day of Sep- tember, 1%8. Leo F. Frommelt City Clerk. 11.-9/23 Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. City Attorney Russo requesting time to review further certain WS Adjourned Regular and Special Session, September 16, 1968 aspects of the transaction with Caradco Incorporated. Councilman Pregler moved that publication of the Ordinance be withheld until approved by the City Solicitor. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 39" WHEREAS, pursuant to Resolu- tion and notice of time and place of hearing published on August 16, 1968, and on August 23, 1968, in the Telegraph -Herald, a ne«s paper of general circulation pub- lished in the City of Dubuque, Iowa, the City Council of Dubuque, Iowa, met on the 16th day of Sep- tember, 1968, at 7:30 P.M. (CDST) in the City Council Chambers in the City Hall, Dubuque, Iowa, to consider the proposal to vacate certain real estate, at which hear. ing all interested persons were afforded an opportunity to be heard for or against such pro. posal, and which real estate is described as follows: That portion of Tenth Street from Jackson Street to a point 220 feet northeasterly of Wash - ton Street and that portion of Washington Street lying between Tenth Street and Ninth Street in the City of Dubuque, Iowa; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to vacation of the interest of the City of Dubuque, Iowa, in the above described real estate to Caradco Incorporated; NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Du- buque, Iowa, in and to the follow- ing described real estate: That portion of Tenth Street from Jackson Street to a point 220 feet northeasterly of Wash- ington Street and that portion of Washington Street lying be. tween Tenth Street and Ninth Street in the City of Dubuque, Iowa, be and the same is hereby ap. proved and the said Caradco Incor. porated shall pay the cost of pub- lication, said disposal subject to Ordinance No. 52.68 of the City of Dubuque, Iowa. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of the City of Dubuque. Iowa, conveying to Caradco Incorporated all of its right, title and interest in and to the above described real estate. Section 3. That the City Mayor be and he is hereby authorized and directed to record a certified copy of this resolution in the Of- fice of the Dubuque County Re- corder and the Dubuque City As- sessor in and for Dubuque County, Iowa. Passed, adopted and approved this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Gaylord M. Couchman Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution subject to approval of City Solicitor. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of Mrs. Harry Satchel) of 1536 Bies Drive requesting in- formation as to the installation of water in the area, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas -- Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Mr. Dick Hansel addressed the Council by stating that the pro- posed agreement with Clinque and the City is not satisfactory as to the furnishing of water for the area in and around Bies Drive. Adjourned Regular and Special Session, September 16, 1968 There has been no definite route given to them to run the water. Petition of Playground & Recrea- tion Commission requesting $25,- 000 from the Rafferty Fund for the construction of restroom fa- cilities at the Veterans Memorial park, presented and read. Council- man Pregler moved that the re- quest be granted. Seconded by Councilman Couchman. Carried by the following vote: Yeas --- Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler. Schultz. Nays—None. Petition of Morva J. Turner et al (16 signers) requesting the in- stallation of a street light at the alley on Green Street between As- bury & Avoca Streets, presented and read. Mayor McCauley moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Petition of American Legion re- questing permission to sell tickets in the downtown area on Septem- ber 13th and 14th for Recognition Night to be held on September 15, 1968, presented and read. Council- man Meyers moved that the peti- tion be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. M Due to the timing and after clearing with the police depart- ment, permit #117 was issued. There is no conflict with other promotions taking place during September. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor McCauley moved that the action of the City Manager be ap- proved. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Dorrance J. Lange of 2000 Farragut Street, requesting permission to construct a car port which would extend into the plat- ted but un -used portion of the street, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the Manager and staff. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Helen Callahan et al requesting removal of the center parkway in Ken Court, presented and read. Councilman Meyers mov- ed that the petition be referred to the City Manager and staff. Seconded by Mayor McCauley. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman. Meyers, Pregler, Schultz. Nays—None. Petition of Lloyd Burkart et al requesting construction of side - September 12, 1968 walks across alleys between Col - To the Honorable Mayor and lins and Gandolfo streets and between Gandolfo City Council, across the alley S. Algona street on St. Joseph Gentlemen: On this date a request for per- and street side, presented and read. that mission to hold a ticket sale on Councilman Pregler moved be referred to the Main St., Friday, September 13th the petition Department. Seconded and Saturday, September 14th, was Engineering McCauley. Carried by received. This request was made by Mayor the following vote: by the American Legion, sponsor Mayor McCauley, Coun of the Dubuque Legion Aires Drum Yeas --- Meyers, Pregler, & Bugle Corps Recognition Nite, cilmen Couchman, to be held at Senior High Field, Schultz. Sunday, September 15th. Nays—Norie. 510 Adjourned Regular and Special Session, September 16, 1968 Petition of Alford F. Finch re- questing a refund of $75. on the unexpired portion of cigarette li- cense No. 212, as he has discon- tinued business on September 14, 1968, presented and read. Council- man Meyers moved that the re- fund be granted and the City Aud- itor instructed to issue proper war- rant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays.—None. Petition of Steve's Plumbing re- questing permission to excavate in the alley between First and Sec- ond and Locust & Bluff Streets, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. September 9, 1968 To the Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque Orchard Hills Boulevard Light Project has been completed in accordance with the City of Dubuque plans and specifi- cations. I, therefore, recommend accep- tance of the above mentioned project. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the recommendation of the City Manager be approved. Sec• onded by Councilman Pregler. Car- ried by the following vote: Yeas --Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None, FINAL ESTIMATE RESOLUTION NO. 399-68 WHEREAS, the contract for the Construction of Boulevard Street Lights and Appurtenances on Orchard Drive, Cider Ridge, on Blocks 1, 2, 3, 4 and S Or- chard Hills Subdivision, City of Jonathan Lane and Delicia Drive Dubuque, Iowa, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $3,447.89. That $3,447.89 of the cost there- of shall be assessable upon private property and (none) shall be paid from the (none) Fund of the City of Dubuque. Passed, adopted and approved this 16 day of September 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Not;ce.) RESOLUTION NO. 400.68 WHEREAS, the contract for the Construction of Boulevard Street Lights and Appurtenances on Orchard Drive, Cider Ridge, Jonathan Lane and Delicia Drive on Blocks 1, 2, 3, 4 and 5 Or- chard Hills Subdivision, City of Dubuque, Iowa, has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, Adjourned Regular 511 and Special Session, September 16, NM BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's 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 this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk time set for the public hearing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider a proposal to dispose of Lot 2 of 1 of 1 in Block 6 River Front Subdivision No. 3 to Berwanger Boiler Shop Inc., presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the Nays—None. RESOLUTION NO. 401-66 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on Aug- ust 22, 1968, and August 29, 1968, City Council of Dubuque, Iowa, met on the 16th day of September, 1968, at 7:30 o'clock P.M., (Central Daylight Saving Time) in the City Council Chamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque to Lot 2 of Lot 1 of Lot 1 in Block 6 River Front Subdivision No. 3 in the City of Dubuque, Iowa, containing approx- imately % acre to Berwanger Boil- er Shop, Inc.; and WHEREAS, City Council of Du. buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Ber. wanger Boiler Shop, Inc. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Berwanger Boiler Shop, Inc., covering the following described real estate, to -wit: Lot 2 of Lot 1 of Lot 1 in Block 6 River Front Subdivision No. 3 in the City of Dubuque, Iowa, containing approximately !i acre. for the total purchase price of $5,274.20, be and the same is here. by approved, subject to the follow- ing terms and conditions, to -wit: A. That said parcel of real estate be sold to Berwanger Boiler Shop, Inc., of Dubuque, Iowa, 510 Adjourned Regular and Special Session, September 16, 1968 Petition of Alford F. Finch re- questing a refund of $75. on the unexpired portion of cigarette li- cense No. 212, as he has discon- tinued business on September 14, 1968, presented and read. Council- man Meyers moved that the re- fund be granted and the City Aud- itor instructed to issue proper war- rant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of Steve's Plumbing re- questing permission to excavate in the alley between First and Sec- ond and Locust & Bluff Streets, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. September 9, 1968 To the Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque Orchard Hills Boulevard Light Project has been completed in accordance with the City of Dubuque plans and specifi- cations. I, therefore, recommend accep- tance of the above mentioned project. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor McCauley, Coun• cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. FINAL ESTIMATE RESOLUTION NO. 399.68 WHEREAS, the contract for the Construction of Boulevard Street Lights and Appurtenances on Orchard Drive, Cider Ridge, on Blocks 1, 2, 3, 4 and 5 Or- chard Hills Subdivision, City of Jonathan Lane and Delicia Drive Dubuque, Iowa, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $3,447.89. That $3,447.89 of the cost there- of shall be assessable upon private property and (none) shall be paid from the (none) Fund of the City of Dubuque. Passed, adopted and approved this 16 day of September 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Nonce.) RESOLUTION NO. 400-68 WHEREAS, the contract for the Construction of Boulevard Street Lights and Appurtenances on Orchard Drive, Cider R i d g e, Jonathan Lane and Delicia Drive on Blocks 1, 2, 3, 4 and S Or- chard Hills Subdivision, City of Dubuque, Iowa, has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESO Council of the that the recd City Manager LVED, by the City City of Dubuque, recon Adjourned Regular and Special Session, September 16, 11'�i of the be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's 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 this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays --None. Proof of Publication, certified to by the Publisher, of notice of pub lic hearing to consider a proposal to dispose of Lot 2 of 1 of 1 in Block 6 River Front Subdivision No. 3 to Berwanger Boiler Shop Inc., presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the 511 time set for the public hearing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz, Nays—None. RESOLUTION NO. 401.68 WHEREAS, pursuant to resolu. tion of published notice of time and place of hearing published in the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque. Iowa, on Aug- ust 22, 1968, and August 29, 1968, City Council of Dubuque, Iowa, met on the 16th day of September, 1968, at 7:30 o'clock P.M., (Central Daylight Saving Time) in the City Council Chamber, City Hall, Du. buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque to Lot 2 of Lot I of Lot l in Block 6 River Front Subdivision No. 3 in the City of Dubuque, Iowa, containing approx- imately % acre to Berwanger Boil- er Shop, Inc.; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Ber- wanger Boiler Shop, Inc. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Berwanger Boiler Shop, Inc., covering the following described real estate, to -wit: Lot 2 of Lot I of Lot 1 in Block 6 River Front Subdivision No. 3 in the City of Dubuque, Iowa, containing approximately ii acre. for the total purchase price of $5,274.20, be and the same is here- by approved, subject to the follow- ing terms and conditions, to -wit: A. That said parcel of real estate be sold to Berwanger Boiler Shop, Inc., of Dubuque, Iowa, 512 Adjourned Regular and Special Session, September 16, 1968 lia L F for the construction of a new plant thereon; That the sale of said real estate shall be at the rate of twenty cents ($.20) per square foot and receipt of a down payment of $460.00 is herewith acknowl- edged. That construction of said plant be started within one year of adoption and passage of this Resolution and shall be com- pleted within two years of date of adoption and passage of this Resolution, and upon failure so to do by the purchasers, said real estate shall revert to the City of Dubuque, Iowa, and pur- chase price less damages shall be refunded to the purchasers. That the construction of all building, buildings, yards, park- ing lots, fences shall be con- structed in conformance with existing City codes. That Berwanger Boiler Shop, Inc., shall erect and construct said improvement in conformi- ty with neighboring plants in relation to the customary set back procedures on the east side of Kerper Boulevard. That the City of Dubuque grant unto the purchaser a perpetual easement over a portion of the adjoining real estate abutting the property herein described for the purpose of egress and ingress by Berwanger Boiler Shop, Inc. G. That the City of Dubuque retain a perpetual easement for exist- ing water lines, existing sani- tary sewer and storm lines, and for utilities together with right of ingress and egress to repair, inspect and maintain the same. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Berwanger Boiler Shop, Inc., upon receipt of total purchase price in the amount of $5,274.20. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of. fice of the Dubuque County Re. corder. Passed. adopted and approved this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: I,co F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley. Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing on pendency reso- lution of necessity for construction of Altura Drive Storm Sewer Project 1968, presented and read. Mr. Keith Frommelt and Kermit Krackow, both residents of Altura Drive, questioned the location of the proposed sewer. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 402-68 WHEREAS, proposed plans and specifications and form of contract for the Altura Drive Storm Sewer Prol- ect—i 968 have been approved by the City Council of the City of Dubuque and public notice given as provid- ed by Chapter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 16th day of September, 1968; and Adjourned Regular and Special Session, September 16, 1965 WHEREAS, the City Council met. in special session this 16 day of September, 1968. at 7:30 o'clock P.M. D.S.T. at the Council Cham- bers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed pians, spe- cifications or contract for or cost of the improvement herein de• scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and ail objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans specifications. contract for or cost of said improvement herein de scribed and proposed to be made. be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are herebv adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 16 day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Courhman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution Sec• onded by Councilman Schultz. Car. ried by the following vote: Yeas—Mayor McCauley, Coun oilmen Couchman, Meyers, Preg ler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 36468 WHEREAS, proposed plans, spe cifications, form of contract, pla and schedule have been duly pre pared and approved by the Cit t y 513 Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. Altura Drive Storm Sewer Proi- ect-1968 BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the improve- ment they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment be paid out of the Municipal Improvements Fund 162J2J Con- tract Jobs and Programs. The above resolution was intro. duced, approved a n d ord-red placed on file with the City Clerk this 12th day of August, 1968, RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 16th day of September 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen .Attest: Leo F. Frommelt City Clerk Mayor McCauley moved final adoption of the resolution. S�,cond- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Coun• oilmen Couchman, Meyers, Preg• ler, Schultz. Nays—None. 514 Adjourned Regular and Special Session, September 16, 1968 (Ordering Construction) RESOLUTION NO. 403-68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 36468 which duly passed by this Council, for the Altura Drive Storm Sewer Proi- ect-1968 be and the same are hereby 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 with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for to the contractor out of Municipal Improvement Fund #162,12,1 Con- tract Jobs and Programs after the work has been completed and ac- cepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he i; hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be com- pleted on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 16 day September 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Cou-hman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg• ler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of Pendency of Resolution of Neces. sity upon proposed plans, specifi. cations, form of contract for con. struction of City of Dubuque Butterfield Road Extension Storm Sewer 1968, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re. ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas --Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays ­—None, Decision of Council upon obiections to plans, specifications, form of contract and cost of improvemen's RESOLUTION NO. 404-68 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque Butterfi - Id Road Extension 48" Storm Sew - *r, 1968 have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 16 day of Septem- ber, 1968; and WHEREAS, the City Council met in special session this 16 day of September, 1968, at 7:30 o'clock P.M. D.S.T. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested Parties and considering any and all objections which have been filed to the proposed plans, spe- cifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested par. ties have been given an oppor- tunity to be heard and all objec- tions w h i c h have been duly weighed a n d considered; now, therefore Adjourned Regular and Special Session, September 16, 1988 BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made. be and the same herebv overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost and improvement be made a matter of permanent rec- ord in connection with said im provement. Passed, adopted and approved this 16 day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor McCauley. Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays --None. (Necessity for Improvement) RESOLUTION NO. 367.68 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kinds of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different tyh of construction and kind of ma- terial to be used. City of Dubuque Butterfield Road Extension 48" Storm Sew- er 1968. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop - 515 erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the improve- ment they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid out of Municipal Improvements Fund #162J2J. The above resolution was intro- duced, approved a n d ordered placed on file with the City Clerk this 12th day of August, 1968. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the resolution. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. (Ordering Construction) RESOLUTION NO. 405.68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 367.68 which was duly passed by this Council, for the Butterfield Road Extension 48" Storm Sewer -1968 be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of 516 Adjourned Regular and Special Session, September 16, 1968 property owners. All the work shall be constructed in accordance with the plan, and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for to the contractor out of Municipal Improvements Fund #162J2.J as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im provements herein provided for in the manner provided by law, the said improvements shall be com- pleted on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 16 day September 1968, Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays --None. RESOLUTION NO. 406.68 Preliminary resolution for the construction of (type and place of improvement). City of Dubuque 1968 Asbury Road Water Main Project No. 1. Whereas, the City Council deems it necessary to institute proceed- ings for the construction of (na. ture of improvement with begin. ning and terminal points). City of Dubuque 1968 Asbury Road Water Main Project No. 1 —from the west property line of Lot 1 of Lot 1 of Asbury Park in Section 21, Dubuque Township, Dubuque, Iowa, to the westerly property line of Lot 2 of Lot 1 of Lot 1 of S.W. 1/4 of S.W. 1/4—Section 16 T89N. R. 2E. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: I. That the City Engineer is hereby instructed to prepare pre. liminary plans and specifications, an estimate of total cost, and a plat and schedule for said im. provement and place same on file with the City Clerk. 2. That the property to be ben. efitted by said improvement is (general description of all prop- erty in district). All real estate abutting on the above described portion of the above named street. 3. The estimate of total cost of said improvement herein ordered shall include an estimate of the cost of engineering, preliminary reports, property valuations, es. timates, plans, specifications, no- tices, legal services, acquisition of land, consequential damages or costs, easements, rights of way, construction, (repair) supervision, inspection, testing, notices of pub- lication, interest, and printing and sale of bonds. These proceedings are covered under Chapter 391-A of the Code of Iowa. 5. That said improvement is hereby designated (Short Title). City of Dubuque 1968 Asbury Road Water Main Project No. 1 and may be referred to by such title in all subsequent proceed- ings. Passed, adopted and approved this 16th day of September 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded Adjourned Regular and Special Session, September 16, 1968 by Councilman Couchman. Carried by the following vote: yeas -.-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. September 16, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached assessment schedule for the im- provement of the City of Dubuque 1968 Asbury Road Water 1lfain Project No. 1 showing description of each lot to be assessed, the names of the owners as shown by the City Auditor's roll, the valua- tion of each lot as set by the City Council and the amount proposed to be assessed against each lot. Submitted this 16th day of Sep- tember, 1968. John L. White City Engineer Councilman Pregler moved ap- proval of communication. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 407.68 Resolution determining valua. tions of each lot within the pro- posed assessment district for CITY OF DUBUQUE 1968 AS - BURY ROAD WATER MAIN PRO- JECT NO. 1 BE IT RESOLVED by the City Council of the City of Dubuque: 1. That the valuations set out in the foregoing list are hereby determined to be the present fair market value, with the proposed improvement completed, of each lot within the proposed assessment district for (Short Title) CITY OF DUBUQUE 1968 AS- 131JRY ROAD WATER MAIN PRO- JECT NO, 1 And the City Clerk is hereby directed to report the same to the City Engineer who shall show such valuations on the schedule hereto. fore ordered for said improvement. 517 Passed, adopted and approved this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 408.68 Preliminary Estimate and Ap- proval of plans, specifications, form of contract, and all other docu- ments for construction of City of Dubuque 1968 Asbury Road Water Main Project No. 1 from the west property line of Lot 1 of Lot 1 of Asbury Park in Section 21 Du- buque Township, Dubuque, Iowa, to the westerly property line of Lot 2 of Lot 1 of Lot 1 of SWV4 SW'.•a, Section 16, T. 89 N. R. 2E, at an estimated cost of $17,719.91, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 409.68 Resolution of necessity for con- struction of (Short Title) City of Dubuque 1968 Asbury Road Water Main Project No. 1 also setting time and place of hear- ing and prescribing notice for (Short Title) City of Dubuque 1968 Asbury Road Water Main Project No. 1 Whereas, proposed plans and specifications, plat and schedule have been duly prepared and ap. proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk 518 Adjourned Regular and Special Session, September 16, 1%. 8 showing, among other, things the following: a. An estimated total cost of the work. b. The amount proposed to be assessed against each lot for the improvement for the construction of (description of improvement) City of Dubuque 1968 Asbury Road Water Main Project No. 1 —from the west property line of Lot 1 of Lot 1 of Asbury Park in Section 21, Dubuque Town- ship, Dubuque, Iowa to the west- erly property line of Lot 2 of Lot 1 of Lot 1 of S.WJ/4 of S.W.'/4—Section 16 T89N. R.2E. Be It Therefore Resolved by the City Council of the City of Du- buque, Iowa: 1. That the City Council deems it advisable and necessary for the public welfare to make said im- provement. 2. Said improvement shall be constructed and done in accord- ance with said plans and specifi. cations and a portion of the total cost of making said improvement shall be assessed against all pri- vately owned property lying with- in the assessment district shown on such plat in an amount not to exceed the amount provided by law and in proportion to the spe- cial benefits conferred thereby and the remainder of the total cost shall be paid out of the Water Works Depreciation fund. 3. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con. tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. 4. On the 12th day of October, 1968 at 7:30 P.M., the City Coun- cil will meet in the City Council chambers in the City Hall, in the City of Dubuque, Iowa and hear property owners subject to the as. sessment and interested parties for and against the improvement, its cost, the assessment thereof, or the boundaries of the district. 5. The City Clerk is hereby au- thorized and directed to cause pub. lic notice of the date, time and Place of hearing to be given by Publication once each week for two consecutive weeks the first of which publications shall be not less than fifteen nor more than twenty five days prior to said hear. ing and by mailing a copy of said notice by certified mail to the owners of said property to be as. sessed, as shown by the records in the office of the County Auditor on or before the first publication of the notice. Approved on first reading this 16th day of September, 1968. Sylvester McCaulev Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 41068 WHEREAS National Distillers and Chemical Corporation has de- livered a Warranty Deed convey- ing to the City of Dubuque, Iowa the following described real es- tate: Lot 1 of subdivision of Lot 2 of Lot 1 of the Northwest Frac- tional Quarter of the Northeast Quarter of Section 6, Township 88 North, Range 3 East of the Fifth Principal Meridian situ- ated in Mosalem Township, Du- buque County, Iowa, embracing an area of 7.503 acres more or less; and Lot 2 of the subdivision of Lot 1 of the Northeast Fractional Quarter of the Northwest Quar- ter of Section 6, Township 88 North, Range 3 Fast of the Fifth Principal Meridian situated in M o s a l e m Township, Dubuque County, Iowa, embracing an area of 12.497 acres more or less. which deed is dated September 9, 1968; and WHEREAS City Council of the City of Dubuque, Iowa, deems it Adjourned Regular 519 and Special Session, September 16, 1968 in the best public interest to ac- cept delivery of said deed. NOW THEREFORE BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of Warranty Deed by National Distil- lers and Chemical Corporation, dated September 9, 1968, to City of Dubuque. Iowa, conveying the above described real estate be and the same is hereby accepted and payment therefor in the sum of $19,950.00 is herewith approved. Section 2. That the City Clerk be and he is hereby authorized and directed to file in the office of the County Recorder in and for Dubuque County, Iowa, the War- ranty Deed hereinabove referred to. Passed, approved and adopted this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Fmmmelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote. Yeas—Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 411.68 WHEREAS on the 10th day of September, 1968, a Sewer Service Agreement was entered into by and between the City of Dubuque, Iowa, and the Dubuque Packing Company and which Agreement was executed on behalf of the City of Dubuque by its City Manager, Gilbert D. Chavenelle, and attested thereto by its City Clerk, Leo F. Frommelt; and WHEREAS the City Council of the City of Dubuque, Iowa, has examined said Sewer Service Agreement dated September 10, 1988, a true copy of which is at- tached hereto and by reference made a part hereof. NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Sewer Ser- vice Agreement bearing the date of September 10, 1968, by and be- tween the City of Dubuque. Iowa, and the Dubuque Packing Com- pany be and the same is hereby approved, ratified and confirmed. Section 2. That the execution of said Sewer Service Agreement hearing date of September 10, 1968, by the City Manager, Gilbert D. Chavenelle, and attested there- to by the City Clerk, Leo F. From - melt, for and on behalf of the City of Dubuque, Iowa, be and the same is hereby approved, ratified and confirmed. Passed, approved and adopted this 16th day of September, 1968. Svivester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: I,eo F. Frommelt City Clerk Councilman Schultz move adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 41268 WHEREAS ROMAC, INC., and THE KENNEDY MALL, INC., have delivered a Quit Claim Deed to the City of Dubuque, Iowa, cover- ing the following described real estate: I,ot 2 of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm and Easement A in Sections 27 and 28 in Dubuque Township in the City of Dubuque, Dubuque Coun- ty, Iowa, according to the re- corded plat thereof. which deed is dated November 10, 1967; and WHEREAS Key City Investment Company has delivered a Quit Claim Deed to City of Dubuque 520 Adjourned Regular and Special Session, September 16, 1968 conveying the following described real estate: Lot 2 of Lot 1 of Lot l of Lot 2 of Lot 1 of Lot I of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa; and Lot 1 of Subdivision of I.ot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sec- tions 27 and 28, Dubuque Town- ship, Dubuque County, Iowa, now in the City of Dubuque, Iowa. which deed is dated February 29, 1968; and WHEREAS City Council of the City of Dubuque, Iowa, deems it in the best public interest to ac- cept delivery of said respective deeds. NOW THEREFORE BE IT RF SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of deed from ROMAC, INC. and the KENNEDY MALI., INC., dated November 10, 1967, conveying to City of Dubuque the property re- lated thereto described in the pre- amble hereof be and the same is hereby accepted. Section 2. That delivery of deed by the Key City Investment Com- pany to City of Dubuque, Iowa, dated February 29, 1968, convey- ing the related portions of real estate described in the preamble hereof be and the same is hereby accepted. Section 3. That the City Clerk be and he is hereby authorized and directed to file in the office of the County Recorder in and for Dubuque County, Iowa, the respec- tive Quit Claim Deeds hereinabove referred to. Passed, approved and adopted this 16th day of September, 1968. Sylvestor McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Councilmen Leo F. Frommelt City Clerk Councilman P r e g l e r moved adoption of the resolution. See- onded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun. cilmen Couchman, Meyers, Pre$. ler, Schultz. Nays—None. RESOLUTION NO. 413.68 Preliminary Estimate and ap. proval of plans, specifications, form of contract, and all other documents for construction of Waste Water Treatment Facilities, Terminal street force Main, Cat. fish Creek Lift Station, including Couler Valley Collector sewer and Cedar Street Lift Station, at an estimated cost of $6,430,750.00. presented and read. Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays—None. RESOLUTION NO. 414.68 Resolution providing for Notice of Hearing on Proposed Plans, Specifications, and Form of Con- tract for the erection and con- struction of waste water treat- ment facilities, Terminal Street force main, and Catfish Creek Lift Station, including Couler Valley collector sewer and Ced- ar Street lift station, for the City of Dubuque, Iowa. WHEREAS the City of Dubuque, Iowa, proposes to erect and con- struct Facilities for the Treatment of Waste Water, Terminal Street Force Main, and Catfish Creek Lift Station, for the City of Dubuque. Iowa; and WHEREAS the City of Dubuque, Iowa has caused plans and spec- ifications to be prepared for the construction of Waste Water Treat- ment Facilities, Terminal Street Force Main and Catfish Creek Lift Station, for the City of Dubuque. Iowa, which plans and specifica. tions have been prepared by Hen- ningson, Durham & Richardson, Inc. and Cullen-Schiltz & Associ- ates, Engineers, and which plans and specifications are dated Julv 1, 1968; and the total estimated cost thereof is in the amount of $6,430,750.00: and Adjourned Regular and Special Session, September 16, 1968 WHEREAS it is necessary to fix a time and place of hearing on said proposed plans, specifications and form of contract, and to give notice thereof. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That the plans, speci- fications, and form of contract re- ferred to in the preamble hereof be and the same are hereby adopt- ed subject to notice of hearing hereinafter provided and the 30th day of September, 1968. at 7:30 o'clock P.M., (Daylight Savings Time), at the Council Chamber in the City Hall in the City of Du- buque, Iowa, is hereby fixed as the time and place of hearing on said proposed plans, specifications, and form of contract for the con- struction of Waste Water Treat. ment Facilities, Terminal Street Force Main and Catfish Creek Lift Station, including Couler Valley Collector Sewer and Cedar Street Lift Station, for the City of Du- buque, Iowa. Section 2. That the City Clerk is hereby authorized and directed to give notice of hearing on said pro- posed plans, specifications, and form of contract by publication of such notice at least once, not less than ten days prior to date fixed for said hearing in "The Tele- graph -herald," a newspaper pub- lished in the City of Dubuque and having a general circulation in said City. Said notice shall be sub- stantially in the following form: Notice of public hearing on pro- posed plans, specifications, and proposed form of contract cov- ering the erection and construc- tion of Waste Water Treatment Facilities, Terminal Street Force Main and Catfish Creek Lift Sta- tion, for the City of Dubuque, Iowa. PUBLIC NOTICE is hereby giv- en that the City Council of the City of Dubuque, Iowa, will meet on the 30th day of September, 1968, at the Council Chamber in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M., Central Daylight Savings Time for the purpose of conducting a Public Bearing on the proposed plans, 521 specifications, and form of con- tract for the erection and con. struction of Waste Water Treat- ment Facilities, Terminal Street Force Main and Catfish Creek Lift Station. for the City of Du- buque, Iowa. The proposed plans, specifications and form of con- tract have been prepared by Henningson. Durham & Richard- son, Inc. and Cullen-Schiltz & Associates. Engineers, and are now on file in the office of the City Clerk in the City Hall, Du- buque, Iowa. The Project consists generally of: I. Erection and construction of Waste Water Treatment Fa- cilities; 2. Erection and con- struction of Terminal Street Force Main; 3. Erection and con- struction of Catfish Creek Lift Station including Couler Valley Collector Sewer and Cedar Street Lift Station. The total estimated cost thereof is in the amount of $6,430,750.00. At such hearing, any interested person may ap- pear and file objections to the proposed plans, specifications and form of contract or the cost of such improvements. By order of the City Council dated Sep- tember 16. 1968, Leo F. From. melt. City Clerk. Section 3. That all resolutions, or parts thereof in conflict here- with be and the same are hereby repealed and this resolution shall be effective forthwith upon pas. sage and approval. Passed, adopted and approved this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas __ Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays—None. 522 Adjourned Regular and Special Session, September 16, 1968 RESOLUTION NO. 415.68 WHEREAS agrement has been entered into between the City of Dubuque, Dubuque County and the Iowa State Highway Commission, called "Dubuque Urban Area Transportation Committee" or "Transportation Committee" and the Dubuque County Metropolitan Area Planning Commission; and WHEREAS said agreement pro- vides for the establishment of a committee for overall control of the conduct of a Dubuque urban area transportation study pursuant to the Federal -Aid Highway Act. of 1962. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the agreement referred to in the preamble hereof a copy of which is described as "Agreement for Technical Assist- ance," marked exhibit A, attached hereto and by reference made a part hereof be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of September, 1968. Sylvester McCauley Mayor Walter A.Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman City Council 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 McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 416-68 Preliminary Estimate and ap- proval of plans, specifications, form of contract, for construction of the Iowa Street Parking Ramp and Appurtenances at an estimated cost of $951,500.00, presented and read. Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION NO. 417.68 Resolution providing for a No. tic* of Hearing on proposed plans, specifications and form of contract for consructing a parking garage in and for the City of Dubuque, Iowa. WHEREAS the City of Dubuque in Dubuque County, Iowa, has heretofore established and is now operating a system of public motor vehicle parking facilities in said City consisting of both on street parking meters and off-street park- ing lots; and WHEREAS the location and physical characteristics of the busi- ness area together with the in- creased use by the public of motor vehicles, has resulted in serious traffic congestion in the business sections of said City; and WHEREAS the City Council finds and determines that public convenience and necessity will be served by adding to, extending and improving said system of public motor vehicle parking facilities as contemplated by the "Letter Re- port to the City Council and City Manager of Dubuque, Iowa, on the Proposed Iowa Street Parking Ga- rage," dated the 30th clay of Aug- ust, 1968, prepared by DeLeuw, Cather & Company, Engineers, now on file with the City Clerk, recom- mending the construction of a multi level reinforced concrete motor vehicle parking structure with a proposed area of approxi- mately 123,000 square feet in the area bounded by the East by Iowa Street, bounded on the North by Eighth Street, bounded on the South by Sixth Street and bounded on the West by the alley lying be- tween Main Street and Iowa Street in the City of Dubuque, Iowa; and WHEREAS the cost of acquiring said additional motor vehicle park- ing facilities has been estimated to be $951,500.00 and proposed plans, specifications and form of contract for said Iowa Street Park- ing Garage have been prepared by Adjourned Regular and Special Session, September 16, 1968 ------------ DeLcuw, Cather & Company, En. gineers, and are now on file with the City Clerk; and WHEREAS it is necessary to fix a time and place of hearing; on said proposed plans, specifications and form of contract and to give no- tice thereof. NOW THEREFORE be it and it is hereby resolved by the City Council of City of Dubuque, Iowa, as follows: Section 1. That the plans, speci- fications, and form of contract re ferrel to in the preamble hereof be and the same are hereby adop- ted subject to the notice of hear- ing hereinafter provided and the 301h day of September, 1968, at 7:30 o'clock P.M., Daylight Savin;s Time, at the Council Chamber in the City hall in the City of Du- buque, Iowa, is hereby fixed as the time and place of hearing on said proposed plans, specifications, and form of contract for constructino- the Iowa Street Parking Garage. Section 2. That the City Clerk is hereby authorized and directed to give notice of the hearing on said proposed plans, specifications and form of contract by publication of such notice at least once, not less than ten days prior to date fixed for said hearing in "The Telegraph -Herald," a newspaper published in the City of Dubuque, Iowa, and having a general circula- tion in said City. Said notice shall be in substantially the following form: Notice of Public Hearing on Proposed Plans, Specifications, and Proposed Form of Contrast covering the construction of the Iowa Street Parking Garage in and for the City of Dubuque, Iowa. PUBLIC NOTICE: is hereby given that the City Council of the City of Dubuque, Iowa, will meet on the 30th day of Sep- tember, 1968, at the Council Chamber in the City Hall, Du buque, Iowa, at 7:30 o'clock P.M., Central Daylight Savings Time, for the purpose of conducting a Public Hearing on the proposed plans, specifications, and pro- posed form of contract for the construction of the Iowa Street 523 Parking Garage to be located in the area bounded by Iowa Street on the East, by Eighth Street on the North, by Sixth Street on the South, and on the West by the alley lying between Iowa Street and Main Street in the City of Dubuque, Iowa. The proposed plans, specifications and form of contract have been prepared by DeLeuw, Cather & Company, Engineers, and are now on file in the office of the City Clerk in the City Hall, Du- buque, Iowa. The Project consists generally of the construction of a multi level reinforced concrete motor vehicle parking structure with a floor area of approximately 123,- 000 square feet, together with accessories and appurtenances, including sidewalks, curb, street drainage and lighting improve- ments. As such hearing, any interest- ed persons may appear and file objections to the proposed plans, specifications, and form of con- tract or to the cost of such im- provements. By order of the City Council, dated 16th day of September, 1968. Leo F. Frommelt, City Clerk. Section 3. That all resolutions, or parts thereof in conflict here- with be and the same are hereby repealed and this resolution shall he effective forthwith upon its pas. sage and approval. Passed, adopted and approved this 16th day of September, A.D. 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frotnmelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas—Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. 524 Adjourned Regular and Special Session, September 16, 1968 RESOLUTION NO. 41868 Resolution providing for the issuance of $83,000 Flood Protec- tion Bonds of the City of Du- buque, Iowa. WHEREAS the City of Dubuque, Iowa, has heretofore incurred ex- penses exceeding $83,000 in com- bating a flood caused by the over- flowing of the Mississippi River within said City and there are no funds available to pay said ex- penses, to the amount of $83,000; and WHEREAS in order to pay said expenses, to the amount of $83,000 it is necessary that provisions be made at this time for the issuance of bonds of said City in the princi- pal amount of $83,000 payable from taxes levied upon all the taxable property in said City as author- ized and permitted by Chapter 333 of the Laws of the Sixty-second General Assembly of the State of Iowa; and WHEREAS notice of a meeting for the initiation of proceedings for the issuance of said bonds has heretofore been given in the man- ner and form required by Chap- ters 23 408A of the Code of Iowa and no petition or protest against the issuance of said bonds has been filed responsive to Section 23.13 of the Code of Iowa and no petition has been filed requesting that the proposition of issuing said bonds be submitted at an election; NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That pursuant to and as authorized by Chapter 333 of the Laws of the Sixty-second Gen- eral Assembly of the State of Iowa, and for the purpose of paying ex- penses, to the amount of $83,000, incurred by the City of Dubuque, Iowa, in combating a flood caused by the overflowing of the Missis. sippi River in said City, as referred to in the preamble hereof, there shall be and there is hereby or- dered issued the negotiable Flood Protection Bonds of said City of Dubuque in the principal amount of $83,000, said bonds to be eighty- three (83) in number, numbered consecutively from 1 to 83, both numbers included, of the denom- ination of $1000 each, to be dated September 1, 1968, and to mature in numerical order $23,000 on De- cember 1, 1972, and $30,000 on December 1 of each of the years 1973 and 1974. All of the bonds of said issue shall bear interest at the rate of Three and thre-quarters per cent (3 k' %) per annum, such interest being payable June 1, 1969, and semiannually thereafter on the first days of December and June of each year. Said bonds shall be signed by the Mayor and attested by the City Clerk, and the seal of said City affixed, and be registered as to issuance by the City Treas- urer and a certificate of such reg- istration endorsed thereon. Inter- est on said bonds shall be evi- denced by coupons thereto at- tached and maturing on the several days when such interest matures, which coupons shall be executed with the facsimile signatures of said Mayor and City Clerk, and said officials, by the execution of said bonds, shall adopt as and for their proper signatures their re- spective facsimile signatures ap- pearing on said coupons. Both principal and interest of said bonds shall be payable in lawful money of the United States of America, at the office of the City Treasurer in and of the City of Dubuque, Iowa. Section 2. That each of said bonds be subject to registration as to principal only in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so registered, and after such registra- tion payment of the principal thereof shall be made only to the registered holder. Any bonds so registered, upon the request in writing of such holder, personally or by attorney-in-fact, may be transferred either to a designated transferee or to bearer, and the principal of any bonds so trans- ferred and registered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bond as to principal shall not re- strain the negotiability of the coupons thereto attached by de- livery merely. Adjourned Regular and Special Session, September 16, 196S s*ction 3. That said bonds, cou- pons and provisions for registra- tion be substantially the fohowing form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE FLOOD PROTECTION BOND No ............. $1000 KNOW ALL MEN BY THESE PRESENTS: That the City of Du- buque, in the County of Dubuque and State of Iowa, for value re- ceived, promises to pay to bearer, or if this bond be registered as to principal, to the registered holder hereof, the sum of One Thousand Dollars ($1000) on the first day of December, 19......, with interest on said sum from the date hereof until paid at the rate of Three and Three-quarters per cent (3-�4, ) per annum, payable June 1, 1969, and semiannually thereafter on the first days of December and June in each year, interest to maturity being payable on presentation and surrender of the interest coupons hereto attached as they severally mature. Both principal and inter- est of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is one of an author- ized series of bonds issued by the City of Dubuque pursuant to and in strict compliance with the pro- visions of Chapters 76 and 395 of the Code of Iowa, 1966, and all laws amendatory thereof and sup- plementary thereto, and in con- formity with a resolution of the City Council of said City duly passed, approved and recorded for the purpose of paying; expenses incurred in combating a flood in said City. This bond is subject to registra• tion as to principal in the name of the holder on the books of the City Tresaurer of said City, such registration to be evidenced bN notation of said Tresaurer on the back hereof, and after such regis- tration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration here - 525 A shall not affect the negotiability A the coupons hereto attached, which shall continue negotiable by delivery merely. And it i,, hereby certified and recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed prece. dent to and in the issue of this bond, were and have been proper- ly existent, had, done and per- formed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and per- sonal property of said City are ir- revocably pledged for the prompt payment hereof, both principal and interest; and that the total indebt- edness of said City, including this bond, does not exceed any consti- tutional or statutory limitations. IN TESTIMONY WHEREOF, said City, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto at- tached to be executed with the facsimile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper sig- natures their respective facsimile signatures appearing on said cou- pons, all the first day of Septem- ber, 1968. .......................................................... Mayor of the City of Dubuque, Iowa. Attest: . ................. . .................... City Clerk of the City of Dubuque, Iowa (Form of Coupon) No................ $ ................ On................................9 19......, the Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay ito bearer .............................................. Dollars ($. ............................. ) at the office of the City Treasurer, Du 526 Adjourned Regular and Special Session, September 16, 1968 buque, Iowa, for interest due that date on its Flood Protection Bond, dated September 1, 1968. No............ .................................................... Mayor Attest: ..................................................... City Clerk (Form for Registration of Ownership) Date of Registration ............................................. am Registered Owner ................................. I....................... Signature of City Treasurer On the back of each bond tbere shall be endorsed a certificate of the City Treasurer in the follow- ing form: City Treasurer's Certificate The issue of this bond has been duly and properly regis- tered in my office as of the first day of September, 1968. ............................................... Treasurer of the City of Dubuque, Iowa. Section 4. That said bonds be executed as herein provided as soon after the adoption of this resolution as may be and there- upon they shall be delivered to the Treasurer of said City, who shall register the fact of the issu. ance of same in a book provided for that purpose and shall deliver said bonds to the purchasers as determined by this Council, upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon. All action here- tofore taken in connection with the sale and award of said bonds is hereby ratified and confirmed in all respects. Section S. That. as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby ordered levied upon all of the taxable property in said City a direct annual tax for each of the years while said bonds or any of them are outstanding in amounts sufficient for that pur- pose, and that there be and there is hereby levied on all the taxable property in said City the follow- ing direct annual tax, to -wit: For the year 1968 a tax suf- ficient to produce the sum of $3,891 for principal and in- terest; For the year 1969 a tax suf- ficient to produce the sum of $3,113 for principal and in- terest; For the year 1970 a tax suf- ficient to produce the sum of $3,113 for principal and in- terest; For the year 1971 a tax suf- ficient to produce the sum of $26,113 for principal and in- terest; For the year 1972 a tax suf- ficient to produce the sum of $32,250 for principal and in- terest; For the year 1973 a tax suf- ficient to produce the sum of $31,125 for principal and in- terest. That all action heretofore taken for the levy of the taxes herein- before provided to be levied in the year 1968 for collection in 1969 is hereby ratified and con- firmed. That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be promptly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums thus advanced when the Adjourned Regular and Special Session, September 16, Y,68 taxes herein provided shall have been collected. Section 6. That a certified copy of this resolution be filed with the County Auditor of Dubuque County and that said Auditor be and he is hereby instructed in and for each of the years 1468 to 1973, inclusive, to enter for col- lection and assess the tax hereby authorized. When annually enter- ing said taxes for collection, the County Auditor shall include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the proceeds of said taxes shall be converted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the pay- ment of the principal of and in- teree on the bonds hereby author- ized and for no other purpose whatsoever. Section 7. That all resolutions or parts thereof in conflict here with be and the same are hereby repealed, and that this resolution become effective immediately up- on its passage and approval. Passed and approved September 16, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded September 16, 1968. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas ---Mayor McCauley, Corin- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays ---None. RESOLUTION NO. 419.64 A RESOLUTION providing for the issuance of $490,000 Airport Bonds and providing for the levy of taxes to pay the same. WHEREAS the City of Dubuque Iowa, has heretofore establishec a municipal airport pursuant to the law as now contained in Chap ter 330 of the Code of Iowa, 1966 and said airport is now owned b) said City under the managemen, and control of its Airport Com. mission; and WHEREAS under the provisions 1f Section 330.16 of the Code of Iowa, 1966, the City of Dubuque, Iowa, is authorized to issue its airport bonds for the purpose of improving said airport and in ac- mrdance with the request of the Airport Commission and as ordered by this City Council, notite of a meeting of the City Council for the purpose of instituting proceed- ings and taking action for the issuance of $490,000 Airport Bonds of said City to pay the cost of improving said airport has hereto- fore been given in the manner, time and form as required by law; and WHEREAS no petitions or ob- jections have been filed or made protesting the issuance of said bonds and no petition has been filed with the City Clerk under the provisions of either Section 330.16 or Section 408A2 of the Code of Iowa, 1966, asking that the question of issuing said bonds be submitted to the voters of said City-, NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows•. Section 1. That pursuant to and as authorized by Section 330.16 of the Code of Iowa, 1966, there shall be and there is hereby ordered issued the negotiable Airport Bonds of said City of Dubuque in the principal amount of $190,- 000, said bonds to be ninety-eight (.98) in number, numbered consec- utively from 1 to 98, inclusive, of the denomination of $5000 each, and dated September 1, 1968; that the bonds of said issue numbered 1 to 48, inclusive, shall bear in- terest at the rate of Three and one-half per cent (3%'Yc) per an. num from the date of said bonds until paid, and bonds numbered 49 to 9$, inclusive, shall bear in. terest at the rate of Three and eighty -hundredths per cent (3.80%) per annum from the date of said bonds until paid, all of such inter- est being payable June 1, 1969, and semiannually thereafter on the first days of December and ,lune in each year; that said bonds be signed by the Mayor and at- tested by the City Clerk and the 528 .Adjourned Regular and Special Session, September 16, 1068 seal of said City affixed, and be registered as to issuance by the City Treasurer and a certificate of such registration endorsed there- on; that interest of said bonds be evidenced by coupons thereto at- tached and maturing on the several days when such interest matures, which coupons shall be executed with the facsimile signatures of said officials, and said Mayor and City Clerk, by the execution of said bonds, shall adopt as and for their proper signatures their re- spective facsimile signatures ap- pearing on said coupons; that both principal and interest be payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa; and that said bonds become due and pay- able in their numerical order: $40,000 on December 1, 1969, and $50,000 on December 1 of each of the years 1970 to 1978, inclusive. Section 2. That each of said bonds be subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so regis- tered, and after such registration payment of the principal thereof shall be made only to the regis- tered holder. Any bond so regis- tered, upon the request in writing of such holder personally or by attorney-in-fact, may be transferred either to a designated transferee or to bearer, and the principal of any bond so transferred and reg- istered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Regis- tration of any bonds as to princi- pal shall not restrain the negotia- bility of the coupons thereto at- tached by delivery merely. Section 3. That said bonds, cou- pons and provisions for registra- tion be in substantially the follow- ing form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE AIRPORT BOND No . ............ $5000 KNOW ALL MEN BY THESE PRESENTS: That the City of Du- buque, in the County of Dubuque and State of Iowa, for value re- ceived, promises to pay to bearer, or if this bond be registered as to principal, to the registered hold- er hereof, the sum of Five Thou. sand Dollars ($5000) on the first day of December, 19........, with in. terest on said sum from the date hereof until paid at the rate of .............................................. per cent (........%) per annum, payable June 1, 1969, and semiannually there. after on the first days of Decem. ber and June in each year, such interest as may accrue on and prior to the maturity hereof to be payable only on presentation and surrender of the interest cou• pons hereto attached as they sev- erally mature. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is one of an author- ized series of bonds numbered from 1 to 98, inclusive, issued by the City of Dubuque pursuant to and in strict compliance with the provisions of Section 330.16 and Chapter 76 of the Code of Iowa. 1966, and all laws amendatory thereof and supplementary there- to, and in conformity with a res- olution of thkj City Council of said City duly passed, approved and recorded, for the purpose of im- proving the Municipal Airport in and for said City. And it is hereby certified and recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed precedent to and in the issue of this bond, were and have been properly existent, had, done and performed in reg- ular and due form and time; that provision has been made for the levy of a sufficient continuing an- nual tax on all the taxable prop- erty within said City for the pay- ment of the principal and interest of this bond as the same will re. spectively become due; that the faith, credit, revenues and resourc- es and all the real and personal property of said City are irrevoc- ably pledged for the prompt pay- ment hereof, both principal and interest; and that the total indebtt- and edness of said City, including this bond, does not exceed any consti- tutional or statutory limitations. This bond is subject to registra- tion as to principal in the name of the holder on the books of the City Treasurer of said City, such registration to be evidenced by notation of said Treasurer on the back hereof, and after such reg- istration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said City, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed and the coupons hereto attached to be executed with the facsimile signa- tures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper signatures their re- spective facsimile signatures ap- pearing on said coupons, all the first day of September, 1968. Adjourned Regular Special Session, September 16, 19% .......................................................... Mayor of the City of Dubuque, Iowa Attest: ............................................. City Clerk of the City of Dubu lue, Iowa (Form of Coupon) No................. 3............ On............................... 19........, the Treasurer of the City of Dubuque, in Dubuque, Iowa, will pay to bearer .................................... Dollars ($. . ............... ) at the office of the City Treasurer, Dubuque, Iowa, for interest clue that date on its Air• Air - Port Bond, dated September 1, 1968, No .................. .......................................................... Attest: Mayor .................................................. City Clerk (Form for Registration of Ownership) Date of Registration 5°9 ....................................... ..... Name of Registered Owner ........................................................ Signature of City Treasurer On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: City Treasurer's Certificate The issue of this bond has been duly and properly regis- tered in my office as of the first day of September, 1968. .................................................. Treasurer of the City of Dubuque, Iowa. Section 4. That said bonds be executed as herein provided as soon after the adoption of this resolution as may be and there- upon they shall be delivered to the Treasurer of said City, who shall register the fact of the is- suance of same in a book provided for that purpose and shall deliver said bonds to the purchaser, as determined by this Council, upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon. All action and proceedings heretofore taken in connection with the sale and award of said bonds are hereby ratified and confirmed in all re- spects. Section S. That as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a 530 Adjourned Regular and Special Session, September 16, 1968 direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and dis- charge the principal thereof at maturity, there be and there is hereby ordered levied on all the taxable property in said City in each of the years while said bonds or any of them are outstanding, a tax sufficient for that purpose, and in furtherance of this provi- sion, but not in limitation thereof, there be and there is hereby lev- ied on all the taxable property in said City the following direct annual tax, to -wit: For the year 1968 a tax suf- ficient to produce the sum of $62,375 for principal and in- terest; For the year 1969 a tax suf- ficient to produce the sum of $66,500 for principal and in- terest; For the year 1970 a tax suf- ficient to produce the sum of $64,750 for principal and in- terest; For the year 1971 a tax suf- ficient to produce the sum of $63,000 for principal and in- terest; For the year 1972 a tax suf- ficient to produce the sum of $61,250 for principal and in- terest; For the year 1973 a tax suf- ficient to produce the sum of $59,500 for principal and in- terest; For the year 1974 a tax suf. ficient to produce the sum of $57,600 for principal and in- terest; For the year 1975 a tax suf- ficient to produce the sum of $55,700 for principal and in- terest; For the year 1976 a tax suf- ficient to produce the sum of $53,800 for principal and in- terest; For the year 1977 a tax suf- ficient to produce the sum of $51,900 for principal and in- terest. All action heretofore taken for the levy of the taxes hereinbefore provided to be levied in the year 1968 for collection in 1969 is here- by ratified and confirmed in all respects. That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be promptly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums thus advanced when the taxes herein provided shall have been collected. Section 6. That a certified copy of this resolution be filed with the County Auditor of Dubuque Coun- ty and that said Auditor be and he is hereby instructed in and for each of the years 1968 to 1977, inclusive, to enter for collection and assess the tax hereby author- ized. When annually entering said taxes for collection, the County Auditor shall include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the proceeds of said taxes shall be converted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the payment of prin- cipal and interest of the bonds hereby authorized and for n,) other purpose whatsoever. Section 7. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed to the extent of such conflict. Passed and approved September 16, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded September 16, 1968. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays—None. RESOLUTION confirming action taken by the City Council in connection with the issuance and sale of $490,000 Airport Bonds. WHEREAS the City of Dubuque, Iowa, has heretofore established L