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Y Roll_35 Part 10lgg Regular Session, April 7, 1969 ington Street area residents by stating that the area be put back into the orignal plan. Rev. Sig- warth, Hank Waltz, Lester Hartley, Felix Uelner, Joseph Thurston all spoke for and against the rezoning plan. A f t e r considerahle discussion from the floor Mayor Pregler moved that debate on the matter be closed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman, Mayor Pregler moved that the proposed rezoning area be from the north side of 14th Street to between 19th and 20th alley, be- tween Central and White, to the west side of Elm Street, and re- ferred for proper proceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman, Communication of Iowa Civil Rights Commission extending con- gratulations to the Council for adoption of the Heiman Rights Ordinance, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Communication of Alfred E. Hughes, attorney, addressed to the Director of Urban Renewal rela- tive to the possible purchase of real estate in the Urban Renewal area approximately 200, of front- age on Iowa Street south of 8th Street., presented and read. Coun. cilman Meyers moved that the communication be referred to the Urban Renewal Director for inves• tigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Attorney Alfred E. Hughes ad. dressed the Council by stating that some definite action should be taken relative to his proposal to acquire real estate in the Urban Renewal area. Notice of Suit of Ida E. Jacob. son, in the amount of $15,000 for personal injuries received in a fall on an ice covered sidewalk at the south side of Eleventh S t r e e t owned by Adams Realty Corpora- tion on January 8, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council. men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Notice of Subrogation interest and lien from General Adjustment Bureau Inc. by various insurance companies, in the amount of $133,- 000 as subrogee of Rainbo Oil Co. claiming a lien on any proceeds that may be paid on the claims, presented and read. Mayor Pregler moved that the notice be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Notice of Subrogation rights of Transamerica Insurance Group in the amount of $50,000 for insur- ance coverage on the Rainbo Oil Company building destroyed by fire on February 8, 1969, presented and read. Mayor Pregler moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider proposal to rezone certain described prop- erty in "Powers Place" from Single Family to Multiple Family Resi- Regular Session, April 7, 1960 139 dence District Classification, pre- sented and read. No written objections were filed and no oral objectors were present at the time set for the public hearing. Councilman Meyers moved that the proof of Publication be re- ceived and filed. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. ORDINANCE NO. 12-69 An Ordinance amending and changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, so as to change certain property hereinafter de- scribed from "Single Family Res- idence District" classification to "Multiple Family Residence Dis- trict" classification, (Powers Place) said ordinance having been previously presented and read at the Council meeting of March 3, 1969, presented for final adoption. ORDINANCE No. 12.69 An Ordinance amending and changing Ordinance No. 3-3/ known as the Zoning Map and Zoning Ordinance of the City of Dubuque. Iowa so as to charge certain property hereinafter described from "Single Family Resi- dence District" Classification to 'Mul- tipe Family Residence 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 "Singe Family Residence District" Classification to ,mu,tiple Fam. IN Residence District" Classification, the fo11owing described real estate, to -wit: Commencing at the West One-Cpuarter Corner o1 Section 22, being the point of beginning, Township 89 North, Range 2 East of 5th Prncipal Meridi- an, being ;n Dubuque Township. Du- buque County, Iowa, now in the City of Dubuque, Iowa, (also being on the centerline of John F. Kennedy Road), thence South Wong the west section line o1 said Section 22 a dis- tance of 1,341.55 feet + thence South 891 27' East a distance of 141.26 feet, thence South 69" 56' East a dis- tance of 345.41 feet to the West Street Line of Tyler Road, thence North on the propoted West Street Line of Tyler Road a distance of 600 feet, thence North 12° 00' West on the said Proposed West Street Line of Tyler Roed a distance of 128 feet + 10 the centerline o1 proposed HiAcrest Roed and a oro a 350 foot radius curve concave Northerly thence North a Ong a line Pal to and 260 feet + easterly from the centerllre of John F. Kennedy Road and In line with east line of the said Lot I of Lot 1 of "Powers Place" a distance of 1615 feet + to the northerly line Of Lot 2 of Lot 1 of said "Powers Place" extended easterly, thence West 50 feet +- along the said northerly line 10 the. easterly line of Lot 2 of Lot I of said "Powers Place," thence South along the east line of said Lot 2 of Lot 1 of "Powers Place," 168 feet, thence West 230 feet along the south Hne of said Lot 2 of Lot I of said t"Powers Place" to the centerline of he John F. Kennedy Road, thence South 640 feet + 10 the point of be- ginning. Passed, approved and adopted this 71h day of April, 1%9. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schutt: Donald R. Meyers Councilmen ATTLST: Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 10th day of April 1%9. Leo F. Frommelt City Clerk. It. 4-10 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider pro- posal to rezone certain described property in "Powers Place" from Single Family Residence District Classification to Local Business District "A" Classification 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 fol- by Mayor Pregler. Carried by lowing vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. ORDINANCE NO. 13*69 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa so as to change certain property hereinafter de* scribed from "Single Family Res- idence District" classification to "Local Business "A" District" lace) classification, (P O w e r s Place) said Ordinance having previously presented o andread ch 3, l the Council meeting 11969, presented for final adoption. 140 Regular Session, April 7, 19f'ci,l ORDINANCE No. 1169 Schultz. Carried by the following An Ordinance amending and changing vote: Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of Yeas—Mayor Pregler, Council. the City of Dubuque, Iowa so as 10 change certain Property hereinafter men Meyers, McCauley, Schultz. described from -Single Family Rest- "Lo- Nays --None. y dente District" Classification to cal Business "All District" Classi- Absent—Councilman Couchman. fication. Now therefore be It ordained by the ORDINANCE NO. 14-69 City council of the City of Dubuouc, An Ordinance vacating 9 a portion Section 1. That Ordinance No. 3.34 of Dana Drive now known and known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, platted as Lot 14A of Block 2 in be and the same is hereby amended by Westchester Subdivision, changing from"SinFami,Y Residence District" Classificai o t to "Local Busi- said Ordinance havinL,. been pre. mess "A" District" Classification, the fotowiro described real estate, to -wit: viously presented and read at the Commencing at the northeast corner Council meeting of March 3, 1969. of Lot 2 of Lot I of Powers Place" In the City of Dubuque, Iowa, being presented for final adoption. the Point of beginning, thence West along the north line of said Lot 2 of Lot 1 of "Powers Place," 230 feet + ORDINANCE No. 1469 to the center ine of the John F. Ker, WHEREAS, Westchester, Inc. an Iowa nedy Road, thence North, 211.58 feet corporation, has petitioned the City Coun- a'ono the centerline of said John F. cil that the portion of Dana Drive, Kennedy Road, thence East, 163 feet lying between Kennedy Road and Wood. + along the south line of Lot 2 of land Drive be vacated and a conveyance Powers Piece, thence Northerly 111 thereof be made to said Westchester, feet along the easterly side of Lot 2 Inc., and of said "Powers Place," thence WHEREAS, it appears that said portion southeasterly 130 feet + to the north- west corner of Lot 1 of Lot 1 of of Dana Drive was dedicated by means of plat and that came is no longer "Stecher Place" in the City of Du- buque, Iowa, thence South 0° 20' East, needed for street purposes, and S Place" and east line 0i Lot fret + along the west Ilof said "S WHEREAS, the Planning and Zoning Commission has approved the vacation 1 of Lot 1 0l said "Powers Pace" of Lo of that portion of Dana Drive as herein - above specified, and to a point opposite the northerly line of Lot 2 of Lot 1 of said "Powers WHEREAS, said portion of Dana Drive Place" extended easterly, thence West shall hereafter be platted, known and 50 feet + a'ong the said northerly described as Lot 14A o1 Block 2 in line extended to the point of begin- Westchester, a Subdivision In the City of ring. Dubuque, Iowa; Passed, approved and adopted this 71h NOW THEREFORE BE IT ORDAIN• day of April, 1%9. ED BY THE CITY COUNCIL OF THE Welter A. Pregler CITY OF DUBUQUE, IOWA: Mayor Section 1. That the portion of Dana SYtvester McCauley Drive which has been platted, described Merlin F. Schultz and known as fellows: Donald R. Meyers Lot 14A of Bock 2 in Westchester, Councilmen ATTEST: a Subdivislnn in the City of Dubuque, Leo F. Frommelt Iowa be and the same Is hereby vacated. City Clerk Published officially in The Telegraph. Section 2. That the City Clerk be and he is hereby authorized and directed to Hera'd Newspaper this 101h day of April 1969. publish notice of Intent to dispose of In, Leo F. Frommelt terest in real estate as is by law re - quired. City Clerk. 11. 410 Section 2. That the City Clerk be and he, is hereby further authorized and di- Mayor Pregler moved final adop- rected to file a certified copy hereof in the Office of the Recorder In and for Du- u- tion of the Ordinance. Seconded b buqueCounty, Iowa. by Councilman Schultz. Carried by Passed, approved and adopted this 71h Pas day of April, 1969. the following vote: Walter A. Pregler Mayor Yeas—Mayor Preeler, Council. Sylvester McCauley men Meyers, McCauley, Schultz, Merlin F.chultz Donald R. Meyers Nays--None.ATTEST: Councilmen Absent—Councilman Couchman. Leo F. Frommell City Clerk Published officially In The Telegraph- Proof of Publication, certified to Hera.d Newspaper this 10th day of April 1969. by the Publisher, of notice of time F. men L City Clerk. and place of hearing to dispose " +•lo of interest in a portion of Dana Councilman Meyers moved final Drive, now known and platted as adoption of the Ordinance. Sec - Lot 14A of Block 2 in Westchester onded by Mayor Pregler. Carried Subdivision, presented and read. by the following vote: 1\ro written objections were filed Peas—Mayor Pregler, C'ouncil- and no oral objectors were m en Meyers, McCauley, Schultz. present in the Council Chamber at the Nays—None. Absent—Councilman Couchman. time set for the public hearing. Councilman Meyers moved that the RESOLUTION NO. 79.69 proof of publication be WHEREAS, pursuant to resolu- received and filed. Seconded by Councilman tion of 1 notice time published and place hearing pubh shed Regular Session, April 7, 1989 141 the Telegraph -Herald, a newspaper by Mayor Pregler. Carried by the of general circulation phed foyas—Mayor Pregler, Council - ng vote: in the City of Dubuque, Iowaon March 7, 1969 and March 14, 1969, men Meyers, McCauley, Schultz. City Council of Dubuque, Iowa met Nays --None. on the nth Any of April, 1969 at Absent—Councilman Couchman. 7:30 o'clock P.M. in the City Coun• petition of Carl V. Riley attor- cil Chamber, City Hall, Dubuque, ney in behalf of Restoration Inc. Iowa, to consider the proposal to requesting an extension to time dispose of interest of the City of to restore the house located at Dubuque to a portion of Dana 425.29 Loras Blvd., known as Fort Drive, which r no longer platted Rittenhouse, to effect the required for street purposes, now p improvements to bring the house and described as Lot of Block in compliance with the Standard 2 in Westchester Subdibdi vision in Housing Code of the City, pre - the City of Dubuque, Iowa to West. Stinted and read. chester, Inc., and WHEREAS, City Council of Du - Mr. Carl Riley presented plans and a sketch of the proposed res - all objections oral or written, Iowa, overruled any and toration of Fort Rittenhouse and the proposal to dispose of interesstt all objections also assured the Council of proper of City of Dubuque, Iowa, in the financing to complete the job. above described real estate to the thel owners lman a ley moved e Westchester, Inc. NOW THEREFORE BE IT RE- house be given until October 1, SOLVED BY THE CITY COUNCIL 1969 to complete the building. OF THE CITY OF DUBUQUE, Seconded by Mayor Pregler. Car - IOWA: ried by the following vote: Section 1. That the disposal of Yeas—Mayor Pregler, Council. interest of City of Dubuque, Iowa, men Meyers, McCauley. in real estate to Westchester, Inc. Nays --Councilman Schultz. covering the following described Absent—Councilman Couchman. real estate, to -wit: petition of Beef Supreme Inc. Lot 14A of Block 2 in West- requesting permission to construct chester Subdivision in the City a sanitary sewer under John F. of Dubuque, Iowa Kennedy Road, presented a n d for costs of publication be and the read. Mayor Pregler moved that same is hereby approved. the petition be approved subject Section 2. That the City Clerk to approval of the City Engineer be and he is hereby authorized and same should be referred to and directed to deliver the said the City Manager and Staff for deed of conveyance to Westches• proper proceedings. Seconded by ter, Inc. upon receipt of costs of Councilman Meyers. Carried by publication. the following vote: Section 3. That the City Clerk Yeas—Mayor Pregler, Council, be and he is hereby authorized men Meyers, McCauley, Schultz. and directed to record a certified Nays—None. copy of this resolution in the of- Absent --Councilman Couchman. fice of the Dubuque County Re- corder. Passed, approved and adopted this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded Petition of Dubuque Community School District requesting permis- sion to excavate in Rosedale Ave- nue to tie into existing water, storm and sanitary lines toser ance d a new bus garage, presented read. Councilman Meyers moved approval of the petition subject to approval of the City Engineer. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. 142 Regular Session, April 7, 1969 Petition of Dubuque Policemen's Protective Assn. requesting a hear- ing on the proposed pay increase and advising of full support of their membership to enforce the laws of the State and community to its fullest, presented and read. Mr. Gerald Sjobakken, represent- ing t he Policemen's Protective Assn., and officers W. Vonah, John Maus, Val. Horch, Dwayne Nilles, Thos. Rettenmeier, Jerry Hirsch, John Stephens and Jerry Koch all addressed the Council relative to salary increases. Mayor Pregler moved that the petition be referred to the City Manager. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Eldon J. Konzen re. questing a refund of $25. on the unexpired portion of cigarette li- cense No. 255 as he has discon. tinued business on 3.31-69, pre- sented and read. Councilman Mc. Cauley moved that the refund be. granted and the Auditor instruct- ed to issue proper warrant. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. 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 the construction of the Eighth Street storm Sewer 1969 from W.P.L. of Iowa Street to the E.P.L. of Main 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 Meyers moved that the proof of publication be re ceived and filed. Seconded bi Mayor Pregler. Carried by the fol lowing vote: Yeas—Mayor Pregler, Council men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman (Necessity for Improvement) RESOLUTION NO. 43.69 WHEREAS, proposed plans, spec- ifications, form of contract have been duly prepared and approved by the City Council of the City Df Dubuque 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 proposed improvement. for the improvement of the EIGHTH STREET STORM SEWER, 1969, from the west property line of Iowa Street to the east property line of Main 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 hereinmentioned 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 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 will be paid from the San- itation Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 3rd day of March, 1969. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommeit City Clerk Regular Session, April 7, 1969 143 Mayor Pregler moved final adop- Yeas—Mayor Pregler, Council. tion of the resolution. Seconded I men Meyers, McCauley, Schultz. by Councilman Meyers. Carried by Nays—None, the following vote: Absent—Councilman Couchman. Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman (,ouchman. (Ordering Construction) RESOLUTION NO. 80-69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Necessity b this -69 which was duly passed Y ovement of Council IGHTH a STREET STORM SEWER, 1969, from the west prop- erty line of Iowa Street to the east property line of Main Street, 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 improvement be paid from the Sanitation 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. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NEC- ESSITY shall be in force and effect from and after its passage and adoption by the City Council, Passed, adopted and approved this 7th day of April, 1969. Watler A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of bids for the construction of the Eighth Street Storm Sewer 1969 from the S.P.L. of Iowa Street to the E.P.L. of Main Street, presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: April 5, 1989 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Thursday, April 4, 1969, for the improvement of the Eighth Street Storm Sewer, 1989, from the west property line of Iowa Street to the east property line of Main Street. The lowest bid entered was sub- mitted by Jim Schroeder, Inc., of Bellevue, Iowa. Their bid was 2.4% over the Engineer's estimate. I recommend that the contract for the improvement be awarded to Jim Schroeder, Inc. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the recommendation be approved. Sec- conded by Councilman Schultz - Carried by the following vote: Yeas --Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent --Councilman Couchman. (Awarding Contract) RESOLUTION NO. 81.69 WHEREAS, sealed proposals have been submitted by contrac- tors for the CONSTRUCTION OF EIGHTH 1969 FROM R THE TWE SEWER,ORM PROP- ERTY LINE OF IOWA STREET TO THE EAST PROPERTY LINE OF MAIN STREET. Pursuant to Resolution No. 43-69 and notice I" Regular Session, April 7, 1969 to bidders published in a news. paper published in said City on March 7, 1969 and March 14, 1969, and WHEREAS, said sealed propos- als were opened and read on April 3, 1969, and it has been deter- mined that the bid of Jim Schroe. der Construction, Inc. of Bellevue, Iowa in the amount of $17,858.30 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 Jim Schroeder Construction, Inc, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Merlin F. Schultz Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley m o v e s adoption of the resolution. Second ed by Councilman Meyers. Carries by the following vote: Yeas—Mayor Pregler, Council men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman Proof of Publication, certified t4 by the Publisher, of Notice o Pendency of Resolution of Nece sity for public improvements an, hearing upon proposed plans an, specifications form of contract an cost of improvements for the cor struction of Traffic Signals an street lights on Iowa Street fror S.P.L. of Fourth Street to N.I'.I of Tenth Street, presented an read. No written objections were filed nd no objectors were present in he Council Chamber at the time et for the public hearing. Council- ian Meyers moved that the proof f publication be received and iled. Seconded by Mayor Pregler. tarried by the following vote: Yeas—Mayor Pregler, Council- aen Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. (Necessity for Improvement) RESOLUTION NO. 46-69 WHEREAS, proposed plans, spec- fications. and form of contract lave been duly prepared and ap- )roved by the City Council of the ity of Dubuque, Iowa, and are iow on file in the office of the ity Clerk showing among other ,hings the following: (1) The plan of such improve- ment (2) An estimate of the cost of the improvement for the improvement of Traffic Signals and Street Lights on Iowa Streets from the south property line of Fourth Street to the north 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 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 and the Util- ities - Lighting Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1969. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- Regular Session, April 7, 1969 145 posed by the City Council this 7th day of April 1969' Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved final adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler. Council. men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. proof of Publication, certified to by the Publisher, of notice to Con- tractors of receipt of proposals for construction of Traffic Signals and Street Lights on Iowa Street from S.P.L. of Fourth Street to N.P.L. of Tenth Street, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Proofs of Publication, certified to by the Publishers, of notice of levy of special assessment and intention of the City Council to issue bonds for the construction of Diane Court Sanitary and Storm Sewer 1968, presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Statement of City Clerk certify, ing that notices of levy were mailed to property owners of rec Ord according to County Auditor'i roll, by certified mail on Marel 4, 1969, obligated to pay for cos' of constructing the Diane Cour Sanitary and Storm Sewer 1968 presented and read. Mayor Pregle moved that the statement be rc eived and filed. Seconded by 'ouncilman Schultz. Carried by he following vote: Yeas—Mayor Pregler, Council - nen Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 82.69 SCHEDULE OF ASSESSMENT$ RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for Diane Court San- itary and Storm Sewer 1968, by Smitty's Excavating Service, con- tractor in front of and adjoining the same, a special tax be and is hereby IeAed an 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. Mary Virginia Elmer, Lot 2.1-1-1-2, Mineral L o t 28 ...................................... $1,141.83 John O. & Roberta Lu- thro, Lot 6, Hoerpericks Subdivision ...................... 1,161.56 Jerold W. & Ardith J. Ransdell, Lot 1-5, Roer- pericks Subdivision ...... 1,158.89 $3,462.28 8 All of which is assessed in pro- portion to the special benefits conferred. TOTAL CONSTRUCTION COST ..$6,131.74 City Share Construction 3,05420 Cost............................. Assessable Share Con; 3,077 struction Cost ......... Eng. a n d Inspection Cost.............................. 382.51 5% Interest/52 days .... 22.23 TOTAL ASSESSABLE SHARE ....................$3462.28 Passed, adopted and approved this 7th day of April, 1969. Walter A. Pregler, Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by 148 Regular Session, April 7, 1969 Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Proofs of Publication, certified to by the Publishers, of notice of hearing to consider proposal to authorize the issuance of sewer bonds in the amount of $3,462.28 to pay for cost of constructing the Diane Court Sanitary and Storm Sewer 1968, presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun. cilmen Meyers, McCauley, Schultz. Nays—None. Absent --Councilman Couchman. RESOLUTION NO. 83.69 Resolution providing for the is- suance of Sewer Bonds for the purpose of providing for the pay- ment of the assessed cost of The Diane Court Sanitary and Storm Sewer 1968 Whereas the contract heretofore entered into by the City of Du- buque, 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 $3,462.28 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as provid- ed by law, has been published by the City Clerk stating the intention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pursuant tc such notice and all objections made thereto have been consid Bred and determined; NOW THEREFORE BE IT RE SOLVED by the City Council of the City of Dubuque: I. That to provide for the pay ment of the assessed cost of The Diane Court Sanitary and Storrr Sewer -1968. there shall be issued sewer bonds in the amount of $3,462.28 Dollars in anticipation of the deferred pay- ment of assessments levied for such improvement. 2. Such bonds shall be called sewer bonds; and shall bear the date of May 7, 1969; 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 Bond Denomi- Matur- No. No. nation ity 1 None None — 2 None None — 3 None None — 4 1477 500.00 4-1-73 5 1478 500.00 4-1-75 6 1479 500.00 4.1-75 7 1480 500.00 4-1-76 8 1481 500.00 4-1-77 9 1482 500.00 4-1-78 10 1483 462.28 4-1-79 3. Said bonds shall bear interest at the rate of five per cent per annum, payable semi-annually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No......................... Series No ......................... CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of ................. or at any time before that date, at the option of the City of Du- buque, the sum of five hundred dollars with interest thereon at the rate of five per cent per an- num, payable semi-annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of Regular Session, April 7. 19!09 147 the City Treasurer in the City of pubuque, in the State of Iowa. This bond is issued by the City of Du• buque under and by virtue of Chap- ter 346 of the 1966 Code of Iowa, of as amended, andthe h l eso said City duly passed onbeing the h n7t day of April. 1969, Resolu- tion tion No. 83.69• This Bond is one of a series of 7 bonds, 6 for :50000 numbered from 1477 through 1482, and one for 5462.28 numbered 1483, all of like tenor and date, and issued for the purpose of providing for the payment of the Diane Court Sani- tary and Storm Sewer — 1968 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 No. 1277 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 dene, 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. N 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 Se^' of said City to be thereto affixed. this 7th day of April, 1969. (SEAL) ........................... Mayor .................................. I ......... ..... City Clerk (Form of Coupon) interest due that date on its............ Bond No ................ dated ........... ................................. ............. Mayor Cit...y....CIer .........,.. k 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. 1277 and paid out by him to pay the cost of said contract. 8. That the interest coupons at. tached to the bonds be signed with the facsimile signature of the May- or ayor and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due. these bonds shall be, called and retired in the same order as num- bered. The City Treasurer is di- rected to call these bonds in the same order as numbered. 10. Notice of election to call these binds shall be given by reg- ular United States mail addressed to the last known address of the purchaser. Passed, adopted and approved this 7th day of April. 1969. Walter 0. pregler, Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen On the ................ day of ....... ..... , the City of Dubuque, Iowa, prom- ises to pay to the barer, as Pro- vided in said bond, the sum of ....... I..._. . Dollars, in the office of the City Treasurer in the City of Dubuque. being months' Attest: Leo F. Frommelt City Clerk Mayor Preglet' moved adoption of the resolution. Seconded by Councilman McCauley, Carred by the following vote Yeas — Mayor Pregler, Coun- cilmen Meyers NeCauley, $Cholic. gays ---lone. Absent—Councilman Couchman 148 Regular Session, April 7, 1989 proof of Publication, certified to pn, the Publisher, of Notice of time and place of hearing to dis- pose of interest in Lot 1 of Lot 1 Block 5 River Front Subdivision No. 3 to Commodity Warehousing Corporation containing approxi- mately 10.175 acres, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 84.69 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 March 10, 1969 and March 17, 1969, City Council of Dubuque, Iowa, met on the 7th day of April, 1969. at 7:80 o'clock P.M., 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 of Lot 1, Block 5 "River Front Subdivision, No. 3," in the City of Dubuque, Iowa, containing approximately 10.175 acres, subject to easements reserved to the City of Dubuque. Iowa, designated as easement "B" for utilities purposes, and except easement "A" for railroad purpose title to which shall remain in the City of Dubuque, Iowa, according to the recorded plat thereof to Commodity Warehousing Corpora. tion of Chicago, Illinois and WHEREAS, City Council of Du buque, Iowa, overruled any ane all objections, oral or written, t( the proposal to dispose of interesl of City of Dubuque, Iowa, in the above described real estate t( Commodity Warehousing Corpora tion of Chicago, Illinois. NOW THEREFORE BE IT RE SOLVED BY THE CITY COUNCII OF THE CITY OF DUBUQUE IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Commodity Ware. housing Corporation of Chicago, Illinois, covering the following de- scribed real estate, to -wit: Lot 1 of Lot 1, Block 5, "River Front Subdivision No. 3" in the City of Dubuque, Iowa, containing approximately 10.- 175 acres, subject to easements reserved to the City of Du- buque, Iowa, designated as easement "B" for utilities pur- poses, and except easement "A" for railroad purposes ti- tle to which shall remain in the City of Dubuque, Iowa, according to recorded plat thereof for the purchase price of the amount of $5,000.00 per acre, be and the same is hereby approved, subject to the following terms and conditions, to -wit: A. That said real estate be sold to Commodity Warehousing Corporation of Chicago, Ill- nois for the construction of a new building thereon con- taining approximately 100,- 000 square feet for the opera- tion of a cold storage and refrigeration plant in the City of Dubuque, Iowa. B. That the sale price for said real estate shall be in the arnount of Five Thousand ($5,000.00) Dollars per acre and the receipt of Five Thou- sand ($5,000.00) Dollars as down payment is herewith acknowledged by the City. C. That construction of said plant be commenced within one (1) year of adoption and passage of this resolution and shall be completed within two (2) years of date of adop- tion and passage of this res- olution and upon failure so to do by the purchaser, Com- modity Warehousing Corpo- ration of Chicago. Illinois, said real estate shall auto. matically revert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. D. That the construction of all buildings, yards, parking lots and fences shall be construct- ed in conformance with exist- ing City codes. E. F Regular Session, April 7, 1989 149 That title to the area desig. natedeasement "A" n the plat dated February 3 1969 be and the same shall remain in the City of Dubuque, Iowa. That the City of Dubuque, Iowa retains a perpetual ease- ment for existing waterlines, existing sanitary sewer and storm and for utilities togeth- er with right of ingress and egress to repair, inspect and maintain the same, including the right of ingress and eg- ress to repair, inspect and maintain railroad tracks in easement "A" and utilities in easement "B", which respec. tive rights may be assigned by the City of Dubuque, Iowa. said sale shall be on the same terms and conditions as here- in contained except as relates to purchase price, it being clearly understood, however, that Commodity Warehousing Corporation of Chicago, Illi- nois by reason of its purchase of Lot 1 of Lot 1 of Block 5 of "River Front Subdivision No. 3" acquires no vested right or interest in or to Lot 1 of Block 12 "River Front Sub- division No. 3" or to Block 13 "River Front Subdivision No. 3." Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Commodity Warehousing Corporation of Chi - G. That the purchasers shall pay I cago, Illinois upon receipt of the the costs of survey and plat- purchase price in full at $5,000.00 ting of the premises which per acre. plat bears the date of Feb. Section 3. That the City Clerk ruary 3, 1969, and which has be and he is hereby authorized and been prepared by Cullen- directed to record a certified copy Schiltz Associates, Inc., en. of this Resolution in the office of proximate which is in of the$4248. the Dubuque County Recorder. Passed, approved and adopted H. That the City of Dubuque, this 7th day of April, I.M. Iowa shall construct and erect Walter A. Pregler, and install railroad tracks in Mayor the general location shown Sylvester McCauley as easement "A" on the plat Merlin F. Schultz dated February 3, 1969 and Donald R. Meyers prepared by Cullen-Schiltz As- Councilmen sociates, Inc., engineers, and that, however, any connec- tions thereto to serve the property herein sold shall be at the expense of the pur- chasers. 1. That the Commodity Ware- housing Corporation of Chi- cago, Illinois shall have the first right of refusal to pur- chase Lot 1 of Block 12 "Riv. er Front Subdivision No. 3" except easement "A" which shall remain the property of the City of Dubuque, Iowa and Block 13 of "River Front Subdivision No. 3" in the event the City of Dubuque, Iowa elects to sell the same or in the event the City of Dubuque, Iowa receives an offer to purchase the same from a bonafide purchaser, in which event the said Com- codity Warehousing Corpora- tion of Chicago, Illinois shall be given the opportunity to match said sale price, and Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved that the resolution be adopted. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 85.69 Authorizing the condemnation of certain parcels of real estate in the Downtown Urban Renewal Project Iowa R-15 WHEREAS, under date of Dubuque ulld 2Of 6, 1967, the City the United States of America Grant into a Loan and Cap itaContract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to such contractand Renewal implement the Urban 150 Regular Session, April 7, 1969 Plan for the Project Area deems it necessary and in the public in- terest that the property herein- after 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 indicated, be and the same should be acquired to implement the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15. Owner Property Description Harriet Booth Lusch, The North one-third (%) of Lot 31 in the City of Dubuque, Iowa, accord- ing to the United States Com- missioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 2-4) Charles Joseph Murphy, Ann Cody, Mary Reilly, Imelda Piekenbrock and Ellen Flood, The Easterly 25 feet of Lot 752 and the East- erly 25 feet of the Southerly 54 feet 1 inch of Lot 753 in the City of Dubuque, Iowa, accord- ing to the United States Com- missioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 9-4) Renier Realty Company, The North- erly 43 feet 6 inches (also some- times referred to as the North 43 feet 6 inches) of Lot 17 in the City of Dubuque, Iowa ac- cording to the United States Commissioners' Map of the Town of Dubuque, Iowa. (Parcel 11-7) Linehan and Molo, Inc., The West- ern 76 feet of the South 45 feet 6 inches of Lot 184 in the City of Dubuque, Iowa, according to the United States Commission- ers' Plat of the Town (now city) of Dubuque, Iowa. (Parcel 11.9) Charles Joseph Murphy, Ann Cody, Mary Reilly, Imelda Piekenbrock and Ellen Flood, The East 20 feet of the North one-half (1/2) of the City Lot 11 in the City of Dubuque, Iowa, according to the United States Commission- ers' Plat thereof. (Parcel 12.2) Eagle's Building Corporation, The South One-half (1/2) of Lot 100 and the West 94 feet of the North One-half (lis) of Lot 100 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 12-3) C. B. Trewin, North One-half of Lot 99 in the City of Du- buque, Iowa according to the United States Commissioners' Map of the Survey of the Town (now City) of Dubuque, Iowa. (Parcel 12-4) Donald J. Bandy and Iona R. Bandy, The Southerly half (1/2), also called the South half (lis) of Lot 99 in the City of Du- buque, Iowa according to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 12-5) A l f r e d Schuster and Lourdes Schuster, The North (also called Northerly) One-half (%) of Lot 98 in the City of Dubuque, Iowa, according to the United States Commissioners' P 1 a t thereof. (Parcel 12-6) George L. McDonald, The Easterly 43 feet of Lot 185 in the City of Dubuque, Iowa, according to the United States Commission- ers' Map of the Town (now City) of Dubuque, Iowa. (Parcel 14.1) Linehan and Molo, Inc., The West- erly 70 feet of Lot 185 in the City of Dubuque, Iowa, accord- ing to the United States Com- missioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 14-2) Ridge Motor and Machine Com- pany, Lot 187 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof. (Parcel 14-10) Ridge Motor and Machine Com- pany, Lot 186 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. (Parcel 14-11) James P. Kachevas and Irene Kachevas, Lot 65 and the North 7 feet of Lot 65 A, in the City of Dubuque, Iowa, according to the United States Commission. ers' Map of the Town of Du. buque, Iowa. (Parcel 15-1) Danwreth Perkins Williams and Thelma Perkins, The North One- third of Lot 67 in the City Of Dubuque, Iowa, according to the Regular Session, April 7, 1969 151 United Commissioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 15-8) Catherine C. O'Rourke, The South two-thirds of Lot 66 in the City of Dubuque, Iowa, according to the United States commission- ers' Map of the Town (now City) of Dubuque, Iowa. (Parcel 15-9) SECTION 2. That the Director of the Department of Urban Re- newal 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 Urban Renewal is hereby author- ized to do any and all things nec- essary and requisite to such con- demnation proceedings. Passed, approved and adopted this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley. Nays—Councilman Schultz. Absent—Councilman Couchman. RESOLUTION NO. 86-69 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 Renewal Project, Iowa R-15 is hereby ratified and accepted by the City of Dubuque. Grantor Property Daaeription Louis Roseliep and Joseph Shan- non, DBA Dubuque Office Equip- ment Co. Louis Roseliep and Cathryn L. Roseliep and Joseph Shannon and Imelda Shannon Deed dated March 13, 1969 Recorded in Book 198, Pages 278, 279 The South % of Lot 98 in the City of Dubuque, Iowa, according to the United States Commission- ers' Plat thereof. (Parcel No. 12.7) SECTION 2. That the recording of the respective deeds of con. veyance 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 Re- corder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day Walter April, Pregler Mayor Sylvester McCauley Donald R. Meyers Councilmen Accepting delivery of deeds for the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of July 26, 1697, 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 W15; and WHEREAS, the City of Dubuque, pursuant to authorization a n d direction 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 Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council men Meyers, McCauley. Nays—Councilman Schultz. Absent—Councilman Couchman RESOLUTION NO. 87-69 Authorizing the issuance of Proi- act Loan Notes in connection with Urban Renewal Project Iowa R-15 WHEREAS, the City of Dubuque (herein called the "Local Public Agency") is duly authorized and Proposes to undertake and carry 152 Regular Session, April 7, 1989 out a certain urban renewal or redevelopment project (Iowa R-15) of the character authorized by law with financial aid by the United States of America (herein called the "Government"), in the form of a Project Temporary Loan un- der Title I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), which may be made by the Government to the Local Pub- lic Agency with respect to said Project in accordance with a cer- tain Loan and Grant Contract (herein called the "Contract"), by and between the Local Public Agency and the Government; and WHEREAS, in order to enable the Local Public Agency to obtain such financial aid, it is necessary for the Local Public Agency to authorize and, from time to time, issue certain obligations in the form of Project Loan Notes, as hereinafter provided: now there- fore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. Whenever the fol- lowing terms, or any of them, are used in this Resolution the same, unless the context shall indicate another or different meaning or intent, shall be construed, are used, and are intended to have meanings as follows: (1) The term 'Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Contract shall have the respective mean- ings ascribed thereto in the Contract. SECTION 2. The Contract en- tered into between the Local Pub- lic Agency and the Government for the above identified Project is hereby declared to be a part of this Resolution and all applicable provisions thereof were expressly set forth in full herein. SECTION 3. In order to evidence payments made by the Govern ment on account of the Projec, Temporary Loan pursuant to thi Contract with respect to the Proj ect and to refund, renew, exten( or substitute for any Note by thi Resolution authorized to be issues (or any such Note by any othe •esolution authorized to be issued and which is outstanding, or on leposit for delivery pending pay- nent therefor, as of the date this Resolution becomes effective), :here are hereby authorized to be ,sued, from time to time, Project Loan Notes of the Local Public Agency in an aggregate principal amount outstanding at any one time (whether authorized by this Resolution or any other resolu- tion authorizing the issuance of Project Loan Notes) not in excess of the amount of the Project Tem- porary Loan available under the Contract. SECTION 4. The City Manager is hereby authorized to file with the Government from time to time as funds are required, requisitions, together with the necessary sup- porting documents, requesting pay- ments to be made on account of the Project Temporary Loan avail- able under the Contract, and the proper officers of the Local Public Agency shall prepare, execute and deliver to the Government Notes hereinafter authorized and shall accept payment therefor from the Government in the form of cash or other Notes issued by the Local Public Agency, and such officers are authorized to do and perform all other things and acts required to be done or performed in order to obtain such payments. Cash pro- ceeds from the issuance of all Pro- ject Loan Notes shall be deposited and disbursed only in accordance with the provisions of the Contract. SECTION 5. Each Project Loan Note shall bear interest and be payable in the form and manner prescribed by the Contract and this Resolution; shall be signed in the name of the Local Public Agency by the Mayor; and shall have the official seal of the Local Public Agency impressed thereon and at- tested by the City Clerk; and shall otherwise be in substantially the form of IIUD-9107 incorporated herein by reference. SECTION 6. This Resolution shall supersede all previous resolutions authorizing Project Temporary L,)an Notes, and the Project Loan Notes authorized by this Resolution shall be exchanged for any Project Temporary Loan Notes heretofore issued pursuant to any previous resolution. Regular Session, April 7, 1969 153 Passed, approved and adopted this 7th day of April, 1969. Walter A.1Pregler, Mayor Sylvester McCauley Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Co in cilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Meyers, McCauley. Nays—Councilman Schultz. Absent—Councilman Couchman. RESOLUTION NO. 8869 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BF 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 Josephine Burke, 531 Main Street Lois M. Morarend, 700 East 16th Street Carl N. Brant, 2600 Central Ave- nue Kathleen L. Wedig, 1399 Jackson Street Karl Henry Oleson, 1701 Asbury Street Merlyn L. Weber, 1902 Central Avenue Passed, adopted and approved this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt Clty Clerk RESOLUTION NO. 89-69 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 Josephine Burke, 531 Main Street Lois M. Morarend. 700 East 16th Street Carl N. Brant, 2600 Central Ave- nue Kathleen L. Wedig, 1399 Jackson Street Karl Henry Oleson, 1701 Asbury Street Merlyn L. Weber, 1902 Central 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 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCaaley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Kays—None. Absent --Councilman Couchman. RESOLUTION NO. 9069 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 154 Regular Session, April 7, 1969 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 Lois M. Morarend, 700 East 16th Street Passed, adopted and approved this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz - Nays --None. Absent—Councilman Couchman. RESOLUTION NO. 91.69 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 Lois M. Morarend, 700 East 16th Street Passed, adopted and approved this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent --Councilman Couchman. Councilman McCauley moved that George Deininger be reap- pointed to the Board of Zoning Adjustment for a five year term expiring 3-5-74; also that. William Giese and Donald Kopp be re- appointed to three year terms expiring 3-16-72 to the Heating, Ventilating, Air Conditioning & Refrigeration Board. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley. Nays—Councilman Schultz. Absent—Councilman Couchman. Leo F. Frommelt City Clerk Approved A11.. U S t ,1969. ............................... Adopted ........A.4 giA.Sil.... 4....1969. l l . .. . .... ......... a ....... .x. ............. Councilmen City Clerk. Regular Session, April 14, 1969 155 Board of Health OFFICIAL Regular Session, April 14, 1969. Board met at 7:15 p.M. (C.S.T.) Present — Chairman Walter A. pregler, Messrs. Gaylord M. Couch- man, Me Merlin F e Schultz Dr. ter McCauleyley,, Kenneth K. Hazlet. Dr. llazlet reported to the Board that an Animal Warden has been hired to pick up stray dogs and handle complaints, at a straight salary plus overtime when called. All dogs are to be delivered aker the Humane Society andcare of in an orderly fashion. The as em- ployed for rden several weeks and A and it seems to be working out very well and expressed hope of eventual control of the dog problem. There being no further business Chair- man Walter A. Pregler moved to adjourn. Seconded by Mr. Sylves- ter McCauley. Carried by the fol- lowing vote: Yeas --Chairman Walter A. Preg- ler. Messrs. Gaylord M. Couchman, Donald & Meyers, Sylvester Mc- Cauley, Merlin F. Schultz. Nays—None. Leo F. Frommelt Clerk—Board of Health Approved AiAzwat..4......... 190 Adopted AU L1S t.. t}.........1969 Members of Bd, of Illealth V Atte,. .. Clerf Board of Health ISO Special Session, April 14, 1969 (ITY COUNCIL OFFICIAL Special Session, April 14, 1969. Council met at 7:30 P.M. (S.S.T.) Present—Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz. City Manager Gilbert D. Chaven- elle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidpring the adoption of a resolu- tion authorizing the issuance of Airport Bonds in the principal amount of $125,000 and levying a tax to pay the same, and for such other business in connection there. with, and also acting upon such other business as may properly come before a regular meeting of the City Council. Communication of Cyril Wissel objecting to the proposr.d rezon- ing of the north 1/5 of Outlot 490 situated at 19th & Jackson Street, presented and read. Mayor Pregler moved that the communication be referred to the Council to be brought back at the time set for the public hearing. Seconded by Councilman Meyers. Carried by the following vote: Yea, ---Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. April 11, 1969 Honorable Mayor and Council Members Gentlemen: The Dubuque Urban Area Trans- portation Study has proceeded to the point that projected volumes for 1990 traffic is available. This projected traffic has been assigned to the existing; street system to point out existing and potential problem areas. I would appreciate an opportu. nity to review this matter with the Council at its meeting on April 4, 1969, Respectfully requested, Don Gilson City Planner Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Councilman Meyers moved that the rules be suspended in order to let anyone address the Council if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Mr. Don Gilson submitted a projection of the traffic pattern to 1990. Communication of Building De- partment requesting permission to issue a building permit to Mr. Frank Kelly to erect an addition to the present structure at 1990 Elm Street to house a drug store, presented and read. Councilman McCauley moved that the commu- nication be referred back to the Building Department to issue the permit. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Mr. Frank Kelly stated that it was a mistake to be included in the original area for rezoning. April 11, 1969 To the Honorable Mayor and City Council Gentlemen: Mr. Richard Beaves has ex- pressed a desire to resign from the Board of Heating, Ventilating, Air Conditioning and Refrigera- tion. Mr. Beaves has served as a Board member since March 16, 1967. Since then he has retired from the heating and plumbing industry. I have appointed Mr. Adrian C. Swift as a member of the Heating, Ventilating, Air Conditioning and Refrigeration Board to fill the vacancy. He will serve the unex- pired term of Mr. Beaves until March 16, 1970. Special Session, April 14, 1969 157 I request the Council to approve this appointment. 1 Respectfully, f Gilbert D. Chavenelle City Manager Councilman Meyers moved that ; the appointment be approved. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. April 14, 1969 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 2, 1969, for those seeking positions on the Police Department. The following named person has passed both the written and physi- cal examination and is hereby cer- tified for appointment to the Police Department. Darrell D. Scott 76% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 14th day of April 1969. Eugene J. Berens Notary Public Mayor Pregler moved that the communication be received and made a matter of record. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. olicitor for investigation and re - ort. Seconded by Councilman leyers. Carried by the following ote: Yeas—Mayor Pregler, Council - nen Couchman, Meyers, McCauley, >chultz. Nays—None. Notice of claim of Lyle Dewey, ,n behalf of Linda Dewey a minor, )f 2280 N. Grandview in the amount of $750. for damage to a violin on February 13, 1969, as the result of said minor falling on an ice covered walk at 1927 University Avenue, while carrying said violin, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Notice of Claim of John L. Reese of 110 S. Booth Street, in the amount of $100. for damage to his suit of clothes as the result of a fall over a protruding piece of pipe at 160 Hill Street on March 30, 1969, presented and read. May- or Pregler moved that the notice of claim be referred to the City Communication of Insurance Company of North America advis. ing of City's liability in the damage claim of Linda Dewey relative to the loss of a violin and requesting settlement of the claim, presented and read. Mayor Pregler moved that the communication be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Dubuque Arts Coun- cil Committee on Cultural Affairs for Young People requesting per- mission to conduct a tag day on May 3, 1969, presented and read. Mayor Pregler moved that the petition be referred to the City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Peoples Natural Gas Co. requesting permission to ex• cavate at 665 Dodge Street, gre- sented and read. Councilman Mey- ers moved that the petition be 158 Special Session, April 14, 1969 granted. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Delos A. Dorweiler, requesting a refund of $55.00 on a building permit issued to con- struct an apartment building which has failed to materialize due to ill health, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Bradley Iron Works Inc. requesting an easement across the east 25' of Marshall Street abutting their west property line and submitting plat, presented and read. Councilman Meyers moved that the petition be referred to the Manager and Staff and the Planning & Zoning Commission. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Bradley Iron Works requesting an easement across the Wly. 25' of Lot 2 of Block 16 in River Front Sub. No. 3 to con- struct a spur line into their prop- erty, presented and read. Council- man Meyers moved that the peti- tion be referred to the Manager and Staff and the Planning & Zon- ing Commission. Seconded by May- or Pregler. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Curtis -Straub Co. re questing permission to excavate in Terminal Street at the Iowa Oil Co., presented and read. Mayoi Pregler moved that the petition be approved subject to approval of the City Engineer. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of hearing on estimate of levy for airport bond tax of the City of Dubuque, Iowa, presented a n d read. No written objections were filed and no oral objectors were present 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 Pregler, Council- men Couchman, Meyers, McCauley. Nays—Councilman Schultz. RESOLUTION NO. 92.69 RESOLUTION APPROVING ESTIMATE OF LEVY WHEREAS, in the manner pro- vided by law, notice has been giv- en on the estimate of levy of the Airport Tax for the purpose of paying Airport Bonds in t h e amount of $125,000.00, and said hearing has been held and no objections made to the levy of said tax: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That said Estimate of Levy is hereby approved and adopted as the estimate of levy of said tax. Passed and approved, this 14th day of April, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—Councilman Schultz. Special Session, April 14, 1969 159 RESOLUTION NO. 93.69 Resolution authorizing the issu• once of Airport Bonds in the principal amount of $125,000.00 and levying a tax to pay the same WHEREAS, the City of Du- buque, Iowa, sometimes herein- after referred to as the Municipal- ity, has heretofore established tfished he Municipal Airport pursuant provisions of Chapter 330, Code of Iowa, 1966, and the Council of said Municipality has determined that it is mp overand enlarge the ary and advisable tr, equip, i heretofore established Dubuque Municipal Airport, by the installa- tion of an instrument landing sys- tem including acquisition of the necessary land, site preparation and easements, at a cost of not less than $125,000.00, a part of which is to be financed by the issuance of general obligation bonds as authorized by Code Sec- tion 330.16, Code of Iowa, 1966; and WHEREAS, notices have been published and hearings have been held as required by law on the issuance of said bonds and the levy of a tax to pay the same, and no objections or protests to the issuance of said bonds or the levy of said taxes have been made nor has there been a petition filed with the Clerk by qualified elec- tors of the Municipality request- ing that the question of the is- suance of said bonds be submitted to the voters of the Municipality annually thereafter on the 1st day of June and December in each year until they are all paid; that said bonds be signed by the Mayor and attested by the Clerk with the seal of said Municipality affixed, and the certificate of registration endorsed thereon; that interest on said bonds be evidenced by cou- pons thereto attached and matur- ing on the several days when such interest matures; such interest cou- pons to be executed with either the original or the facsimile signa- ture of the Clerk; that principal and interest be payable at the office of the Treasurer in the Mu- nicipality of Dubuque, Iowa; that said bonds be numbered from 1 to 25, both numbers inclusive, and be in the denomination of $5,000: 00 each. Said bonds shall mature as follows: Bond No. Amount 1 to 5, both incl. $25,000.00 6 to 10, " $25,000.00 11 to 15, " $25,000.00 16 to 20, " $25,000.00 21 to 25, " $25,000.00 Maturity Date December 1, 1970 December 1, 1971 December 1, 1972 December 1, 1973 December 1, 1974 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Airport Bonds of said Municipality in the prin- cipal amount of $125,000.00 be issued in anticipation of the col- lection of the Airport Bond Tax hereinafter levied, pursuant to the provisions of Code Chapter 330, Code of Iowa, 1966; that they be 25 in number, dated March 1,1969; bonds numbered 1 to 5, both in. clusive, shall bear interest at the rate of 5% per annum and bonds numbered 6 to 25, inclusive, shall bear interest at the rate of 4.40`7 per annum, payable from the date of said bonds until payment there- of, payable June 1, 1969, and semi- Section 2. That upon presenta- tion at the office of the Treasurer of the Municipality of any of said bonds, same may be registered as to principal in the name of the owner, on the books in his office, such registration to be noted on the reverse side of the bonds by the City Treasurer, and thereafter the principal of such registered bonds shall be payable only to the registered holder, his legal representatives or assigns. Such registered bonds shall be transfer- able to another registered holder, or back to bearer, only upon pres- entation to said City Treasurer with a legal assignment duly ac- knowledged or proved. Registr* tion of any such bonds shall not affect the negotiability of the cou- pons thereto attached, but such coupons shall be transferable by delivery merely. IX) Special Session, April 14, 1969 Section 3. Said bonds shall be in form substantially as follows: (FORM OF BOND) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE. CITY OF DUBUQUE AIRPORT BOND No. ........ $5,000.00 The City of Dubuque, in the State of Iowa, for value received, promises to pay to bearer FIVE THOUSAND DOLLARS, lawful money of the United States of America, on the 1st day of Decem- ber, 19...., with interest on said sum from the date hereof until paid, at the rate of ........ io per annum, payable June 1, 1969, and semiannually thereafter on the 1st day of June and December in each year, on presentation and surren- der of the interest coupons hereto attached; both principal and in- terest payable at the office of the City Treasurer of the City of Du- buque, Iowa. This bond is issued by the City of Dubuque, Iowa, for the purpose of defraying a part of the cost of equipping, improving and enlarg- ing the heretofore established Du- buque Municipal Airport, by the installation of an instrument land- ing system including acquisition of the necessary land, site prep- aration and easements, pursuant to the provisions of Chapter 330, Code of Iowa, 1966, and in con- formity to a resolution of the City Council of said City duly passed. This bond is fully negotiable but may be registered as to prin- cipal only in the name of the holder on the books of said City in the office of the City Treasurer, such registration to be endorsed by notation on the back hereof by the Treasurer, after which no transfer shall be valid unless made on said books and similarly noted hereon, but it may be discharged from said registration by being transferred to bearer, after which it shall be transferable by delivery but it may again be registered as before. The registration of this bond as to principal shall not restrain the negotiability of the coupons by delivery merely. And it is hereby representee and certified, that all acts, condi tions and things requisite accord ing to the laws and constitutior A the State of Iowa, to be done precedent to the lawful issue of this bond have been performed as required by law, and that the total indebtedness of said City, including this bond, does not ex- ceed the constitutional or statutory [imitations. IN TESTIMONY WHEREOF, said City by its Council, has caused this bond to be signed by its Mayor and attested by its City Clerk with the seal of said City affixed this 1st day of March, 1969. ...................... Mayor Attest: .................................................. City Clerk (FORM OF COUPON) DUBUQUE IOWA No. ........ $....... The Treasurer of the City of Dubuque, Iowa, will pay to bearer $........ on the 1st day of ............. 19...., at his office in the City of Dubuque, Iowa, for .... months in- terest on its Airport Bond, dated March 1, 1969, No. ......... .......................................................... City Clerk of Dubuque, Iowa On the back of each bond there shall be endorsed a certificate of the City Treasurer in the follow- ing form: (FORM OF CITY TREASURER'S CERTIFICATE) This bond has been duly and properly registered in my office as of the 1st day of March, 1969. .......................................................... City Treasurer of Dubuque, Iowa There shall also be printed on the back of the bonds the follow- ing form of registration: REGISTRATION OF OWNERSHIP Date of Registration Special Session, April 14, 190N 161. In Whose Name Registered ..................................... signature of City Treasurer ....................................................... ....... .... ............................................ ............................................ Section 4. That there be and there is hereby levied the follow- ing; direct Airport tax on all of the the taxable property Municipality of Dubuque, Iowa, to" wit: Year of Amount Expear of nditure Levy 1969 $34,888.00 1970 1970 $29,400.00 1971 1971 $28,300.00 1972 1972 $27,200.00 1973 1973 $26,100.00 1974 Section 5. That said tax shall be collected each ),car at the same time and in the: same manner as, and in addition to, all other taxes in and for said Municipality, and when collected they shall be con- verted into a fund to be known as the "AIRPORT BOND FUND 1969", which is hereby pledged for, and shall be used only for the payment of the principal and in- terest of the bonds hereinbefore authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes re- ceived by the Municipality from railway, express, telephone and telephone companies and other taxes assessed by the Iowa State Department of Revenue. Section 6. All moneys held in the "AIRPORT BONI) FUND 1969" provided for by Section 5 of this Resolution shall be deposited in banks which are members of the Federal Deposit Insurance Corpo ration and the deposits in whict are insured thereby, and all suet deposits exceeding $15,000.00 ii any one bank shall be continuous ly secured by a valid pledge o direct obligations of the Unite, States Government having a equivalent market value. Section 7. That interest an principal coming due at any tim 'hen the proceeds of said tax on and shall be insufficient to pay he same, shall be promptly paid ,,hen clue from current funds of aid Municipality available for hat purpose, and reimbursement ,hall be made from such special Iund in the amounts thus ad- vanced. Section 8. That this resolution -onstitutes a contract between ;aid Municipality and the pur- chaser of the bonds; that when said bonds have been executed as aforesaid, they shall be delivered to the Treasurer of said Municipal- ity who shall register the same in a book provided for that purpose and shall thereupon deliver said bonds to the purchaser thereof, as directed by the Council upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon. Section 9. That a certified copy of this resolution be filed with the County Auditor of Dubuque County, Iowa, and that said Audi- tor be and he is hereby instructed in and for each of the years 1969 to 1973, both years inclusive, to levy and assess the tax hereby authorized in Section 4 of this resolution, in like manor as other taxes are levied and assessed; and that such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of said Municipality are collected, and when collected pe uof sed for the purpose principal and interest on said bonds issued in anticipation of said tax, and for no other purpose whatsoever. Section 10. That there be print- ed on the back of each bond here in authorized to be issued, a copy of the legal opinion of Ahlers, Cooney, Dorweiler, Allbee & llay- nie, Attorneys, of Des Moines, Iowa, under the certificate of the Clerk certifying en of a5aeasbeing a true copy certifi- cate to bear the facsimile signa. lure of said Clerk. Passed and approved, this 14th day of April, 1969. i Walter A. Pregler Mayor Attest: Leo F. Frommelt Clerk 162) Special Session, April 14, 1969 Councilman Meyers moved adop- WHEREAS, said plat has been the resolution. Seconded examined by the City Council and tion of by Councilman McCauley. Carried they find that the same conforms by the following vote: to statutes and ordinances relating Mayor pregler, Council- thereto, except that street grades Yeas — Meyers, McCauley. have not been established, the men Couchman, streets brought to grade, or pav- Nays—Councilman Schultz. ing, sewer or water installed; April 10, 1969 NOW THEREFORE, BE IT RE- SOLVED by the City Council of Honorable Mayor and the City of Dubuque, Iowa: Cou,uil Members Section 1. That the dedications Gentlemen: Zoning of Rosemont Street, Creston Street The City Planning and has reviewed a final and the north one-half of Pennsyl. Commission plat of Block 1, Block 2 and Block vania Avenue, together with the easements for public utilities as 3 in Mettel-Byrne Addition. the same appear upon said plat, The Commission has found that be and the same are hereby ac - this plat conforms to the proposed cepted; plat for this area and meets the the Section 2. That the plat of Block minimum requirements for Subdivision Regulations. It is the 1, Block 2 and Block 3 in Mettel- recommendation of the Commis- Byrne Addition in the City of Du - sion that this plat approved. hereby approved and the Mayor ly submitted, Respectfully and City Clerk are hereby author - PLANNING AND ized and directed to endorse the ZONING COMMISSION approval of the City of Dubuque, Don Gilson, Director Iowa, upon said plat, provided the owners of said property herein Councilman Meyers moved ap- named, execute their written ac- proval of the recommendation. ccptance hereto attached agreeing: Seconded by Councilman Couch- (with the exception of the north man. Carried by the following one-half of Pennsylvania Avenue). vote: a. To reduce all streets to grade Yeas — Mayor Pregler, Council- and to construct concrete curb men Couchman, Meyers, McCauley, and gutter and to hard surface Schultz. Rosemont Street and Creston Nays—None. Street with bituminous con- crete, or with concrete paving with integral curb, all in ac - Resolution Approving the Plat cordance with City of Dubuque of Block 1, Block 2 and Block 3 in standard specifications; Mattel -Byrne Addition in the City b. To install sanitary sewer mains of Dubuque, Iowa, and sewer service laterals in WHEREAS, there has been filed accordance with plans sub - with the City Clerk a plat of the mitted with the plat; Subdivision to be known as Block c. To install water mains and wa- 1, Block 2 and Block 3 in Mettel- ter service laterals in accord. Byrne Addition in the City of Du- ance with plans submitted with buque, Iowa, by Mettel Realty & the plat; Investment Co.; and d. To install storm sewers and WHEREAS, upon said plat ap- catchbasins in accordance with pear streets to be known as Rose- plans submitted with the plat; mont Street, Creston Street and e. To install concrete sidewalks as the north one-half of Pennsylvania required by Ordinances, and Avenue, together with certain pub- where directed by the City En- lic utility easements which the gineer and the City Manager; Owners by said plat have dedicat- f. To construct the foregoing im- ed to the public forever; and provements in accordance with WHEREAS, said plat has been plans and specifications ap- examined by the City Planning proved by the City Manager, and Zoning Commission and had under the inspection of the I its approval endorsed thereon; and City Engineer, and in a manner Special Session, April 14, 1969 163 approved by the City Manager; I g To maintain the foregoing im- provements for a period of four (4) vears from the dat of their acceptance by the of Dubuque. Iowa; h To provide the foregoing con. struction and maintenance at the sole expense of the Subdi- vider, Mettel Realty & invest- ment Co., as owner; i, To constructsaid improvements, except sidewalks, prior to April 1, 1971, and to construct. the sidewalks prior to April 1, 1973; j. To pay special assessments on Pennsylvania Avenue for curb and gutter, street and water when installed by City of Du- buque and to provide side- walks when required to do so. and further provided that said Mettel Realty & Investment Co., as owner of said Subdivision, se- cure the performance ofh no. going conditions by providing se- curity in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Met - tel Realty & Investment Co. shall fail to execute the acceptance and furnish 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 approved by unanimous recorded roll call this 14th day of April, A.D., 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchmar Councilmen Attest: Leo F. Frommelt City Clerk and agree to perform the condi- tions required therein. Dated at Dubuque, Iowa, this 30th day of April, 1969. /s/ C. E. Mettel President /s/ A. J. Mihm Sec.-Treas. To: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 94-69 has been furnished by the owners. Dated at Dubuque, Iowa, this 30th day of April, 1969. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 9469 We, the undersigned C. E. Met - tel, President, and A. J. Mihm, Sec.-Treas. of Mettel Realty & Investment Co., having read the terms and conditions of the fore- going Resolution No. 94-69 and be- ing familiar with the conditions thereof, hereby accept the same Council Meyers moved approval of the resolution subject to provi- sion of curb & gutter and side- walk inclusion. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Dubuque Planning and Zoning Commission, Dubuque, Iowa April 8, 1969 Mr. Gilbert Chavenelle, City Manager. Dear Mr. Chavenelle—The Plan- ning and Zoning Commission has reviewed the site location, build- ing plans and specifications for the Central Fire Headquarters, to be located at 9th Street and Cen- tral Avenue. fans We find the location and p to be in keeping with the standards for good planning for the City of Dubuque and herewith give our unanimous approval. Sincerely yours, Thomas M. Flynn, Vice Chm. Councilman McCauley moved that the communication be re- ceived and filed. Seconded by Ma- yor Pregler. Carried by the fol- lowing vote: Yeas --Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. Communication of Durra inger-Dommer-Kramer & Gordon Architects, submitting construct tion documents for the construe- 164 Special Session, April 14, 1969 tion of the Dubuque Fire Head- quarters to be built at 9th & Cen- tral Avenue, presented and read. Councilman Couchman moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 95.69 Preliminary Estimate and ap. proval of proposed plans, specifi- cations, form of contract, and all other documents for the construe - tin of Firepartment Headquarters building at Ninth and Central Ave- nue at an estimated cost of $578,- 076.00, presented and read. Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. RESOLUTION NO. 96.69 Resolution providing for notice of h-aring on proposed plans, specifications and form of con- tract for the erection and con- struction of a fire department headquarters building to be located at Ninth and Central Avenue in the City of Dubuque, Iowa for the City of Dubuque, Iowa. WHEREAS, the City of Du- buque, Iowa proposes to erect and construct a fire department head- quarters building to be located at Ninth Street and Central Avenue in the City of Dubuque, Iowa for the City of Dubuque, Iowa; and WHEREAS, the City of Du- buque, Iowa has caused plans and specifications to be prepared for the construction and erection of said fire department headquarter - building for the City of Dubuque Iowa, which plans and specifica tions have been prepared by Dur rant - Deininger-Dommer-Kramer Gordon, architects -engineers, ane which plans and specifications arc dated April 14, 1969 and that th( total estimated costs thereof is it the amount of $578,076.00; and WHEREAS, it is necessary t( fix a time and place of hearing on said proposed plans and spec ifications and form of contract and Lo give notice thereof. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plans and specification and form of contract referred to in the preamble hereof be and the same are hereby adopt. ed subject to notice of hearing hereinafter provided and the 5th day of May, 1969 at 7:30 o'clock P.M., (Daylight Saving Time) at the Council Chambers in the City Hall of 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 the construction and erection of a fire department head- quarters building to be located at Ninth Street and Central Avenue, in the City of Dubuque, Iowa for the City of Dubuque, Iowa. Section 2. That the City Clerk is hereby authorized and direct- ed to give notice of hearing on said proposed plans, specifications and form of contract by publica- tion of such notice at least once, not less than ten (10) days prior to date fixed for said hearing in the "Telegraph -Herald", a news- paper published in the City of Dubuque and having a general circulation in said city. Said no- tice shall be substantially in the following form: Notice of public hearing on proposed plans, specifications, and proposed form of con- tract, covering the erection and construction of a fire de- partment headquarters build- ing at Ninth Street and Cen- tral Avenue in the City of Dubuque, Iowa, for the City of Dubuque, Iowa. PUBLIC NOTICE It is hereby given that the City Council of the City of Dubuque, Iowa will meet on the 5th day of May, 1969 at the Council Chamber in the City Hall of Dubuque, Iowa at 7:30 o'clock P.M. Central Daylight Sav- ing Time for the purpose of con- ducting a public hearing on the proposed plans, specifications and form of contract for the erection and construction of a fire depart- ment headquarters building to be located at Ninth Street and Cen- tral Avenue in the City of Du- Special Session, April 14, 1989 185 buque, Iowa for of Du- buque, Iowa. Thep Posed plans, specifications and form of contract have been prepared by Durrant 1 Deininger-Dommer.K rnow i architects -engineers, and are the Cit on file in the office ellf Dubuque 1 Clerk in the City Hall, Iowa. The project consists gen- erally of a Central Fire Headquar- ters building with Civil Defense Center and Central Fire Alarm system; the station has a one story apparatus floor for fire trucks and a three story section with sleeping liv- ing quarters and rooms, community meq meeting room. The total estimated costs thereof is in the amount of $578,076.00. interested At such hearing any person may appear and file objec- tions to the proposed plans, spec- ifications and form of contract or the cost of such improvements. E CITY BY ORDER OF COUNCIL, dated the 14th day of April, 1969. Leo F.Frommelt, City Clerk Section 3. That all resolutions or parts in th be and the (same oareicherebyhere re- baled and leffecti a folrthwithuupon tion shall e sage and approval. Passed, approved and adopted this 14th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, McCauley Schultz. Nays—None. RESOLUTION NO. 97-69 Resolution providing for the tak- ing of bids for the erection and construction of a fire depart- ment headquarters building at Ninth Street and Central Ave- nin in the City of Dubuque, Iowa for the City of Dubuque, Iowa. WHEREAS, it is necessary and dvisable in order to promote and irotect the public safety that a ire department headquarters wilding to be located at Ninth Areet and Central Avenue in the ,ity of Dubuque, Iowa be erected and constructed; and WHEREAS, proposed p 1 a n s, specifications and form of con- tract for said fire department headquarters building to be lo- cated at Ninth Street and Central Avenue in the City of Dubuque, Iowa have been prepared by Dur- rant - Deininger-Dommer-Kramer- Gordon, architects -engineers, and are now on file in the office of the City Clerk and it is necessary to fix a time and place of taking bids for the construction and erec. tion of said improvement. NOW THEREFORE BE IT AND IT IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. That on the 15th day of May, 1969 at 10:30 o'clock A.M., Central Daylight Saving Time at the office of the City Clerk in the City Hall in the City of Dubuque, Iowa is hereby fixed as the time and place of taking bids for the construction and erection of the said fire department headquarters building to be located at Ninth Street and Central Avenue in the City of Dubuque, Iowa. 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 Dubuque, Iowa and having a gen- eral circulation in said city, the first of which publication in said newspaper shall be at least fifteen (15) days prior to the date fixed for receipt of bids. Said notice the fol - shall be substantially in lowing form: NOTICE OF TAKING BIDS FOR THE CONSTRUCTION AND EREC- TION OF THE FIRE DEPART- MENT HEADQUARTERS BUILD' ING TO BE LOCATED AT NINTH STREET AND CENTRAL AVF- NUE IN THE CITY OF DUBUQUF-' Special Session, April 14, 1969 Iowa for the city of Dubuque, Iowa Public notice. It is hereby given that seal proposals endorsed Fire Department Headquarters building will be recieved by the City of Dubuque, Iowa at the office of the City Clerk in the City Hall Special Session, April 14, 1969 167 the return of the plans and spec- ifications, transportation prepaid, in good condition, within ten (10) days after the opening of the 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 domestic labor. No bid may be withdrawn within a period of thirty (30) days from and after the date fixed for open- ing bids. The City reserves the right to reject any or all proposals and the contract will berded to the lowest responsible bid Published upon order of the City Council, City of Dubuque, Iowa. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Section 3. That all provisions set out in said proposed form of notice are hereby recognized and prescribed by this City Council and that all resolutions or orders or parts thereof to the extent that same may be in conflict herewith are hereby repealed. Passed, approved and adopted this 14th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk CLASS "B" BEER PERMIT Raymond Ney, 2186 Central Ave- nue Councilman McCauley m o v e d adoption of the resolution. Sec- onded by Councilman Meyers. Car• ried by the following vote: Yeas --Mayor Pregler, Council men Couchman, Meyers, McCauley Schultz Nays—None. RESOLUTION NO. 9869 WHEREAS, applications f o Beer Permits have been submitte, to this Council for approval an the same have been examine NOW TREREFORE, BE IT RESOLVED by the Cit Council of the City of Dubuqu, CLASS "C" BEER PERMIT E. J. McNamara, 10481050 Univer- sity Ave. Passed, adopted and approved this 14th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved odop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 9969 WHEREAS, applications f or Beer Permits were filed ts and they within named app iroyal of this have received the app 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 CouncilRF- SOLVED by hOf the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the named following med applicants a Beer Permit. CLASS "B" BEER PERMIT Raymond Ney, 2186 Central Ave- nue CLASS "C' BEER PERMIT I E. J. McNamara, 1048.1050 UBivOr' sity Ave. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same ere hereby approved. 168 Special Session, April 14, 1969 Passed, adopted and approved this 14th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 10069 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 Raymond Ney, 2186 Central Ave- nue Passed, adopted and approved this 14th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz 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—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz, NaYs•—None. RESOLUTION NO. 101.69 WHEREAS, applications for Liq. uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Raymond Ney, 2186 Central Ave- nue Passed, adopted and approved this 14th day of April, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Mr. Joseph Ragatz, exalted ruler of the Elks Club, presented a petition requesting permission to build a canopy over the sidewalk on the Locust Street side of the club. Councilman Couchman moved that the petition be referred to the City Manager and staff. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas ---Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Special Session, April 14, 1969 199 Couchman. Carried by the follow- ing vote: Yeas ---Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Leo F. Frommelt City Clerk 170 Special Session, April 18, 1969 CITY COUNCIL OFFICIAL Special Session, April 18, 1969. Council met at 4:30 P.M. (C.S.T.) Present—Mayor Pregler, Coun- cilmen Couchman, Meyers, Schultz. City Manager Gilbert 0. Chaven- elle. Absent—Councilman McCauley. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of author- izing a declaration of emergency and that the mayor be authorized to govern the city by proclamation during such state of emergency and acting upon such other bus- iness as may properly come before a regular meeting of the City Council. April 18, 1969 To the Honorable Mayor and City Council Gentlemen: The 1969 Emergency Flood Con- trol Plan was put into full opera- tion, Wednesday, April 16th. Con- struction of the main dikes, started April 1st, have been completed. Secondary dikes are being con- structed. Pumps have been in- stalled and are in operation. Vol- unteer sandbaggers started work Thursday, April 17th. Letters have been sent to the Iowa National Guard and the U.S. Coast Guard requesting their as- sistance beginning at 4:00 I'.M.. Friday, April 18th. The city staff has been assigned to shifts cover- ing the 24 hour day. The U.S. Corps of Engineers have committed to emergency dike construction and pumping approx- imately $230,000. The city, as of April 16th, has committed about $32,000. I estimate the total cost of the 1969 flood to be $550,OOC without considering damage costs Of this amount, about $320,00( will be tire obligation of the city I will use every available mean: to finance this obligation. For the present, arrangements have beer made to "stamp" warrants as evi dente of indebtedness. I request your consideration ,)f:- 1) A resolution authorizing the city manager to make appli- cation for Federal disaster assistance. 2) A resolution authorizing the city manager to represent the city in coordination with State officials. 3) A resolution authorizing the city manager to incur cite indebtedness for emergency flood protection. 4) A resolution authorizing the Mayor's Proclamation of Emergency. I am enclosing for your informa- tion a copy of the 1969 Emergen- ev Flood Protection Plan and an estimate of the 1969 Flood Ex- pense. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 102.69 WHEREAS, the flood waters of the Mississippi River threaten to wreak damage upon persons and property in the City of Dubuque, Iowa during April 1969; and WHEREAS, the City of Du- buque, Iowa is undertaking by emergency action to protect the inhabitants of the City of Du- buque, Iowa from such damage; and WHEREAS, the State Civil De- fense Division has been assigned the responsibility for disaster re- lief coordination. NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That Gilbert D. Chav- enelle, City Manager, be and he is hereby authorized to represent and act for the City of Dubuque, Iowa in matters of disaster relief undertaken with officials of the State of Iowa. Special Session, April 18, 1969 _ 171 Passed, adopted and approved this 18th of April 1969, Walter A. Pregler Mayor 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 Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 103-69 BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, THAT Gilbert D. Cbave- nelle, City Manager, be and he is hereby authorized to execute for and in behalf fthe ent tyCity of e.stab. Dubuque, a public lished under the laws 1) s of hand ate. of lowa, this application State file it in the appropriate office for the purpose of obtaining certain Federal financial assistance under the Federal Disaster Act (Public Law 875, 81st Congress; 42 t1.S.C. 1855-18559). Passed and approved this 18th day of April, 1969. Walter A. Pregler Mayor emergency action to protect the inhabitants of the City of Du- buque. Iowa from such damage and is incurring indebtedness in connection therewith. NOW THEREFORE BE IT RE- SOLVFD BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the issuance of warrants of the City of Dubuque for the purpose of evidencing of indebtedness to the various cred- itors who furnish labor, material and supplies to the City of Du- buque in connection with the work performed to protect against the flood waters of the Mississippi River in the Spring of 1963 be and the same are hereby ap- proved. Section 2. That the City Manager of the City of Dubuque, Iowa be and is hereby ordered and direct- ed to take any action necessary and within the framework of the law to finance the payment of said indebtedness. Passed, adopted and approved this 18th day of April 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays --None. Absent ---Councilman McCauley. RESOLUTION NO. 10469 WHEREAS, the flood waters of the Mississippi River threaten to wreak damage on persons and property in the City of Dubuque, Iowa during April 1969; and WHEREAS, the City of DU' buque, Iowa is undertaking by Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Council- men Pregler, men Couchman, Meyers, SchuN.z. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 105-69 WHEREAS, it is anticipated that the Misgissipl)i River will inundate certain areas of the City of Du- buque by reason of flood waters of said River; thereby threatening the health, safety and welfare of the inhabitants of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE - CITY COUNCIL OF J THE vED B CITY OF ODUBUQUE, IOWA: Section o f Dubuque, the Iowa ayor of t Che ity be and he is hereby authorized and e:mpow- I72 gperiai SeKgian. April 19, I90%1 Bred to derlarp a state of public danger or emorgeney at 110'h ticae as in his judgmentthe finod wa- tera of the. lfiaatssippr P.iver war- i rant .such dprlaratinn. feette" 1. That the. Maynr of the City of Dub .wtue. Iowa he and he is hereby authorized and em- pow,red to Rnvern the City of Dubuque by Proclamation during .such state of public danger or emergency tmtil such time as in the, Mayor's judgment such public danae.r nr emergency no loner exists PaAsed, approved and adopted this lP,th day of April, H^, Walter A. Pregler Mayor Mprlin F. Schultz Donald R :Meyers Gaylord M. Couc.hrran Gounciln" Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yea* Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays --None. Absent --Councilman McCauley. PROCLAMATION of WALTER A. PREGLER Mayor of the City of Dubuque, Iowa WHEREAS, it is anticipated that the Mississippi River will inun- date certain areas of the City of Dubuque by reason of flood waters of said River, thereby threatening the health, safety and welfare of the inhabitants (of the City of Dubuque, Iowa; and WHEREAS, in my judgment as Mayor of the City of Dubuque, Iowa a state of public danger or emergency should be de- clared as a result of the flood waters of the Mississippi River twesenlly threatening the health, safety and welfare of the in. habitants of the City of Du, buque, Iowa, NOW THEREFORE BY VIRTUE OIP THE POWERS VESTED IN THE MAYOR BY THF LAWS OF 111E STATI: OF IOWA AND BV RESOLUTION OF THE CIT V COU NCiL OF DL -BL: Qi_B, IOWA. L W.ALTER A. PREGji_ER. MAYOR OF THE CITY OF DLBT QLM IOWA. DO HEREBY DECLARE AN"D PROCLAIM AS FOLLOWS. Section 1. That a state of public danger or emergency, in my ;udg- rnent. exists ir; the City of Du- buque. Iowa. by reason of the flond waters of the Mississippi River 1hrpateninq the health. safe- ty and welfare of the Inhabitants of the City of Dlibuque, Iowa. Section 1 That effective at 6.00 o'clock P M. on this 18th day of April 1^6.9, Central Standard Time. that the City of Dubuque. Iowa. shall be governed by PROCLAMA- TION of the Mayor during such stats- of public danger or emer- gency and such government by PROCLAMATION of the Mayor shall continue until such time as in the judgment of the Mayor such public danger or emergency no longer exists. WTr.\'ESS WHEREOF I have hereunto affixed my signature and caused the seal of the City of Dubuque to be affixed hereto on this 18th dad. of April 1969. Walter A. Pregler. Mayor of City of Dubuque, Iowa Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ap- proval of the Proclamation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 106-69 Authorizing the publication of notice of sale of project notes (First Series 1969) and the re- ceiving of proposals for the sale of said notes for the Downtown Urban Renewal Project Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque entered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, under date of April 7, 1969, the Council of the City of Dubuque adopted Resolution No. 87.69 authorizing to be issued, Special Session, April 18, 1969 173 from time to time, Project Notes in connection with the Downtown Urban Rewl Project, Iowa R-15, regat ag in an agg ge principal amount outstanding at any one me of not to exceed $8,624,313; and WHEREAS, under date of May 14, 1968, the Council of the City Of' Dubuque authorized the issu- ance and sale of its Preliminary Loan Notes in the aggregate prin- cipal amount of $4,975,000 to finance certain undertakings in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in order to refi- nance the outstanding Preliminary Loan of Dubuquees it is n to Cfor the ity Project Notes (First Series 1969) 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 law "Notice of Sale -Project Notes" in the form of Exhibit "A" attached hereto and made a part hereof. SECTION 2. That the City Clerk be and he is hereby authorized and directed to accept and tabulate proposals for the sale of said notes and to send telegrams of accep- tance to the low bidder or bidders all in accordance with instructions covering such transactions as pro- vided by the Department of Hous- ing and Urban Development, Unit- ed States of America. SECTION 3. That a special meet- ing of the Council of the City of Dubuque shall be held after the bid opening date of May 6, 1969 to adopt such resolution or resolu• tions necessary for the consumma- tion of the sale of Project Note, (First Series 1969) to the lowest bidder or bidders. Passed, approved and adopte( this 18th day of April, 1969. Waster A. Pregler Mayor Donald R. Meyers Gaylord M. Couchma Councilmen Attest: Leo F. Frommelt City Clerk NOTICE OF SALE— PROJECT NOTES CITY OF DUBUQUE, IOWA Name of Local Issulny A9eney) Sealed proposals will be re- :eived by City of Dubuque, Iowa herein called the "Local Issuing kgency") at Council Chambers, ^ity Hall, 13th & Iowa in the City A Dubuque, State of Iowa, until, and publicly opened at, one o'clock P.M. (E.D.S.T.) on May 6, 1969, for the purchase of $4,975,000.00 of Project Notes (First Series 1969), being issued to aid in financing its project(s) as follows: Amount $4,075,000 Series First Series 1969 Maturity October 17, 1969 The Notes will be dated June 6, 1969, will be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the proposal or proposals accepted for the pur- chase of such Notes. All proposals for the purchase of said Notes shall be submitted in a form approved by the Local Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuing Agency at the address indicated above. Detailed information with respect to the conditions of this sale may be obtained from the April 22, 1969 issue of The Daily Bond Buyer. City of Dubuque, Iowa By Leo F. Fommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers. Nays—None. Not voting Councilman Schultz. Absent --Councilman McCauley. There being no further business Councilman Couchman moved to 174 Special Session, April 18, 1969 adjourn. Seconded by Mayor Preg. ler. Carried by the following vote: Yeas --Mayor Pregler, Council- men Couchman, Meyers. Schultz. Nays --None. Absent—Councilman McCauley. Leo F. Frommelt City Clerk Approved ........ August 4, 1969. Adopted .......... .... August 4, 1969. Regular Session, May 5, 1969 175 flit COUNCIL OFFICIAL ' Regular Session, May 5, 1969. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Coun- City nelle. Absent—Councilman McCauley. Mayor Pregler 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 actiupon such ome before the may properly meeting. PROCLAMATION of Walter A. Pregler Mayor of the City of Dubuque, Iowa WHEREAS, effective the 18th day of April 1969, at 6:00 P.M., Walter A. Pregler, Mayor of the City of Dubuque, Iowa, issued a PROCLAMATION proclaiming that the City of Dubuque shall be gov- erned by "PROCLAMATION" of the Mayor during the state of pub• lie danger or emergency resulting from flood waters of the. Missis- sippi River threatening the health, safety and welfare of the inhabi- tants of the City of Dubuque, Iowa, and further proclaiming such gov- enment by PROCLAMATION of the Mayor continue until such time as in the judgment of the Mayor such public danger or emergency no longer exists; and WHEREAS, in my judgment as Mayor of the City of Dubuque, Iowa, a state of public danger or emergency no longer exists. NOW THEREFORE BY VIRTUE OF THE POWERS VESTED IN THE MAYOR BY THE LAWS OF THE STATE OF IOWA, 1, WAL TER A. PREGLER, MAYOR OF THE CITY OF DUBUQUE, IOWA DO HEREBY DECLARE: AND PRO CLAIM AS FOLLOWS: Section 1. That in my judgmen there no longer exists a publi danger or emergency in the Cit; of Dubuque, Iowa, by reason of th flood waters of the Mississipl River threatening the health, safet and welfare of the inhabitants c the City of Dubuque, Iowa. Section 2. That effective at 7:30 I.M. on the 5th day of May, 1969, 'entral Daylight Saving Time, that he government of the City of Du- nique, Iowa, by PROCLAMATION if the Mayor be and the same is tereby terminated. IN WITNESS WHEREOF I have aereunto affixed my signature and ,aused the seal of the City of Du- buque to be affixed thereto on this 5th day of May, 1969. Walter A. Pregler Mayor, City of Dubuque, Iowa Attest: I.eo F. Frommelt, City Clerk Councilman Schultz moved that the Proclamation be made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays --None. Absent—Councilman McCauley. IOWA STATE: DEPARTMENT OF HEALTH l nvironmental Engineering Service 11. J. Houser, M.S., P.E., Chief 28 April 1969 Leo F. Frommelt City Clerk Attention: Honorable Mayor and Council Notice # 69.21-W Test Wells, Piezometer Holes, and Test Well # 1 Pump Installation Dubuque, Iowa Gentlemen: We are hereby approving the sanitary and functional features for the above noted project. We are retaining one copy of the approved specifications for the files of this Department and for- warding one to our Regional Office for their information. The plans and specifications were submitted to us by the Henningson, Durham & Richardson, Inc., of Omaha, Ne- braska in conjunction with Cullen. Schiltz & Associates of Dubuque for our review and approval. I Very truly yours, P. J. Houser, Chief cc: Henningson, Durham & Richardson, Inc., j Omaha, Nebraska y Regional Office No. 1, ISDN f Councilman Meyers moved that the communication be received and 176 Regular Session. May 5, 1969 made a matter of record. Seconded by Councilman Couchman. Carried by the following vote: Yeas—MayorPregler, Council- men Couchman, Meyers, Schultz Nays—None. Absent—Councilman McCauley. Communication of Alfred E. Hughes, Attorney,t addressed of Gent Wittenberg, Department Urban Renewal, advising that his client that showed interest in the purchase of urban renewal land has made other arrangements to seek land outside the Urban re- newal area due to the fact that no response had been forthcoming as of April 23, 1969, correspondence presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote, Yeas—MayorPregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. April 16, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: Please be informed that the Commission has complied with the City Manager's request under date of March 11, 1969, to arrange for a Civil Service Examination for the position of Electrical Inspector 1. The examination was set for April 16, 1969. The usual newspa. per publication and advertisement on radio and various other contacts were made in the hope of finding someone who would take the ex- amination and be able to qualify for the position. We are sorry to report that no applicants were available at the time set for the examination of April 16, 1969. Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt Clerk Councilman Meyers moved that the communication be received and made a matter of record. Second- ed by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, Schultz Nays—None. Absent—Councilman McCauley. April 15, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi. sions of Chapter 365 of the Code of Iowa, 1966, the Civil Service Commission conducted PROMO- TIONAL EXAMINATIONS on April 9, 1966 for members of the Police Department for Captain and Sergeant -Detective. The following is a list of police- men who passed the written exami- nations with an average of Seventy per -cent or better. CAPTAINS Rettenmeier, Thos. R. 73.5% Sutton, Paul R 71.2% SERGEANT -DETECTIVE Horch, Navall T. Sr. 78.0% Hynes, James C. 76.5% Lambert, Terrance F. 75.0% Lindauer, Edwin L. 74.5% Golinvaux, Cletus J. 74.0% Koerperick, Ronald L. 74.0% Lehman, Eugene J. 71.5% Link, Kenneth J. 70.5% All Promotions on the Police De- partment should be made from this list. Respectfully submitted. Louis F. Fautsch Chairman Gerard B. Noonan Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 15th day of April 1969. Eugene J. Berens Notary Public Mayor Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent --Councilman McCauley. May 2, 1969 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- Regular Session, May 5, 1969 177 aminations on April 2. 1969, for on the those seeking Poi Police Department. The following named persons have passed both the written and physical examinations and are hereby certified for appointment to the Police Department. Feltes, John J. 81% Winter, Robert H. 81,70 I,aPrcII, Melvin J. 72% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan Civil Service Commission by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz, Nays—None. Absent—Councilman McCauley. May 5, 1969 Po the Honorable Mayor and Members of the City Council ;entlemen: In accordance with the provi- sions of Chapter 365 of the Code of Iowa 1966, the Civil Service ommission conducted Promo- tional Examinations on April 16, 1969 for members of the FIRE De- partment and submit the following list of those who have passed the examinations with an average of 70% or better. CAPTAINS NONE. LIEUTENANTS NONE EQUIPMENT OPERATORS Steil, Gerald J. 82.7 Steinberg, Edward 80.9 % Lampers, John 79.0917c Coleman, Edward A. 76.3 % Maroney, Daryl L. 71.8 % Roepsch, Richard 7 0. 0 % FIRE MARSHAL NONE All promotions on the FIRE 1 Department should be made from this list. 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 5th day of May 1969. Violet Savary Notary Public Mayor Pregler movedthat the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. April 23, 1969 Honorable Mayor and ,4embers of the Dubuque City Council Gentlemen: i On behalf of the citizens of Du- i buque, the Citizens Advisory Com• Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 2 day of May 1969. Harry M. Funk Notary Public Mayor Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yens.—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. May 2, 1969 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 2, 1969, for those seeking positions on the Fire Department. The following named person has passed both the written and physi- cal examination and is hereby cer- tified for appointment to the Fire Department. Peter, Gerald A. 87.5%n Respectfully submitted, Louis F. Fautsch Chairman Gerard 13. Noonan Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to befuri me this 2 day of May 1969. Harry M. Funk Notary Public Mayor Pregler moved that th communication be received an made a matter of record. Seconds 178 Regular Session, May 5, 1969 mission wishes to extend congratu- lations and sincere thanks to the Mayor, City Council, City Manager, Engineering Department, all other departments and city employees, for the outstanding job they have done in controlling the present flood. The excellent planning and effi- cient preparations make it easy to forget that we are experiencing one of the worst floods in our city's history. Only when we recall the devastating results of lesser floods in the early 1950's, can we begin to appreciate the tremendous hard- ships averted by their countless hours of hard work and their dedication. You can certainly be proud of a most difficult job well done. Respectfully yours, DUBUQUE CITIZENS ADVISORY COMMISSION Donald L. Klauer Public Relations Chairman Councilman Schultz moved that the communication be received and made a matter of record. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley, Mr. John White April 16, 1969 City Engineer Dear John: The following is a list of costs and computation concerning the Phil Powers-l-lillerest Road sani- tary sewer recently completed: (1) For 2002 L. F. of sewer $11,- 175.08 or $5.58195 per foot contract cost. (2) For City Inspection Cost on Phil Powers 1667 feet of sewer _- $481.39 or $0.288776 per foot contract cost (3) For Engineering Cost on 2002 L. F. of sewer $1,583.27 or $0.790844 per foot engineering cost. Total $6.66157 per foot cost both sides of street (4) Powers sewer is 1667' long, therefore 1667 x $6.66157 $11,104.84 overall cost (5) Assessable Frontage: On Hillcrest in Powers Property 1727 L. F Lot a, Block 22, "Key Knolls Sub." 773.9 L. F Total 2500.9 L. F 6) Then: $11,104.84 =- 2500.9 L. F. $4.44 which would be the per front foot hook-up charge Richard H. LeMay Bartels, McMahan & LeMay Engineering Co. Phillip A. Powers State of Iowa } ss: County of Dubuque 1 On this 16th day of April, A. D., 1969 before me a Notary Puble in and for Dubuque County, Iowa, personally appeared Richard H. LeMay and Phillip A. Powers to me known to be the identical persons named in and who executed the foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. Robert M. Haas Notary Public in and for said County My commission expires July 4, 1969 Mayor Pregler moved that the certificate be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. May 1, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hearing on the following proposal: To reclassify from Multiple Family to Single Family, lots I of 3, 2 of 3, and 3 of 3 in Block 4 and lots 1 and 2 in Block 5 and lots 2 through 11 in Block 6, all in Westchester Subdivision. To include in Article IV, Sec- tion 2(h) of the Multiple Resi- dence District Regulations, lots 3, 4, 5, of Block 5 in Westches- ter Subdivision (this would in- clude professional offices as a permitted use on these lots). This property is located on the west side of Kennedy Road and abuts Foothill Road. The area con- sists of 18 lots. Of these, seven are occupied by single family resi- dences, three are occupied by four unit apartment houses and eight are vacant. Regular Session, N1 a), 5, 1989 179 The Commission has studied sev- I v eral proposals for zoning of this r area. The Commission reviewed a c request to have lots 3, 41 5 in t Block 5 included in the profession- al office provisions of the Zoning 1 Ordinance. Residents of the area i appeared before the Commission and stated strong objections to , this request. On January 9th the Commission sent a recommenda- tion to the Council that it not be approved. This recommendation .pas concurred in by the Council. The Commission then considered a request from the ertv nresidents area have all the property reclassified from Multiple Resi- dence to Single Family Residence. The Commission had a hearing on this proposal and in a letter dated February 14th, the Commission recommended the request be ap- proved. Following this the residents of the area changed their request after learning that building per- mits for four -unit apartments had been taken out for all of the vacant lots and that the permits would be valid even if the zoning was changed. They then submitted a new request which was a ne- gotiated agreement between them- selves and the owners of the vacant lots and holder of the build- ing permits. In this request they asked that the original request for professional office classification of the three lots at the corner of Kennedy Road and Foothill be reconsidered and approved. They also ask that the other lots be classified Single Family. They stated that the holder of the build- ing permits had agreed to give up some of the multiple residence permits if his original request to have the three lots at the corner of Kennedy Road and Foothill in- cluded in the professional office provision, was approved. The Commission then held a hearing on this proposal. In giv ing consideration to it the primar3 concern of the Commission wal whether or not an appropriate us' of the three lots at the corner o Foothill and Kennedy Road wouli include professional offices. It was the opinion of the Com mission that the situation at thi corner was no different than th situation at many similar cornet along Kennedy Road and that could not be appropriate to per - ,it professional office buildings n each of the corners. For this eason it was the opinion of the lommission that it was not ap- )ropriate to permit an office build - ng on this particular corner. It is the recommendation of the Tanning and Zoning Commission .hat this proposal not be approved tnd that the recommendation that was submitted to the Council by letter, dated February 14th, be reconsidered by the Council. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Schultz moved that the recommendation of the Plan- ning & Zoning Commission be overruled. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Councilman Couchman, Meyers, Schultz, Nays—Mayor Pregler. Absent—Councilman McCauley. Mayor 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 Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Attorney Robert Bertsch ad- dressed the Council as a repre- sentative of five residential own- ers in the area objecting to the recommendation of the Planning & Zoning Commission. The area was rezoned to Multiple while five locations were under single fam- ily construction. All property own- ers seemed to have agreed that because of the traffic that has been generated in the area, they would prefer to have three lots remaining rezoned for professional use. Mr. Parker, Hein, Kitchen, Weber, Kincannon stated that they would much prefer an office build. ing at Kennedy and Foothill Road r and not have it returned to a I single family district. Attorney Hal Reynolds addressed the Council as arepresentative of s Westchester Inc. requesting that e Lots 3 4 and 5 be rezoned to s office use or s ngleatfamily.except Both ,t tire area as ISO Regular Session, May 5, 1969 have been denied by the Planning & Zoning Commission. It dates back to March 17, 1967 as Single family classification and now it is all Multiple Family, and he. re- quested a rectification of the mis- take. From now on no more Mul- tiple residence classification in the area. Mayor Pregler moved that the rules be re -imposed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Schultz moved that the communication of Planning & Zoning Commission be referred to the City Attorney for proper pro- ceedings to rezone the area pur- suant to stipulation of petitioners. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- man Couchman, Meyers, Schultz. Nays --None. Absent—Councilman McCauley. May 1, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hearing on a proposal to reclassify from Multiple Residence to Bus- iness District, property described as: City lots 101 through 108 and all of City lots 137 through 140. This includes property in the Block bounded by Fifth Street on the south, Bluff Street on the west, Sixth Street on the north and Locust Street on the east, and is referred to as Tract "A", and the half block bounded by Locust Street on the east, Fourth Street on the south, the alley between Bluff and Locust on the west and Fifth Street on the north, and is referred to as Tract 'B". Tract "A" is occupied by a fill- ing station, the Federal Building and a rooming house. Tract "B" is occupied by a fill. ing station and repair garage and six residential structures. It was the opinion of the Com mission that this was in accord with the General Development Plan for the City of Dubuque and that it would permit. a logical ex- tension of commercial develop- ment in the downtown area at the present time. It is the recommendation of the Planning and Zoning Commission that this proposal he approved. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Pregler moved that action on the recommendation be de- ferred until the first meeting in July. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Mayor Pregler moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Mr. Paul Rossiter, architect now at 455 Main St., presently in the Urban Renewal area being readied for demolition wants a place to move to, outside the Urban re- newal area, along with a res- taurant and a cocktail lounge. The property u n d e r consid- eration for rezoning is owned by Mr. Anthony Rhomberg and is between 4th and 6th, Locust and Bluff. However in the spirit of not disrupting too many people and causing undue hardship on the city summer program in the area he would be agreeable to postponement of action at this time. Mrs. Caroline Wolf and a group of Do-It-Yourselfe rs stated that the rezoning would result in the eviction of her own family and five other families. It would destroy the Do It Yourself pro- gram which leases an apartment in the building to house volunteer college students who work with children for their room and board only, during the summer months. She pleaded for more time for both the summer program and the low income families, especially the Paul Perry family with thirteen Regular Session, May 5, 1989 181 children, who presently occupy m the premises. Rev. Ede of Loras College re quested a delay of action by the Council because over two hundred students are working in this pro- t gram. May 1, 1969 S Honorable Mayor and Council Members Gentlemen: ti The Citv Planning and Zoning e Commission has held a public hear- r ing on a proposal to reclassify from Two Family to Multiple Fam ily Residence, property described as: Lots 34, 35, 36, 83, 84 and lots 90 through 98 all in A. P. Woods Subdivision, lot 1, and lot 2 of lot 2 in McGrath's Subdivision and the westerly 76 feet of Lot 1, and lot 2 of Kirkwood Place. This property consists of 16 va- cant lots and 3 residential struc- tures. Several of the vacant lots are a part of an inactive stone quarry. Access to the presently undevel- oped area is from Blake Street— an unimproved street intersecting with Kirkwood Street. In viewing the area the Com- mission found that because of the steep topography and soil condi- tion that development for single family or two family structures would be difficult. Portions of the streets that are platted but improv- ed would be impractical to im- prove because of the steep grades. It was the opinion of the Com- mission that Multiple Residence. development of this area would permit a proper and efficient use of the land. It is the recommendation of the Planning and Zoning Commission that the area described above be reclassified from Two Family Resi- dence to Multiple Family Resi- dence on the Zoning Map. Respectfully submitted, PLANNING AND 'ZONING COMISSION Don Gilson, City Planner Mayor Pregler moved that the communication be referred to next week's meeting, scheduled for May 12th. Seconded by Councilman Meyers. Carried by the following vote: yeas -- Mayor Pregler, Council - en Couchman, Meyers. Nays — Councilman Schultz. Asent — Councilman McCauley. Communication of Gregory S. rancois requesting to be heard at he meeting of May 5th on the ubject of rezoning Woods and McGrath Subdivisions. Councilman Meyers moved that the cnmmunica- on be received and filed. Second - d by Councilman Couchman. Car- ied by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays — None. Absent — Councilman McCauley. Mr. Francois yielded to Attor. ney Van Etten. Petition of Harold Conzett et al t39 signatures) objecting to the pro- posed rezoning of lots in A. P. oods Addn., McGrath Subdivision and Kirkwood Place, presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays — None. Absent — Councilman McCauley. May 2, 1969 To the Mayor and City Council Gentlemen: 1, Dale Wernecke, the owner of Lots 34 through 36, 83, 84 and 90 through 98 of Woods Addition near Kirkwood and Blake Streets, here- by propose, if this area is rezoned to a multiple family district to furnish all improvements in Blake Street required by the City Engi- neer, including grading, water, sewer, sidewalks, curb and gutter and paving- I will assume all the costs of these improvements so that other property owners in the area will be freed from paying any part of the improvements neces- sary for the proposed 40 apartment project, 1 will, also, furnish a bond covering the completion of these improvements. Respectfully submitted, Dale Wernecke Councilman Meyers moved that the communication be r coweCouncd man and filed. Seconded by the Couchman. Carried by follow- ing vote: 182 Regular Session, May 5, 1969 Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Attorney Arnold VanEtten, rep. resenting the objecting property owners, to the proposed rezoning of property off Blake Street in A. P. Woods Sub., McGraths Sub., and Kirkwood Place, stated that his clients would suffer a lessen- ing in value of their properties despite Mr. Wernecke's offer to pay for the improving of Blake Street, and requested a denial of the Planning & Zoning Recom- mendation. Mr. Greg Francois stated that according to the pro- posal it shows that his property is being rezoned without proper notice. Attorney Wm. Fuerste, repre. senting Mr. Wernecke, stated that his client proposes to spend $400,000 in the area plus paying for the installation of the sewer, paving etc. of Blake street. The present plan calls for the construc- tion of some forty units. Mr. Harold Conzett of 895 Kirk- wood objected to the rezoning and was under the impression that the property was bought real cheap. Mr. Van Etten in rebuttal to Mr. Fuerste stated that this probably would only be the beginning and the area would keep on growing by lending itself to the construc- tion of more units. Mr. Paul Rossiter architect stated however that the proposed complex only covers eighty-two thousand square feet and at two thousand square feet per apart- ment, which is a code require- ment, you could only build forty one units. The area proposed for construction is the only level prop- erty and therefore is restricting itself to the construction of only forty-one units. Mayor Pregler moved that the rules be re -imposed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Communication of Mayor's In- dustrial Commission of the Du- buque Industrial Bureau, recom- mending sale of Lot 2 of Lot I Block 6, River Front Sub. #3 to Im W. S. Sheppley & Co., presented and read. Councilman Schultz moved that the communication be referred to the City Solicitor for proper proceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz, Nays—None. Absent—Councilman McCauley. April 22, 1969 To the Honorable Mayor and City Council Gentlemen: We have received a request from Mrs. Billington, 492 Hayden Lane, for an additional street light on Hayden Lane. The electrical inspector reports that Hayden Lane is approximately 250 feet long with a 4000 incandes- cent light located about half way which is shielded by interfering tree branches. The electrical inspector has re- quested the Park Department to trim back the interfering tree limbs and recommends that a 250 watt mercury vapor light be sub- stituted for the present incandes- cent light. It is expected that the new light fixture will give a much better light spread. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the recommendation of the City Manager be approved. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. April 25, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Treasurer, Water Depart. ment and City Auditor, as well as a list of claims for which warrants were drawn, for the month of March, 1969. Respectfully, Gilebrt D. Chavenelle City Manager Mayor Pregler moved that the reports be received and filed. Sec- onded by Councilman Couchman. Carried by the following vote: Regular Session, May 5, 1969 183 Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. I? Nays— Absent—Councilman Couchman. C Proof of Publication, certified to by the Publisher, of Statement s of Receipts and a list of claims for t which warrants were ssuand i dur- ing March 1969, presented read. Councilman Meyers moved that the proof of publication be re ceived and ll - Ma- yor Pregler. Carried by Seconded fol- lowing vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—CouncilmanMcCauley.cC5 a 1969 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 Dubuque Tot Lot Association Inc., U. S. Fidelity & Guaranty Co. Gemini, Inc., Great American In- surance Company John C. Jones, American States Insurance Company F. N. Smith Construction, Inc., Bi- tuminous Casualty Corporation Tsebiggfrie Excavating, Bitumi- nous Casualty Corporation SIDEWALK Alfred Bahl, United Fire & Cas- ualty Company H Concrete Construction Co., Mer- chants Mutual Bonding Co. Dick Loetscher, Inc., Continental Casualty Company d/b/a, Wendelin Rettenberger, Rettenberger Tree & Landscape, Merchants Mutual Bonding Com- pany Schwers Construction Company, Merchants Mutual Bonding Com- pany Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that Pilin@ of the policies and bonds be ap the proved subject to approval of City Attorney. Seconded by h of 1 oilman Schultz. Carried by lowing vote: Yeas—Mayor Pregler, Council men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. April 28, 1969 fon. Mayor & City Council re: Faber Music Co. lentlemen: On February 3, 1969, Faber Mu- ic Co., 1157 Central Avenue, Du- ,uque, Iowa filed claim against he City of Dubuque, Iowa for lamages in the amount of $1,272.94 kllegedly suffered on January 30, 1969 as the result of a sewer back .1p. This matter was referred to the appropriate City Agency who made an investigation of said matter, and reported by letter to this of- fice on April 23, 1969 that the main sewer was clogged between 10th and 11th with grease and sticks of wood, and which were not sewer roots from the trees, and that there was no liability of the City of Dubuque. In vlew of the foregoing, it is the recommenda- tion of the City Attorney that the claim of the Faber Music Co. be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City At- torney be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. April 28, 1989 Hon. Mayor & City Council re: Jay Emerson Davis Gentlemen: On January 24, 1969, Jay Emer- son Davis of 897 W. Locust St., Dubuque, Iowa filed claim against the City of Dubuque, Iowa for damages allegedly suffered oil January 23, 1969 as the result of the back up of a sanitary sewer on said date. This matter was referredtotheedd appropriate City Agency an investigation thereof and re- ported by letter to this office on April 23, 1969 of no liability and in view of the foregoing, it is the recomtion of the City At- torneymthata the claim of Jay Em- erson Davis be denied. 184 Regular Session, May S. 1969 Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney 3layor Pregler moved that the recommendation of the City At- torney be approved. Seconded by Councilman Couchman. Carried by the following vote: yeas —Mayor Pregler, Council- men Couchman, Meyers. Schultz. Nays—None. Absent—Councilman McCauley. April 28. 1969 Honorable Mayor and City Council re: Leo A_ Schmitt Gentlemen: On January 2.9, 1969. Leo A. Schmitt of 3277 Jackson St.. Du. buque. Iowa filed claim against the City of Dubuque, Iowa for dam- ages suffered on January 23, 1969 as the result of a sewer back up and claiming damages in the amount of $1.25.00. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on April 23, 1969, of no liability and in view of the foregoing, it is the recommendation of the City Attor- ney that the claim of Leo A. Schmitt be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Mayor Pregler moved that the recommendation of the City Attor• ney be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. April 28, 1969 Honorable Mayor and City Council re: Gary Stuart Gentlemen: On October 28, 1968, Gar; Stuart, of 1565 Fairfax, Dubuque. Iowa filed claim against the City of Dubuque, Iowa, claiming damages for personal property allegedly picked up in error by the city rubbish crew and claiming damag es in the total sum of $70.07. This matter was referred to the appropriate City Agency who made in investigation thereof and re- ported by letter to this office of no liability and in view of the foregoing, it is the recommenda- tion of the City Attorney that the ^laim of Gary Stuart be denied. Respectfully submitted. R. N. Russo. City Attorney Mayor Pregler moved that the recommendation of the City- At- torney be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley Honorable Mayor City Council re: Gerald Schuller May 1, 1969 and Gentlemen: On February 3. 1969, Gerald Schueller of 35 East 32nd Street, Dubuque, Iowa. filed claim against the City of Dubuque, Iowa for dam- ages in the amount of S559.07 allegedly suffered on January 23, 1969 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation and reported by letter to this office on April 23, 1969 of no liability and in view of the foregoing it is the recom- mendation of the City Attorney that the claim of Gerald Schueller be denied. Original claim is attached hereto. Yours very truly, R. N. Russo. City Attorney Mayor Pregler moved that the recommendation of City Attorney be approved. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Couchman. Meyers, Schultz. Nays — None. Absent — Councilman McCauley. May 1, 1969 Honorable Mayor and City Council re: Walter B. Wiedemann Gentlemen: On February 6, 1969. Walter B. Wiedemann of 2609 Windsor Ave., Dubuque, Iowa filed claim against the City of Dubuque. Iowa for damages in the amount of $7500 allegedly suffered on February 1. Regular Session, May 5, 1989 185 1969 as the result of a sewer back up. This matter ryas referred to the d appropriate City Agency who made a an investigation thereof and re- ported by letter to this office on c April 23, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attor- i ney that the claim of Walter B. Wiedemann be denied. Original claim is attached here. to. Yours very truly. R. N. Russo, City Attorney Mayor Pregler moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Couchman- Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays —'done. Absent — Councilman McCauley. May 1, 1969 Hon. Mayor & City Council Re: Ray Gross Gentlemen: On February 6, 1969. Ray Gross of 995 W. Locust, Dubuque. Iowa filed claim against the City of Du- buque, Iowa for damages in the amount of $450.00 allegedly suf- fered on June 18, 1968 as the re- sult of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on April 23, 1969 of no liability and in view of the foregoing it is the recommendation of the City At- torney that the claim of Ray Gross be denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City At- torney be approved. Seconded by Councilman Couchman. Carried b5 the following vote: Yeas --Mayor Pregler, Council men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. May 1, 196' Hon. Mayor and City Council Re: Vincent C. Hansen Gentlemen: On February 7, 1969, Vincent Hansen of 28 Milwaukee St., D' uque, Iowa filed claim against ie City of Dubuque. Iowa for -images in the amount of $350.00 llegedly suffered on January 15 nd January 23. 1969 as the result if a sewer back up. This matter was referred to the appropriate. City Agency who nade an investigation thereof and -eported by letter to this office m April 23, 1969 of no liability end in view of the foregoing it is the recommendation of the City Attorney that the claim of Vin- cent C. Hansen be denied. Original claim is hereto at. tached. Yours very truly. R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City Attor. ney be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. !Nays—None. Absent—Councilman McCauley. April 24, 1969 Hon. Mayor & City Council City Hall Gentlemen: On January 14. 1969, Laura Pendley suffered injuries as the result of a fall at the intersection of 24th and Central Avenue in the City of Dubuque. Iowa and the City Attorney's office was alerted to said claim through the aTrans- america ran -america Insurance Group d in view in the nature of the injuries and the circumstances the City Attorney agreed with the insur- ance company and its attorneys that settlement should be made with the claimant ould contribute City of Dubuque towards settlement amount n the sum of amount of $71.00, $2367. While these circumstances ap- pear somewhat unusual, it should be borne in mind that the circum stances were such that it wasin- dicated to the City Attorney t hat it would serve the best interests ests of the City of Dubuque, 1 agreement be reached. It is therefore, the recd tion of the City Attorney that nda City Auditor be instructed to draw warrant payable to the Transamer• i- ica Insurance Group in the amount. 186 Regular Session, May 5, 1969 of $23.67 and transmit same to the City Attorney for delivery to said insurance company. Attached hereto is evidence of payment of the claim of Laura Pendley together with a release which includes the City of Du- buque and for which the settle- ment was agreed upon. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved that the recommendation of the City Attorney be approved. Seconded by Councilmaii Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. April 28, 1969 Hon. Mayor and City Council Re: Richard J. Williams Gentlemen: On January 10, 1969, Richard J. Williams, of RR. #1, Dubuque, Iowa filed claim against the City of Du- buque for damages to his motor vehicle in the amount of $8.24 as the result of striking a hole in the street on Central Avenue near 8th and Central Avenue on January 4, 1969. This matter was referred to the appropriate City Agency who made an investigation thereof and the City Attorney has conferred with the claimant and it is the recom- mendation of the City Attorney that his claim of $8.24 be paid and the City Auditor be directed to draw a warrant payable to Rich- ard J. Williams in the amount of $8.24 and transmit 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 Pregler, Council. men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. honorable Mayor City Council re: Walsh Stores, Inc. May 1, 1969 and Gentlemen: On January 23, 1969, the Walsh Stores, Inc. of 905 Central, Du- buque, Iowa (known as The Bar- gain Den at the Fuhrman Build. ing), filed claim against the City of Dubuque, Iowa for damages in the amount of $349.05 allegedly suffered on January 16, 1969, as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on April 23, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attor- ney that the claim of the Walsh Stores, Inc. (The Bargain Den) be denied. Original claim is attached here- to. Yours very truly, 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 Pregler, Coun- cilmen Couchman, Meyers, Schultz. Nays — None. Absent — Councilman McCauley. May 2, 1969 Honorable Mayor and City Council Gentlemen: On February 3, 1969, the pur- ported claim of Albert Kenkel of 2609 Van Buren, Dubuque, Iowa for damages allegedly suffered to his vehicle approximately at the intersection of Chaney Road and Kaufman Avenue in the City of Dubuque, Iowa on January 24, 1969 wherein he claims damages to his vehicle in the amount of $60.72. I have made an investigation of this matter and have conferred with the Street Department and Water Department personnel re- garding the claim of Mr. Kenkel who alleges that the water main or hydrant broke or leaked caus- ing large ruts of ice to form in the street with no barricade or warning. In the further pursuit of this investigation, the City Attorney Regular Session, May 5, 1969 187 discussed this matter with Mr. Kenkel who advised the City At- t torney that he traverses this area in the mornings and in the eve- t nings in going to and from his 1 place of employment and that st on the morning in et I was free and clear of ice as com- ing ffr mf wevening, However,upon uevreturn- ing encountered this condition damage, hick allegedly caused his It is my opinion that the report of the street commissioner which indicates that due to the heavy rainfall and fast freeze at that time there was a large buildup of ice at the intersection for at least fifty feet east of Kaufman Avenue and that this street was plowed twice as soon as the street depart- ment was notified of such con- dition. As soon as the street de. partment was notified of this con- dition, they dispatched two graders with scarifiers to remove the ice. From the foregoing it would ap• pear that under the law of this State as relates to municipal lia- bility that the municipality must have actual or constructive notice of a defective condition and have a reasonable time in which to cor- rect or remove the defective condi- tion and that based upon the in- vestigation of your City Attorney it is my opinion that the condition complained of, if it existed as con- tended by Mr. Kenkel, that it did not exist for such a period of time where a court of law would hold that the City of Dubuque had con- structive notice of its condition. That is to say, that it had existed for an unreasonable length of time and therefore, they should have had notice of its existence in the exercise of reasonable care. Further, it would appear that the condition complained of was observable by Mr. Kenkel and in my opinion, if this matter were tc be litigated it would appear that b claim of contributory negligenc( could very reasonably be sustained In view of the foregoing, it i the recommendation of the Cit; Attorney that the claim of Mi Kenkel be denied. Original claim is returned her( with. Respectfully submitted, R. N. Russo, City Attorney Councilman Meyers moved that le recommendation of the City ttorney be approved. Seconded y Councilman Couchman. Carried y the following vote, Yeas — Mayor Pregier, Council- men Couchman, Meyers, Schultz. Nays — None. Absent — Councilman McCauley. Notice of Claim of A. Y. McDon- ild Mfg. Co. in the amount of 648.38, for material furnished to Smitty's Excavating in the con- Aruction of Mt. Carmel Feeder Main Project, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays — None. Absent — Councilman McCauley. Notice of Suit of A. Y. McDon- ald Mfg. Co. vs. Smittys Excavat- ing, Merchants Mutual Bonding Co., Dubuque Sand & Gravel, Grif- fin Pipe Products Co., and City of Dubuque in the amount of $6,833.93 for materials furnished to con- struct the Mt. Carmel Feeder Main Project presented and read. Coun- cilman Meyers moved that the Notice of Suit be referred to the City Solicitor. Seconded by Mayor Pregler. Carried by the following vote: Yeas — MayoPregler, Council- men Couchman, Meyers, Schultz. Mayor Nays — None. Absent — Councilman McCauley. Notice of Claim of Raymond J. Moriarty, in behalf of Greg Mor. iarty, in the amount of $3000• for personal injuries received by said minor, while riding a bicycle and striking a hole in Boyer Street on March 28, 1969, presentedand read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investiga• for P Pregler. and Carried seconded by the follow, ivote: Yeas — Mayor Prer. Coun- hultz. cilmen Couchman, Meyers, Nays — None. Absent — Councilman McCauley. Notice of claim of Phil M. Pet- rick of 3098 Kaufman Ave., in the amount of $107.70 for car damage received in sthe result Avoca f Street on April a hole 188 Regular Session, ay 5, 1969 7 1969, presented and read. Coun- cilman Meyers moved that the not- ice of claim be referred to the City Solicitor for investigation and report. Seconded fby Mayor vote: Carried by e Yeas -- Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent — Councilman McCauley. Notice of Claim of Charles T. & Kristin H. Fischer of 975 Mayfair Court in the amount of $117.16 for damage to the contents in the base ment of his home as the result of a sewer back-up on April 4, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent — Councilman McCauley. Notice of Claim of Wilfred J. Driscoll of Epworth, Iowa, in the amount of $9.78 for car damage j received as the result of striking a chuck -hole in the street off Loras near Allison Henderson Play- ground on April 27, 1969, present- ed and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent — Councilman McCauley. April 22, 1969 To the Honorable Mayor and City Council Gentlemen: Herewith submitted for your consideration is a proposed Ordi- nance granting permission to con- struct a canopy over sidewalk on Locust Street entrance door, at Elk's Club, 701 Locust Street. The canopy edge will be one foot behind the face of the curb. Also included in the Ordinance is a thirty day notice clause re- quiring removal if same interferes with any street improvement pro- gram. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. ORDINANCE NO. 21-69 An Ordinance Authorizing the S. P. O. Elk's Lodge No. 297 Inc. to Construct A Canopy over the Public Sidewalk, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Ma- yor Pregler. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. ORDINANCE NO. 21.69 AN ORDINANCE AUTHORIZING THE P.B.O. ELK'S LODGE NO. 297 EINC. TO CONSTRUCT A CANOPY OVR THE PUBLIC SIDEWALK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION 1. That B.P.O. Elk's Lodge No. 297 Inc., be and It is hereby grant- ed the right and authority to construct and rnuintain a canopy over the public sidewa'k in front of the building known as 701 Locust Street, on City Lot 623, in acoirdance with the plans approv. ed by the City Manager, 12'6" wide and 15' long extending from the present straw , easterly to within one foot br.SEC f IONt 2. That of Locust occonsttruction hall be done under the supervision and direction of the Building Commissioner and the City Manager of the City of DubuQ- and in accordance with all ap. plicab,e State and Federal laws and regulations and the Ordinances of the CT of Dubuque; SECTION 3. As a further considera. tion of the rights and privileges herein granted, B.P.O. Elk's Lodge No. 291 Inc., its successors and assigns, assume any ;.-rd all liability for damages to Person or property which may result from the construction, existence or meinterance of said canopy. Said AP- PI its own lexpense, agrees and do paylgon be- t, of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the lia- bility imposed on the City of Du- buque for damages of any kind result- ing In the construction or maintenance or existence of said canopy, sustain. by ac -,.dent or otny herwise pe Said expense, and on behalf of said city, any claim Regular Session, May 5, 1989 1896 SECTION 6 This Ordinance shall be In full rorce and effectfrom and after '}f1Aa1 ion ,b sleweprov d,on es and publics oay, 1969. Introducedthe 51h da of three sepa- Rule requiring tale 5th day of nd y 196, unanimous vote Passed. adopted and approved thus Sth day of May. 1969. waiter A Pregler MAYOR Merlin F. Schultz Donald R. Meyers Gaylord COUNCILMEN chman ATTEST: ITY Leo F. Frommelt ACCEPTANCE OF ORDINANCE NO. 21.69 B. P. O. Elk's Lodge No. 297 Inc., the owner of the premises, having full knowlednding of the terms and conditioe and nseofaOrdinance No. hereby21-69 accept hsame ater and agree toComplywithallthems ndunto tethereof, grant City Dubuque all of the privileges and rightsin said Ordinance contained. a.P.O. Elks Lodge NT 297 Inc By:/s/ Joseph atz EXALTED g RULER Published officially in the Telegraph, Herald Newspaper this 13th day of May, 1969. Leo F. City Clerk nelt It. 5-13 Councilman Couchman moved fi- nal adoption of the Ordinance, Seconded by Mayor Pregler. Car, ried by the following vote: Yeas — Mayor Pregler, Council man, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Bred the first reading of the Or- dinance. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. 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 Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Meyers moved that a public hearing be held on the Ordinance on June 2, 1969 at 7:30 P.M. Daylight Saving Time in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. ORDINANCE NO. 22.69 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, so as to change certain property herein- after described from "Business District" Classification to "Mul- tiple Residence District" Clas- sification, (Washington neighborhood area— from 14th to half way between 19th & 20th) presented and read. Councilman Meyers moved that the reading just had be consid- ORINANCE NO. 23.69 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa so as to change Certain Property Hereinafter De- scribed from "Light Industrial District" Classification to "Mul- tiple Residence District Classifi- cation" (Washington street neighborhood area—from 14th to half way be- tween 19th & 20th) presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Couch. man. Carried by the following vote- Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays — None. Absent — Councilman McCauley. 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: 190 Regular Session, May 5, 1969 Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Absent — Councilman McCauley. Councilman Meyers moved that a public hearing be held on the Ordinance on June 2, 1969, at 7:30 P.M. Daylight Saving Time in the Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. ORDINANCE NO. 24.69 An Ordinance Regulating Con- duct in Public Parks of the City of Dubuque, Iowa- Providing for enforcement thereof: and pre- scribing penalties for the viola- tion of the provisions hereof, presented and read. Mayor Pregler 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 Pregler, Council- men Couchman, Meyers, Schultz. Nays — None. Absent — Councilman McCauley. Mayor Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, Schultz. Nays — None. Absent — Councilman McCauley ORDINANCE No. 24.69 AN ORDINANCE REGULATING CON- DUCT IN PUBLIC PARKS OF THE CITY OF DUBUQUE, IOWA: PROVIDING FOR ENFORCEMENT THEREOF: AND PRE- SCRIBING PENALTIES FOR THE VIO- LATION OF THE PROVISIONS HEREOF. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sect,on 1. DEFINITIONS. The word "Board" and the term • The Board" as us(d In this ordinance shat mean the Board r.f Park Commissioners of the City of Dubuque, Iowa." The term Parks" and Parkways" shall mean Parks, Parkways, buildings, park roads or driveways, and all public service facilities cn grcunds, buidings and struc.ures In and adir,cent to the City of Dubuque, Iowa which are under control of the Board. Section 2. Any threatening, Profane, abuslve, disorderly, insul,ing or indecent language, any conduct or behavior or any act tending to a breach of the pubic peace and quiet by any Person or per. sons In or upon any park or Parkway is hereby prohibited. Section 3. The consumption or use o1 in toxicating liquor, wine or beer in a promiscuous manner by any person is hereby prohibited. No beer in containers eommin'y referred to as KEG BEER shall be brought into any park or Park- way by any person. Section 4. Horse drawn vehicles, riding horses or any other domesticated animal used for such Purposes Sha I be Pro. hibited in any park unless Permission is granted by the Park Board of the City of Dubuque. Section S. No person shall be Permitted to bring into any park any dog, cat or other domestic animal, nor shall any person Permit such dog, cat or other do- mestic animal to run at large in any park. Any unattended animal shall be impounded and its owner may redeem the same upon paying the reasonable costs of such Impoundment. Section 6. No Person shall cut, break, scratch, mark or in any way injure or deface any park property, faci'.Ity or any othrr feature upon or within any Park or parkway. Section 7. No person shall pick or cut, break or in any way injure or deface any tree, shrub or plant within the limits of any park or parkway; nor carry within or out of any park or parkway any wild f.ower, tree, shrub, plant, or any newly plucked branch or portion thereof, or any soil or material of any kind. Provision hereof shall not apply to officers or em- ployees of the Board. Section 8. No person shall go on foot or otherwise upon the grass or turf of any Park or parkway where any prohibi. tory sign is posted. Section 9. No person shall throw or cast any stone or any other missile wi.hin any Park or parkway. Section 10. No person shall kill, trap, tease, annoy, disturb, feed or Interfere with any bird or other fowl, animals or fish kept by the Park Board of the City of Dubuque in any park or park- way. No person shall rob, injure or de- stroy the nest of any bird or any other fowl. Section I1. No person shall throw, de- posit, uface or leave in any Park or parkway any paper, rubbish, waste or refuse cf any kind or nature, but same shall be deposited In the receptac,es therein provided for. Section 12. No person shall place or suffer to remain in any park or Park. way any goods, wares, merchandise or other articles in the nature of any ob- struction to the tree use and enjoyment of said Park or parkway without written permission from the Park Board of the City of Dubuque. Section 13. No person shall post, paste, fasten, paint oraffix any placard, bill, notice or sign upon any structure, tree, witfence eParikorparkway. re along or hin any Section 14. No person shall distribute, disp ay or broadcast within any park or parkway any signs, circulars, cards, an- nouncements, Printed or otherwise, or any advertising. Board may authorize the distribution of programs for concerts or aprrvRort,regularly du paa nd poedfperfrae in any park by the Board. Seebon 1S. No Person shall sell or offer for ever in anyy park article parkway. The pro- vision hereof shall not apP.y to such ,a es o1 refreshments or any other arti- cles from concession stands authorized by the Board. !iLL_u 16. The carrying, shooting or discharging of firearms, air rifles, bows and arrows, pellet guns or sling shots, including fireworks of any description b orany anyrparkwiaytnIsihherebytsproh bited ark Section 17. No person shall stand or sit on any fence, rail or any other struc- ture not Intended for such use to any park or parkway. The climbing of build- ings and going on roots, either with lad- tders or ngs hrough therwindow, the or any lohher way 15 garden eby any bing ovur person is Prohibited. tledge- SeeLon 18. No person shall move bencbut dtire or seals, anyand bulld Igswii out firstrom any srcuring Permission of the Park Superin- tendent. Section 19. No Person shall loaf In any park workshop or Interfere with or keep any park employee from performing hls duties,Solicitation working any k salesme duringee kinghours by any n, Regular Session, May. 5, 1989 191 agent or any other person is hereby pro- hibited Section 20. It shell be unlawful for am person, a VCPS, Id ght. Section Bicycles, motor cycles, for scootersrs , go-karts, or other similar an devices shay only be used or operated parkway or such other places as are set aside for that purpose. SKtion 22. No mass meeting, Political meeting. entertainment, exhibition, band or procession shad be permitted in any park or parkway without first securing du 1yfede5gna Permit ed trom off Certile hthereof. Or the Section 23. No person shall start any fire in any park Or upon any parkway, except 1ha1 small aides by Picnicpartpie, poses may be in ,he places in parks provided for that purpose by the Superintendent of Parks. Every person who starts or uses any such fire is hereby Charged with the duty of comple•ely extinguishing such fire before eaving it. section 24. Buildings for group gather- ings may be reserved during the open park season by contacting the Park Of five. Such reservations can be made a! least two weeks in advance by telephone from the dale reservation is requested Large groups such as civic organizations, family reunions, church groups, etccan write their request to the Park office any time after April Ist of the current Year to shelter buildings. Buildings shall be c.eaned up of er use by party reserving The same. Litter, cans, paper waste and refuse shad be deposited in receptacles provided therefor. section 25 No Person shall climb, dam- age or tamper with any fence in any park. Loosening of stones from bluffs and rolling or throwing the same down the face of the to uff by any person is hereby prohibited. section 26 No Personshallwash, clean or polish any motor, motor cycle or scooter to any city park. Section 27. No Person shall expose him- self or herself to pub is View in any park or parkway, unless properly oothed. Section 20. Any park employee shah be au.noraed and empowered to elect any person or persons from any park or park- way acting in violation of any provision of this ordinance. Section 29. No person in aPark or m parkway shall fail 10 cuar wnh all app icable Provisions Of the Motor Ve- hicles Law of the S1ae of Iowa in re- gard to equipment and oPeralion of motor vehicles together with such regu.ations as others ordinances nthe tCitOrdinance rnofD buuueand includ.ng Ordinance No. 3}49. and amendments thereto. SKtion 20. The open season or hours for the respective Parks and park ta- u1s'ha int Prk,uis fd Lo?he Mu (a) EaglePoaMurphy Park and Flora Park shall be closed to the public during the hours from midnight to 7:00 o'clocK A.M. dur- ing the regular Park season and Franklin D. Roosevelt Park shall closedbe W o'clock AbM fdurin9unthe rt-f:ular park season. (b) During the Period of time other than the regular open park season, no person shall enter or remain to any Park or pakwav above named, excephe above nenDied parksewilllbe opened weekdays movingfor vehicular the thoufrso1 6:00 o'clock A.M. and 3:000'c Ock P -M and on weekerAs trot 12:00 o'c ock noon to 5:00 o'cl"A P.M. Section 21. Any motor vehicle left un. attended in any of the hereinabove men- tioned parks after the c osing thereof in violation of Section 30 hereof same shall be deemed abandoned and the Park su- perintendent or the Pak police shall cause same to be towed from said park and same shall not be. redeemed by the owner or the Person responsibletherefor unci, the reasonable lowing charges and stor&ge charges are paid Sedlen 22. Any person violating any of the Previsions hereof shall be deemed guilty of misdemeanor and upon cOnv.c exceed oneHundred 4111W 00) Dollars o be imprisoned in the Dubuque County Jail for a period not exceeding thirty (30) days. Passed, approved and adopted this 5th day c( Mavwal eo A Pregler Mayor Merlin F. Schultz Donald R Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F', Frommelt City Clerk in Herrald dublisheNewspapelry this 9th ThethisrMav 1969. Leo F. Frommelt City Clerk. 11. 5/9 Mayor Pregler moved final ad- ,ption of the Ordinance. Seconded n' Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman. Meyers, Schultz. Nays — None. Absent — Councilman McCauley. Petition of City Auditor Heitz - man requesting permission to de- stroy various records in his de- partment prior to 1959, presented and read. Mayor Pregler moved that the petition be granted if it is done in accordance to the law. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Dubuque Lions Club requesting permission to use a portion of the Industrial Island to sponsor a Clyde Beatty -Cole Bros. Circus on September 11, 1969, pre- sented and read. Mayor Pregler moved tpetitihat the Councilmann be Couch Seconded b>' man. Carried by the following Vote: N'eas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Mark W. Moes, Stu- dent Body President of W hlert Ifigh School requesting represen- tation on the Human Rights Com- mission, presented and read. Coun- cilman Meyers moved that the pe- tition be referred rgeru Seconded by tothe Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Dubuque Count y li's- torical Society requesting permis- sion to place a commemorative 192 Regular Session, May 5, 1969 plaque on the structure of the the City Council has heretofore Old City Bell, presented and read. found and determined that the Councilman Couchman moved that public safety and welfare would be the petition be approved. Second- served by the erection and con. ed by Councilman Meyers. Carried struction of a Fire Department by the following vote: Headquarters Building at Ninth Yeas — Mayor Pregler, Council- Street and Central Avenue in the men Couchman, Meyers, Schultz. Iue,IowIowa r the City City ofDubuque, Nays—None. of after ters Absent—Councilman McCauley. of the City of Dubuque by affirma. Petition of Building Department tive vote had approved the erection to issue a and construction of said fire sta- requesting permission tion; and building permit to Art Wilming to 1715 WHEREAS, proposed plans and erect a concrete garage gton Street, presenteto d and Washington specifications and form of contract read. Councilman Schultz moved for said Fire Department Head - that the petition be approved. Sec- quarters Building at Ninth Street onded by Councilman Meyers. Car. and Central Avenue, in the City of ried by the following vote: Dubuque, Iowa for the City of Du. Yeas — Mayor Pregler, Council- buque, Iowa have been prepared men Couchman, Meyers, Schultz. by Durrant - Deininger - Dommer . Kramer - Gordon, architects - engi• Nays—None. Absent—Councilman McCauley. neers, and filed with the City Clerk on the 14th day of April, Petition of Montgomery Ward 1969, and notice of public hearing requesting permission to make an on said proposed plans, specifica. additional curb -cut from their ser. tions and form of contract has vice center to Wacker Drive at been duly published in the manner their new retail outlet in Kennedy and form required by law and no Mall, presented and read. City En- petitions or objections of any kind gineer White stated his position have been filed or made by any of the petition and as a result interested parties to said plans, Councilman Meyers moved that specifications and form of contract the petition be denied. Seconded or to the cost of said project. by Mayor Pregler. Carried by the NOW THEREFORE BE IT RE. following vote: SOLVED BY THE CITY COUN- Yeas — Mayor Pregler, Council. CIL OF THE CITY OF DUBUQUE, men Couchman, Meyers, Schultz. IOWA: Nays—None. Section 1. That the plans, spec- Absent—Councilman McCauley. ifications and form of contract re. Proof of Publication, certified ferred to in the preamble hereof to by the Publisher, of Notice of be and the same are hereby ap. public hearing on proposed plans, proved. specifications, form of contract, Section 2. That all resolutions for the construction of a Fire or orders or parts thereof in con. Headquarters Building at Ninth & flict herewith are hereby repealed. Iowa Street, presented and read. Passed, approved and adopted No written objections were filed this 5th day of May, 1969. and no oral objectors were present Walter A. Pregler in the Council Chamber at the Mayor time set for the hearing. Merlin F. Schultz Councilman Meyers moved that Donald R. Meyers the proof of publication be re- Gaylord M. Couchman ceived and filed. Seconded by Councilmen Councilman Schultz. Carried by Attest: the following vote: Leo F. Frommelt, Yeas — Mayor Pregler, Coun. City Clerk cilmen Couchman, Meyers, Schultz. Councilman Schultz moved adop- Nays—None, tion of the resolution. Seconded by Absent—Councilman McCauley. Councilman Meyers. Carried by the following vote: RESOLUTION NO. 107-69 Yeas — Mayor Pregler, Council - WHEREAS, after a public hear- men Couchman, Meyers, Schultz. ing held and conducted pursuant Nays — None. to the laws of the State of lows, Absent — Councilman McCauley. J Regular Session, May 5, 1969 193 April 28, 1969 To The Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids Thursday wApril ed until 10:00 A.M., 1969, for the improvement of Traf- fic Signals and Street Lights on Iowa Street from the south prop- erty line of Fourth Street to the north property line nth Street. The one bid entered was sub- mitted by Moldt Electric Service of Dubuque, Iowa. Their bid was 7.60% over the Engineer's esti- mate. I recommend that the contract for the improvement be awarded to Moldt Electric Service. Respectfully submitted. Gilbert D. Chavenelle City Manager Councilman Couchman moved that the recommendation of the City Manager be approved. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. (Ordering Construction) RESOLUTION NO. 108-69 BE IT FCIRTHER 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 May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolu- tion of Necessity No. 46-69 which was duly passed by this Council for the improvement of Traffic Signals and Street Lights on Iowa Street from the south property line of Fourth Street to the north property line of Tenth Street. Be aid 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 specification 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 and the Util- ities -Lighting Fund. (Awarding Contract) RESOLUTION NO. 109.69 WHEREAS, sealed proposals have been submitted by contrac- tors for the improvement of: TRAFFIC SIGNALS AND STREET LIGHTS ON IOWA STREET from the south property line of 4th Street to the north property line of 10th Street pursuant to Resolution No. 46-69 and notice to bidders published in a newspa. per published in said City on March 7, 1969 and March 14, 1969; and WHF.RF.AS, said sealed propos- als were opened and read on April 3, 1969, and it has been deter- mined that the bid of Moldt Elec- tric Service of Dubuque, Iowa in the amount of $73,424.25 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 t he above mentioned improvement he award- ed to Moldt Electric Service 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- 194 Regular Session, May 5, 1969 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 May, 1969, Walter A. Pregler Mayor Merlin F. Schultz Donald R Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seronded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. May 1, 1969 To the Honorable Mayor and City Council Gentlemen: This is to advise you that in our agreement to obtain a floodwall easement from Sinclair Oil Cor- poration, the City of Dubuque was to construct a docking facility for Sinclair Oil Company. Sealed bids were received from Ashbach Construction Company, Huxtable Hammond Company, Inc. and J. F. Brennan Company, Inc. The lowest bid received was from the J. F. Brennan Company, Inc. in the amount of $159,805.00. The Engineer's estimate on this project was $153,770.50. I, therefore, recommend that the contract be awarded to the J. F. Brennan Company, Inc. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council men Couchman, Meyers, Schultz Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 110.69 WHEREAS, on the 26th day of February, 1968, City of Dubuque Iowa and Sinclair Refining Com pany entered into a written agree ment concerning the docking fa eilities of Sinclair Refining Com- pany as relates to the Dubuque Flood Control Project; and WHEREAS, subsequent to Feb- ruary 26, 1968 Atlantic Richfield Company and Sinclair Refining Company were merged and which merged companies are now known as and operating as Atlantic Rich- field Company and which company succeeded to all the rights and ob- ligations under said contract here- inabove referred to; and WHEREAS, said agreement con- templated at that time that Sinclair Refining Company (Atlantic Rich- field Company) would secure bids for the construction and installa- tion of the facilities of Sinclair Refining Company (Atlantic Rich- field Company); and WHEREAS, it has been de- termined that it would serve the best interests of the City of Du- buque, Iowa in that it could effect a substantial saving to the City of Dubuque, Iowa if it were to enter into the contract with the contrac- tor for the erection and installation of such facilities; and WHEREAS, Sinclair Refining Company (Atlantic Richfield Com- pany) has received competitive bids for the installation and erection of such facilities and the bid of J. F. Brennan Company Inc., contractor, be and the same is hereby de- termined to be the best and lowest bid. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the contract by and between the City of Dubuque, Iowa and J. F. Brennan Company Inc. contractor, for the erection and construction of the Sinclair Refining Company (Atlantic Rich- field Company) facilities in con- nection with the Dubuque Flood Control Project be and the same is hereby approved. Section 2. That the City Man- ager be and he is hereby author- ized and directed to execute said contract for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby directed to for- ward a certified copy of this Reso- lution together with copy of the improvement contract, together with exhibits attached th'^ +^ ere Regular Session, May 5, 1989 195 Sinclair Refining Company (At- lantic Richfield Company). Passed, approved and adopted this 5th day of May, 1989. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz m o v e d adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 111-69 WHEREAS, City of Dubuque, Iowa and Retirement Investment Corporation have entered into a written Agreement for the exten. sion of city sanitary sewer service to Heritage Manor which sanitary sewer shall lie partly within the City of Dubuque, Iowa and partly outside the present limits of the City of Dubuque, Iowa; and WHEREAS, said agreement has been amended, a copy of which amendment is hereto attached; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the amendment to the agreement by and between the City of Dubuque, Iowa and Re- tirement Investment Corporation, a copy of which amendment is hereto attached, marked Exhibit "A" and by reference made a part hereof, be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said amendment to agree- ment for and on behalf of the City of Dubuque, Iowa. Passed, Approved and adopted this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ►ttest: Leo F. Frommelt City Clerk Councilman Couchman moved idoption of the resolution. Second - !d by Councilman Schultz. Carried )y the following vote: Yeas—Mayor Pregler, Council. nen Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 11269 Whereas, the Board of Su- pervisors of Dubuque County, Iowa have requested permission to in- stall radio antennas and equipment in a building on a parcel of real estate owned by the City of Du- buque, Iowa for the purpose of installing a county wide warning system; and Whereas, City Council of the City of Dubuque, Iowa, has ex- amined the grant of revocable U. cense and finds that same should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Stction 1. That the Mayor and the City Clerk be and they are Hereby authorized and directed to execute the grant of revocable license to Dubuque County, Section 2. That the City Clerk be and he is hereby authorized and directed to transmit said grant of easement for acceptance by the Board of Supervisors of Dubuque County, Iowa and which accept- ance shall be endorsed as provided for within the grant of revocable license. Passed, approved and adopted this 5th day waiter 1969- A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz m o v e d olution. Second edoby Councilman tion of the sMeyers. Carried by the following vote: Yeas—Mayor Pregler, Council men Couchman, Meyers, Schultz. Nays—None. Absent --Councilman McCauley. 196 Regular Session, May 5, 1969 May 5, 1969 To the Honorable Mayor and City Council Gentlemen: The City of Dubuque 1968 As- bury Road Water Main Project No. 1 has been completed in accord. ance with plans and specifications by Merchants Mutual Bonding Company. I recommend that the improve- ment be accepted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schultz moved ap- proval of the recommendation. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. May 5, 1969 To the Honorable Mayor and City Council Gentlemen: I hereby certify that I have in- spected the following improvement: City of Dubuque 1968 As- bury Road Water Main Proj- ect No. 1 consisting of cast Total cost Engineerin 5% Intere 52 da iron water main in Asbury Road from the west property line of Lot 1 of Lot 1 of As- bury Park in Section 21, Du- buque u- buque 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 — Sec- tion 16 T.89 N. R. 2 E. That the same has been com- pleted in accordance with the terms of the contract with Merch- ants Mutual Bonding Company. That there is now due the con- tractor under his contract the amount of $17,229.25. That the total cost of the im. provement is $17,308.97 as shown by the computation hereto at- tached. Respectfully submitted, John L. White City Engineer Councilman Schultz moved ap- proval of the recommendation. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council men Couchman, Meyers, Schultz. Nays—None. Absent --Councilman McCauley. CITY OF DUBUQUE 1968 ASBURY ROAD WATER MAIN PROJECT N0. 1 Computations of the total cost of the improvement: of construction................................................................. $ g & Inspection cost............................................................ st on assessed share of $7,590.70 @ 5% interest/ day.............................................................. I............................. 17,174.43 79.72 54.82 TOTAL COST OF PROJECT: ............................................................ $17,308.97 FINAL ESTIMATE FOR WATER MAIN CONSTRUCTION STATEMENT of the various kinds of work done in the construction of Cast Iron Water Main CITY OF DUBUQUE Items of Work and Materials 12 in. Cast Iron Water Pip 6 in. Cast Iron Water Pip 12 in. Valves ......................... 6 in. Valves .......................... 12" x 6" Anchor Tee ........... Hydrants................................. 1968 ASBURY RO PROJECT NO. 1 Total Quantities Pipe ......1693.83 Lin. Ft. Pipe ...... 6 Lin. Ft. 1 No. of 2 No. of 2 No. of ......... 2 No. of AD WATER MAIN Unit Prices Totals $ 8.22 $13,923.29 4.98 29.88 290.00 290.00 135.90 271.80 125.00 `250.00 320.00 640.00 Regular Session, May 5, 1969 197 Sand fill in place .......................... 208 Tons 2.50 520.00 Crushed Rock or Gravel, in place, 384.45 Tons 3.25 1,249.46 TOTAL. $17,174.43 5% Interest/52 days 54.82 $17,229.25 I, City Engineer of said City, hereby certify that the above statement and attached map show in detail the correct amounts of all work required to complete the improvement under the above numbered Resolution John L. White City Engineer J. J. Hail City Water Supt. Approved Gilbert D. Chavenelle City Manager April 29, 1969 Mr. Gilbert D. Chavenelle, City Manager Dear Mr. Chavenelle: The 1968 Asbury Road Vater Main Project No. I which was re. cently completed, has been inspect- ed and tested by our department. It was found to have been con. structed according to A.W.W.A• Standards and is acceptable to be- come a part of the City of Dubuque water distribution system. The following bid items were used on this project: 1693'10" of 12" pipe 6'0" of 6" pipe 2 fire hydrants 1-12" valve and box 2-6" valve and box 2-12" x 6" anchor tee 208 tons of sand 384.45 tons of base stone The above acknowledgement is not to be construed to mean that the Contractor is relieved from the four year Maintenance Bond on the improvement. Yours very truly, CITY WATER DEPARTMENT J. J. Bail, Superintendent RESOLUTION NO. 113-69 RESOLUTION accepting work, ascertaining cost, determining proportion of cost to be assessed against private property and ordering payment for: 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, 10 the westerly property line of Lot 2 of Lot 1 of Lot 1 of S.W. 1/4 of S.W. '/4 — Section 16 T89N, R2E WHEREAS, the City Engineer has filed his the with the City Clerk, stating that he has in- spected the above improvement, that the same has been per- formed in compliance with the terms of the contract, and that the total cost of the work is $17,308.97. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the work of Merchants Mutual Bonding Com- pany in completing said improve- ment is hereby accepted and the City Auditor instructed to issue warrants payable to said contractor in the total sum $17,229.25 with interest thereon at the rate of 5% per annum from date hereof and drawn upon the Water Works De- preciation Fund or any other fund available for such improvement. SECTION 2. That the total cost of said improvement is hereby de- termined to be $17,308.97 and it is further determined that $9,718.27 of such cost shall be paid from the Water Works Depreciation Fund and $7,590.70 of such cost shall be assessed against private prop erty within the assessment district. Passed, adopted and app this 5th day cWalter, 1969 - Walter Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 198 Regular Session, May 5, 1989 Councilman Couchman moved adoption of resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. May 5, 1969 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 Main Project No. 1 showing description of each lot to be assessed, the names of the owners as shown by the County Auditor's roll, the valu- ation of each lot as set by the City Council and the amount proposed to be assessed against each lot. Submitted this 5 day of May, 1969. Respectfully submitted, John L. White City Engineer Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 114-69 SCHEDULE OF ASSESSMENTS CITY OF DUBUQUE 1968 AS. BURY ROAD WATER MAIN PROJECT NO. 1 RESOLVED by the City Council of the City of Du- buque, Iowa, That to pay for 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 SW;/4 of SWY4 Section 16, T. 89 N. R. 2E, by Merchants Mu- tual Bonding Company, 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: Lester Hilby, Lot 1-1-E.%-S.W.1/4-Sec. 16-T.89N-R.2E. of 5th P.M. $2,896.52 Resurrection Church, Inc., Lot 1.2-E.i/a-S.W.1/4-Sec. 16-T.89N- R.2E. of 5th P.M ...... _................................................................... 74.25 Resurrection Church, Inc., Lot 2.1-1-E.%-S.W.1/4-Sec. 16-T.89N- R.2E. of 5th P.M........................................................................... 817.43 Anthony Pfohl & Louis Pfohl, Lot N.E.1/4-N.W.1/4-Sec. 21-T.89N- R.2E. of 5th P.M.............................................................. _........... 2,970.00 Anthony Pfohl & Louis Pfohl, Lot E.3701-N.W.1/4-See. 21-T.89N- R.2E. of 5th P.M........................................................................... 832.50 $7,590.70 12 in. Cast Iron Water Pipe -1693.83 Lin. Ft. @ 8.22 ....................$13,923.29 6 in. Cast Iron Water Pipe -6 Lin. Ft. @ 4.98 ................................ 29.88 12 in. Valves -1 No. of Cy 29.00 ........................................................ 290.00 6 in. Valves -2 No. of @a, 135.90........................................................ 271.80 12" x 6" Anchor Tee -2 No. of Cru 125.00 ........................................ 250.00 Hydrants -2 No. of .i) 320.00............................................................ 640.00 Sand fill in place -208 Tons (p 2.50 ................................................ 520.00 Crushed Rock or Gravel, in place -384.45 Tons 01, 3.25 .............. 1,249.46 TOTAL ............................$17,174.43 5% Interest/52 days .... 54.82 $17,229.25 ConstructionCost................................................................................$17,174.43 Engineering Expense......................................................................... 79.72 5% Interest/52 days............................................................................ 54.82 TOTAL....................................................................................................$17,308.97 Assessable........................................................................................ 7,50.70 City Share Assessable ......................................................................................$ 9,718.27 ...................................................................................... 7 Rrgular Session, May 5, 1969 199 Passed, adopled and approved this 5th day Walter MA. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption the resolution. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schulta Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 115-69 RESOLUTION, adopting final as- sessment schedule, levying assess- ment, prescribing terms of pay- ment thereof, and directing Citv Clerk to certify final schedule and publish notice for the construction of the: 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. ?,Q of S.W. '14—Section 16 T89N. R2E. WHEREAS, the City Engineer has filed his Final Schedule of Assessments for the above im- provement showing a description of each lot to be assessed, th valuation of each lot as heretofore fixed by the council, and th amount proposed to be assessed against each lot; and WHEREAS, the City Council ha met and considered said Fina Schedule of Assessments; NOW, THEREFORE, BE IT R SOLVED by the City Council o the City of Dubuque, Iowa: SECTION 1. That the assessment as set forth in said schedule ar hereby confirmed and adopted an that a special tax be and is hereb levied on the several lots, an parts of lots, and parcels of re estate for the amount set opposi each lot or parcel of real esta all as shown in said schedule. SECTION 2. That each of said assessments in excess of $25.00 is hereby divided into ten equal annual installments, the first of which shall he due and payable on January 1, 1970 and the succeed- ing annual installments shall be- come respectively due and payable on the first day of January annual- ly thereafter. SECTION 3. That all unpaid in- stallments shall bear interest at the rate of 5% per annum from May 5, 1969 and shall be due and payable in the manner provided by law; provided, however, any taxpayer may pay his total assess- ment in full without interest with- in 30 days from the date that the City Clerk certifies the schedule of assessments to the County Audi- tor as hereinafter provided. SECTION 4. That the City Clerk is hereby directed to certify the Engineer's Final Schedule of As- sessments to the County Auditor of Dubuque County, Iowa, and to publish notice thereof by two pub- lications in the Telegraph -Herald Newspaper once each week for two consecutive weeks, the first publication of which shall not be more than fifteen days of the fil ing of the final schedule with the County Auditor. SECTION S. The City Clerk is hereby further directed to send by certified mail to each property owner, whose property is subject to assessment for said improve- ments as shown by the records in the office of the County Auditor, a copy of said notice, said mailing e to be made on or before the first publication of said notice. e Passed, adopted and approved this 5th day of May 1969. Walter A. Pregler s Mayor 1 Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman E Councilmen f Attest: Leo F. Frommelt s City Clerk e Councilman Schultz moved adop- d tion of the resolution. Seconded y by Councilman Couchman. Carried d by the following vote: al Yeas—Mayor Pregler, Council to ' men Couchman, Meyers, Schultz. toI Nays—None. Absent—Councilman McCauley. 200 Regular Session, May 5, 1969 May 5, 1969 To the Honorable Mayor and City Council Gentlemen: I have investigated the balances of the several funds and accounts, calculated the salary and wage expense for 1969, made a table of wage rates, determined the cost of programs and materials budget- ed in 1968 which must be carried into 1969, and have costs several items which require additional fi- nancing such as the "dog pound account". I have requested that ordinances and resolutions be drawn covering all these transactions. In order that you may be aware of the financial details involved I submit the following: Wage and Salary Plan, 1969 Table 1, Requested Supplemen- tal Appropriations to 1969 Budget for Salary and Wage Adjustments Table II, Requested Supple- mental Appropriations to 1969 B u d g e t Incomplete Commitments Budgeted in 1968 The tables indicate the intent and purpose of the proposed ordi- nances and resolutions. On page 5 of each table I have indicated the fund transfers required to finance the requested supplemental appro- priations. Ordinances for increasing bud- get appropriations must be set down for public hearing. Resolu- tions requesting fund transfers may be passed at the Council meeting at which they are pre- sented. I recommend to you the pro. posed ordinances and resolutions. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 116.69 A Resolution for the transfer of $345.00 from the Municipal Golf Course Development Fund to the Municipal Golf Course Fund, for the following reason: To provide for wage adjust- ment retroactive to January 1, 1969, from budgeted 4.2% to 6% increase. Now therefore be it resolved by the City Council of the City of Dubuque, Iowa, that $345.00 be transferred from the Municipal Golf Course Development Fund to the Muniepal Golf Course Fund to cover additional appropriation amendments included in Ordi- nance No. 1-69. Passed, adopted and approved this 5th day of May, 1969. Walter A. Pregler Mayor 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 Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 117-69 A Resolution for the transfer of $32,575.00 from the Liquor Sales Profit Fund to the following funds and in the amounts as listed: $15,000.00 to the Public Safety Fund $ 1,850.00 to the Fire Retire- ment System Fund $ 4,500.00 to the Iowa Public Employees Retirement Fund $11,225.00 to the Social Secu- rity Fund, for the following reasons: To provide for salary and pen- sion payment adjustments, re- troactive to January 1, 1969. Now therefore, be it resolved by the City Council of the City of Dubuque, Iowa that $32,575.00 be transferred from the Liquor Sales Profit Fund to the following funds and in the amounts as listed: $15,000.00 to Public Safety Fund $ 1,850.00 to the Fire Retire- ment System Fund $ 4,500.00 to the Iowa Public Employees Retirement Fund _a. Regular Session, May 5, 1969 201 $11,225.00 to the Social Secu- rity Fund to cover additional appropriation amendments included in Ordinance No. 1.69. Passed, adopted and approved dapproved this 5th day of May, Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays --None. Absent—Councilman McCauley. RESOLUTION NO, 118-69 the Urban Renewal -Iowa R-15 fund, and the City Auditor is directed to correct his books ac. cordingly and to notify the treas- urer of this transfer, accompany- ing the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Ayes—Walter A. Pregler, Mayor, Gaylord M. Couchman, Donald R. Meyers, Merlin F. Schultz, Council- men. Nays—None. Absent — Councilman Sylvester McCauley. RESOLUTION AND APPLICATION FOR APPROVAL OF THE PERMANENT TRANSFER OF FUNDS WHEREAS, there is now in the hands of the treasurer the sum of $90,000.00, credited to the Gen- eral -Land Sales fund, and WHEREAS, there is now in the hands of the treasurer the sum of $33,780.00, credited to the Liquor Sales Profit fund, and WHEREAS, it is desired to transfer $123,780.00 f r o m the above Funds to the Urban Renew- al -Iowa R-15 Fund, for the follow- ing reasons: cash payment due project in 1969. and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa; and WHEREAS, there is sufficient money in the above funds to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re solved by the City Council of Du buque County, Iowa, subject to the approval of the State Comptroller that said sum of $123,780.00 be and the same is hereby transferrer $90,000.00 from the General Lan( Sales Fund and $33,780.00 fron the Liquor Sales Profit funds to Walter A. Pregler Mayor Leo F. Frommelt City Clerk I hereby certify the above to be a true and correct copy of resolution passed by the City Coun- cil on the 5th day of May, A.D. 1969. Leo F. Frommelt City Clerk APPROVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved this 9 day of May, 1969. Note: Comptroller approved transfer of $90,000 only from Gen- eral Fund to Ur,)an Renewal Fund. Maurice E. Baringer State Comptroller Chairman State Appeal Board Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 11969 RESOLUTION AND APPLICATION FOR APPROVAL OF THE PERMANENT TRANSFER OF FUNDS WHEREAS, there is now in the hands of the treasurer the sum of $17,463.00, credited to the Gen* eral fund, and WHEREAS, it is desired to trans- fer $17,463 00 from the General Fund. $15,590.00 to the Public Safety Fund and $1,873.00 to the Police Retirement sons Tostem Fund for the following e Pro- 202 Regular Session, May 5, 1969 vide for salary adjustments retro- active to January 1, 1969, from budgeted 4.2% to 6% increase. and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa; and WHEREAS, there is sufficient money in the General fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOVI THEREFORE, be it re- solved by the City Council of Du. buque County, Iowa, subject to the approval of the State Comptroller, that said sum of $17,463.00 be. and the same is hereby transferred from the General fund $15,590.00 to the Public Safety Fund and $1,873.00 to the Poi. Retire. fund, and the City Auditor is directed to correct his books accordingly and to notify the treasurer of this transfer, accompanying the notifi- cation with a copy of this resolu- tion and the record of its adoption. The vote thereon was as follows- Ayes—Walter A. Pregler, Mayor, Gaylord M. Couchman, Donald R. Meyers, Merlin F. Schultz, Council- men. Nays—None. Absent — Councilman Sylvester McCauley. Walter A. Pregler Mayor Leo F. Frommelt City Clerk I hereby certify the above to be a true and correct copy of resolu- tion passed by the City Council on the 5th day of May, A.D. 1969. Leo F. Frommelt City Clerk APPROVAL The above application and res- olution having been filed with the State Comptroller, the transfer re- quested is approved this 9 day of May, 1969. Maurice E. Baringer State Comptroller Chairman State Appeal Board Councilman Meyers moved adop- tion of the Resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. ORDINANCE NO. 25-69 An Ordinance amending the bud. get as approved by Ordinance No. 1.69, 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 Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by May- or Precler. Carried by the follow. ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Couchman moved that a public hearing be held on the Ordinance on May 26, 1969, 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 Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays --None. Absent—Councilman McCauley. COUNCILMAN COUCHMAN LEFT THE COUNCIL CHAMBER AT 11:00 P.M. Petition of A-1 Plumbing, Cool- ing & Heating Co. requesting per- mission to excavate: in the alley to the rear of 395 Main Street, presented and read. Mayor Pregler moved that the petition be ap- proved. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. Petition of Tri-State Convales. cent Center Inc. requesting per- mission to excavate at 923 W. 3rd Street to disconnect existing wa- ter Services, presented and read. Councilman Meyers moved that the petition be granted. Seconded by Councilman Schultz. Carried by the following vote: Regular Session, May 5, 1969 203 Yeas—Mayor Pregler, Council- men Meyers, Schultz. Nays --None. Absent—Councilmen Couchman, McCauley. i Petition of Dubuque Summer Festival Inc. requesting permission to use the Dubuque Industrial Park for a summer festival to be held from July 16th to 20th, presented and read. Mayor Pregler moved that the petition be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. Petition of The Dubuque Jaycees requesting permission to use an outside loud speaker in conjunc- tion with the annual Jaycee Radio Day event on May 8, 9, and 10th, presented and read. Mayor Pregler moved approval of the petition subject to approval of the City Manager and staff. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. Petition of Dubuqueland Food 'N Fun Expo requesting permis- sion to conduct a fireworks display at the Industrial Park on June 22, 1969, presented and read. Mayor Pregler moved that the petition be denied. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. Petition of American Legion re- questing permission to conduct their annual drum corps parade to be held on July 5, 1969, pre sented and read. Mayor Pregler moved that the petition be ap Proved subject to review by th4 City Manager and staff. Secondee by Councilman Meyers. Carried b; the following vote: Yeas—Mayor Pregler, Council. men Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. Petition of Earl Rohr Jr, et al 18 signers) requesting sewage ervice to 32nd Street and Brueek toad, presented and read. Mayor 'regler moved that the petition ie referred to the City Engineer or investigation and report. Sec- )nded by Councilman Meyers. Car- ied by the following vote: Yeas—Mayor Pregler, Council - nen Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. Petition of Dubuque Memorial Day Committee requesting permis- sion to hold a Memorial Day Parade on Friday May 30, 1969, Meyers Councilman moved approval of rsthe petition. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. Petition of Navy Club No. 67 requesting a refund of $100. on the unexpired portion of Class B Beer License (issued in 1968) No. 75, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas__ ay Pregler, Council- men Meyers, Schultz. Nays—None. Absent --Councilmen Couchman, McCauley. Petition of Charles L. Hamblin requesting permission to excavate in the 3400 block of Pennsylvania Avenue to connect water Councilman presented and read. Schultz moved that the petition be approved. Seconded by Pregler. Carried by the following vote: Council- Yeas—Mayor gler, men Meyers, Schultz, Nays—None. Absent --Councilmen Couchman, McCauley. RESOLUTION ppNO. ti 9 f o r WIiEREAS, Beer Permits have been royal i and to this Council for approval the same have been NOW THEREFORE, 204 Regular Session, May 5, 1969 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 Herbert F. Bisping, 1401 Elm Street Charles R. Cushing, 1091 Main Street Richard N. Stecklein, 450 West Locust Donald C. Sharpe, M.D., 16th Street Extension Jeanann Majerus, 253 Main Street (Effective date May 26, 1969) CLASS "C" BEER PERMIT C a r 1 VanDuelman, 590 Clarke Drive Passed. adopted and approved this 5th day of May, 1969. Walter A. Pregler Mayor 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 Pregler, Council- men Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. RESOLUTION NO. 12169 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 Herbert F. Bisping, 1401 Elm Street Charles R. Cushing, 1091 Main Street Richard N. Stecklein, 450 West Locust Donald C. Sharpe, M.D., 16th Street. Extension Jeanann Majerus, 253 Main Street (Effective date May 26, 1969) CLASS "C" BEER PERMIT Carl VanDuelman, 590 Clarke Drive BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants he and the same are here- by approved. Passed, adopted and approved this 5th day of May, 1969. Watler A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol• lowing vote: Yeas—Mayor Pregler, Council. men Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. RESOLUTION NO. 122.69 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 CONTROI. ACT— CHAPTER 123 as amended by the 60th General Assembly, 1963. CLASS "C" LIQUOR LICENSE Charles R. Cushing, 1091 Main Street Navy Club Ship No. 67, 342 Main Street Jeanann M. Majerus, 253 Main Street (Effective date May 26, 1969) Passed. adopted and approved this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald It. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Repilar Session, May 5, 1969 205 Councilman Meyers. Carried by the following vote: yeas. --Mayor Pregler, Council men Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. RESOLUTION NO. 123.69 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" LIQUOR LICENSE Charles R. Cushing, 1091 Main Street Navy Club Ship No. 67, 342 Main Street Jeanann M. Majerus, 253 Main Street (Effective date May 26, 1969) Passed, adopted and approved this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Courcilman Meyers. Carried by the following vote: Yeas --Mayor Pregler, Council- men Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, Schultz. Nays—None. Absent—Councilmen Couchman, McCauley. Leo F. Frommelt City Clerk Approved August 4, 1969. Adopted August 4, 1969. Special Session, May 12, 1969 CITY COUNCIL OFFICIAL Special Session, May 12, 1969. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of author- izing the sale, issuance and deliv- ery of project notes in the aggre- gate principal amount of $4,975,003 and the execution of requisition agreement No. 1 in connection with project No. Iowa R-15, Urban Re- newal, and acting upon such other business as may properly come before a regular meeting of the City Council. May 7, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you the letter of Martin Jacobs which proposed an implanted heat system in the pedestrianway to remove snow. I am also enclosing a letter re- ceived from Urban Renewal Direc- tor, Gent Wittenberg, who inves- tigated the matter. It is apparent that the cost of installing a snow removal system would be considerable. The matter will be thoroughly reviewed again by your staff dur- ing the June budget time. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication he received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—?done. May 1, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear. ing on a proposal to reclassify from Two Family to Multiple Fam- ily Residence, property described as: Lots 34, 35, 36, 83, 84 and lots 90 through 98 all in A. P. Woods Subdivision, lot 1, and lot 2 of lot 2 in McGrath's Subdivision and the westerly 76 feet of lot 1, and lot 2 of Kirkwood Place. This property consists of 16 vacant lots and 3 residential struc. tures. Several of the vacant lots are a part of an inactive stone quarry. Access to the presently unde- veloped area is from Blake Street —an unimproved street intersect- ing with Kirkwood Street. In viewing the area the Com- mission found that because of the steep topography and soil condi- tion that development for single family or two family structures would be difficult. Portions of the streets that are platted but im- proved would be impractical to improve because of the steep grades. It was the opinion of the Com- mission that Multiple Residence development of this area would permit a proper and efficient use of the land. It is the recommendation of the Planning and Zoning Commission that the area described above be reclassified from Two Family Res- idence to Multiple Family Res- idence on the Zoning Map. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved that the recommendation of the Com- mission be denied. Seconded by Councilman Schultz. Vote on the motion was as follows: Yeas — Councilmen Meyers, Schultz. Nays—Mayor Pregler, Council- men Couchman, McCauley. MOTION LOST Mayor Pregler moved that the communication of the Planning & Zoning Commission be referred to the City Solicitor for proper pro. ceedings. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—Councilman Schultz. Special Session, May 12, 207 Communication of Harold A. Conzett et al objecting to the pro- posed rezoning of lots 34, 35, 36, 83, 84 and lots 90 through 98 in A. P. Woods Subdivision, and Lot ] and 2 of 2 in McGraths Sub. and the Wly 76' of Lot 1 and Lot 2 of Kirkwood Place, presented and read. Councilman Meyers moved that the communication be re- ceived and filed. Seconded by May- or Pregler. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council men Couchman, Meyers, McCauley, Schultz. Nays—None. Communication of L. Patrick Showalter et ux objecting to the proposed apartment complex for Blake Street mainly because they will have apartments in their im- mediate back yard, presented and read. Councilman Meyers moved that the communication be re- ceived and filed. Seconded by May- or Pregler. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. May 9, 1969 Hon. Mayor and City Council Re: Aid Insurance Services subrogation claim re Patrick Graze Gentlemen: On January 31, 1969, AID Insur- ance Services filed its subrogation claim against the City of Dubuque, Iowa for recovery of damages paid to its insured, Patrick Graze, as the resu?t of damages to a motor vehicle owned by said Patrick Graze on October 17, 1968 caused by a dead tree limb falling on said motor vehicle, claiming damages of $63.86. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim Of AID Insurance Services be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City At. torney be approved, Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. May 9, 1969 lion. Mayor and City Council Re: Giese Sheet Metal Co., Inc. Gentlemen: On February 28, 1969, Giese Sheet Metal Co., Inc. of Dubuque, Iowa filed claim against the City of Dubuque, Iowa for damages in the amount of $42.43 allegedly suffered on December 23, 1968 as the result of a plugged floor drain cause by waste materials from Marill Chemical Co. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to the City At- torney of no actionable negligence on the part of the City of Du- buque, and in view of the fore- going it is the recommendation of the City Attorney that the claim of the Giese Sheet Metal Co., Inc. be denied. Original claim is attached here- to. Your very truly, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City At- torney be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. May 9, 1969 Hon. Mayor and City Council Re: Tilferd and Mildred Haugen Gentlemen: On February 28, 1969, Tilferd and Mildred Haugen, of 1135 Kauf- man Avenue, Dubuque, Iowa filed claim against the City of Dubuque, Iowa for damages in the amount of $5,000.00 allegedly suffered on February 23, 1969 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and 208 Special Session, May 12, 1969 reported by letter to this office on April 28, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attor- ney that the claim of Tilferd and Mildred Haugen be denied. Original claim is attached here- to. Yours very truly, 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 Pregler, Council- men Couchman, Meyers, McCauley. Nays—Councilman Schultz. Notice of Claim of Lyle Daughe- tee Sr., in the amount of $165.73, for personal injuries received in a fall on an ice covered sidewalk near 15th & Main Street, on Feb- ruary 17, 1969, presented and read. Councilman Meyers moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Notice of Appeal in the matter of condemnation of S % of Lot 63 in the Urban Renewal Area filed by Leonard Burke d/b/a The Tropic Lounge, presented and read. Councilman Meyers moved that the notice be referred to the City Attorney. Seconded by Ma- yor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley. Nays—Councilman Schultz. Notice of Appeal in the matter of condemnation of S 1/3 of Lot 63 in the Urban Renewal Area filed by James J. Renier et al, pre- sented and read. Councilman Mey- ers moved that the notice be re- ferred to the City Attorney. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCau- ley. Nays—Councilman Schultz. ORDINANCE NO. 26-69 An Ordinance Amending the Budget as Approved by Ordi- nance No. 25.69, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Pregler. Car. ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Councilman Meyers moved that a public hearing he held on the Ordinance on May 26, 1969, 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 McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. ORDINANCE NO. 27.69 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, so as to change certain property hereinafter de- scribed from "Multiple Family Residence District" classifica- tion to "Single Family Residence District" classification (West- chester 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 Meyers. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- Special Session, May 12, 1969 209 nance to be read on three separate days be waived. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. Councilman Couchman moved that a public hearing be held on the Ordinance on June 2, 1969, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no - time of the hearing in the man- ner required by law. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. ORDINANCE NO. 28-69 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 - tor, insurance, musician or simi- lar professions may be per- mitted, (Westchester Subdivi- sion), 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 Pregler, Council- men Couchman, Meyers, McCauley, 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Councilman Couchman moved that a public hearing be held on the Ordinance on June 2, 1969, 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 Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Pregler, Schultz. Nays—None. Petition of James J. Renier re- view of action taken at the Coun. cil meeting of April 7, 1969, wherein condemnation of property located at 520 Main Street in the Urban Renewal Area was author. ized, presented and read. Mayor Pregler moved that the petition be referred to the Urban Renewal Director. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Illinois Central Rail- road Co. requesting vacation of the part of Main Street lying souther- ly of Railroad Avenue—all that part of Railroad Avenue lying east- erly of Main Street—all of the al- ley which extends through Block 28 of Dubuque harbor Company Addn., presented and read. Mayor Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Edward J. Rolle and Collier F. Altman requesting re- zoning of Block "A" in Oak Brook to Multiple Family, presented and read. Councilman Couchman moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of United Spanish War Vets, Gen. ritzhugh Auxiliary re- questing permission to conduct a carnation day on May 17th, pre- sented and read. Councilman Couchman moved that the petition be approved. Seconded by Council- 210 Special Session, May 12, 1969 man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Dubuqueland Food N' Fun Expo requesting permis- sion to sell Expo buttons in the downtown area from May 12th to June 12th, 1969,.presented and read. Councilman McCauley moved that the Council acquiesce in the action already taken and author. ity be given to the City Manager to coordinate this sale with sales already granted. Seconded by Ma- yor Pregler. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of Sale of Project Notes in the amount of $4,975,000 to aid in fi- nancing Urban Renewal Project Iowa R-15, 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 Meyers moved that the proof of publication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Not Voting—Councilman Schultz. RESOLUTION NO. 124-69 Authorizing the Sale, Issuance and Delivery of Project Notes in the Aggregate Principal Amount of $4,975,000.00 and the Execu- tion of Requisition Agreement No. 1 in Connection with Project No. Iowa R-15. WHEREAS, City of Dubuque, Iowa (herein called the "Local Is- suing Agency") has entered into one or more contracts (which, to- gether with any supplements there- to or amendments or waivers of any provisions thereof, are herein called the "Contract") with the United States of America (herein called the "Government") provid- ing for a loan by the Government to the Local Issuing Agency for financing the urban renewal, low• rent housing or redevelopment project(s) described in the Con- tract and herein called the "Pro- ject"; and WHEREAS, pursuant to adver- tisement for the receipt of propos- als for the purchase of the First Series 1969 of Project Notes (here- in sometimes called "New Project Notes") of the Local Issuing Agen- cy aggregating $4,975,000.00, which appeared in a Notice of Sale pub- lished on April 22 and 29, 1969, in the Telegraph -Herald in the City of Dubuque, Iowa and in The Daily Bond Buyer in the City of New York, New York, proposals for the purchase of the New Project Notes in the form approved by the Local Issuing Agency were received, opened, and canvassed at the time and place mentioned in said ad- vertisement, to wit: at Council Chambers, 13th and Iowa, City Hall in the City of Dubuque, Iowa 52001 at one o'clock P.M. E.D.S.T., on May 6th, 1969, which proposals are as follows. Name of Bidder: Continental Illinois National Bank and Trust Company of Chicago and First Boston Corporation; Interest Rate, 4.58%; Principal Amount, $4,975,- 000; Premium, $55.00. Name of Bidder: Morgan Guar- anty Trust Company of N.Y. and Salomon Brothers and Hutzler; In- terest Rate. 4.54%; Principal Amount, $4.975,000; Premium, $80.00. Name of Bidder: Mellon Nation- al Bank and Trust; Interest Rate, 4.41%; Principal Amount, $4,975,- 000; Premium, $85.00. Name of Bidder: Bank of Amer- ica, N. T. & S. A. and First Nation- al City Bank; Interest Rate, 4.31%,; Principal Amount, $4,975,000; Pre- mium, $105.00. NOW THEREFORE: BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. The aforesaid publi- cation of the Notice of Sale and the form and contents thereof as so published are hereby, in all re- spects, approved, ratified and con- firmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the development of the Project, or to refund, renew Special Session, May 12, 1969 211 or extend its outstanding Notes is- sued in connection therewith, the Local Issuing Agency hereby de- termines to borrow the sum of Four Million Nine Hundred Sev- enty Five Thousand Dollars ($4.975,000.00 and issue its nego- tiable Project Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and ap- proves the form of each proposal hereinafter in this Section 3 enu- merated for the purchase of the designated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Principal Amount, $4,975,000.00; Interest Rate, 4.31%; Purchaser, Bank of America, N. T. & S. A. and First National City Bank, 300 Montgomery, San Francisco, Cali- fornia 94120. Sec. 4. Each Note shall be dated June 3, 1969, shall be payable as to both principal and interest to bearer, on October 17, 1969, and, pursuant to each proposal for the Purchase of said Notes herein- above accepted, shall bear the rate of interest per annum, pay- able at maturity; shall bear the numbers and be in the denomina- tions; and shall be payable as to both principal and interest at the incorporated bank having trust powers or incorporated trust com- pany, as follows: Purchaser: Bank of America, N. T. & S. A. and First National City Bank, 300 Montgomery, San Fran- cisco, Calif. 94120. Numbers Denominations 1-23 ............................$100,000 24-47 ............................ 50,000 48-89 ............................ 25.000 90-114 ............................ 10,000 115.149 ............................ 51000 Interest Rate, 4.31%; Payable at First National City Bank, 111 Wall Street, New York, N.Y. 10015. None of such Notes shall be valid until after the bank or trust company at which it is payable shall have signed the agreement, aPPearing on each Note, to act as Paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor & City Treasurer of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impressed, imprinted or reproduced thereon and attested by the City Clerk, and said officers are hereby author- ized and directed to cause said Notes to be properly executed. Section 5. Each such Note shall be in substantially the form of HUD -9010, which is incorporated herein by reference, and shall be secured by an agreement entitled "Requisition Agreement No. 1" (herein called the 'Requisition Agreement"), in substantially the form of HUD -9003, which is incorp- orated herein by reference, to be entered into between the Local Issuing Agency and the Govern- ment. Section 6. The Requisition Agree- ment shall be executed in the name of the Local Issuing Agency by the manual or facsimile signa- ture of the Mayor & City Treasurer of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impressed, imprinted or reproduced thereon and attested by the City Clerk, and said officers are hereby authorized and directed to cause the Requisi- tion Agreement to be properly exe- cuted. Section 7. For the punctual pay- ment of the principal of and inter- est on the New Project Notes, the Local Issuing Agency hereby ex- pressly and irrevocably promises to pay any sums which may be re- ceived from the Government pur- suant to the Requisition Agree- ment relating to such series of Project Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Issu- ing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contributions, funds and amounts authorized or required by the Con- tract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Tempor. ary Loan Obligations," "Advance Notes" or "Permanent Notes") as issued in connection with the Pro- ject are hereby irrevocably pledged to secure the payment of the prin. cipal of and interest to maturity on the New Project Notes. 212 Special Session, May 12, 1969 Such pledge and the lien created thereby shall cease and terminate when monies or investment se- curities convertible into cash not later than the maturity date of the New Project Notes, sufficient and for the purpose of paying the principal and interest to maturity on such Notes, are deposited with the paying agent or agents for such Notes. Section 8. The proceeds derived from the sale of the New Project Notes, together with such amount of other funds of the Local Issu- ing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in accordance with the provisions of the Requisition Agreement. Section 9. The City Treasurer is hereby authorized and directed to send promptly a letter to each pay- ing agent for the New Project Notes in substantially the form of HUD -9004, which is incorporated herein by reference, and to trans- mit therewith (a) the New Project Notes for which the addressee is the paying agent for delivery and payment and (b) a signature cer- tificate and receipt, in accordance with the terms of said letter, and to take such other actions as may be required to complete the deliv- ery transaction in accordance with the terms of the letter to the pay- ing agent. Passed, approved and adopted this 12th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman City Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Not Voting—Councilman Schultz, RESOLUTION NO. 125.69 WHEREAS, Richard C. Henschel and Mildred L. Henschel, his wife, have conveyed the following de- scribed real estate: Lot 10 in "Peg -o Mesa" in the City of Dubuque, Iowa, accord. ing to the recorded plat thereof to 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 delivery of the Warranty Deed, dated May 5, 1969, executed by Richard C. Hen• schel and Mildred L. Henschel, his wife, conveying to the City of Du. buque, Iowa the above described real estate be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to accept said War- ranty Deed to be recorded in the office of the Dubuque County Re- corder. Passed, approved and adopted this 12th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 126.69 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. Montgomery Ward & Co., Kennedy Mall, 555 John F. Kennedy Road BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 12th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Special Session, May 12, 1969 213 Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by A;ayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler. Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 127-69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, the City BE IT RESOLVED by Council of the City of Dubuque. Bons that following licenses be applica- tions be granted issueupon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Denise O'Neill. 55 Locust Street Paul W. Schollmeyer, 176 Locust Street CLASS "C" BEER PERMIT Lil' Giant Food Store Inc., 2644 Pennsylvania Avenue Passed, adopted and approved this 12th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 128.69 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 wer( inspected and found to comply wit, the ordinances of this City ane they have filed proper bonds: NOW, THEREFORE BE IT RF SOLVED by the. City Council o the City of Dubuque, Iowa, that th lanager be and he is hereby di• rected to issue to the foll,)wing named applicants a Beer Permit. CLASS "B" BEER PERMIT Denise O'Neill, 55 Locust Street Paul W. Schollmeyer, 176 Locust Street CLASS "C" BEER PERMIT 1.il Giant Food Stores Inc., 2644 Pennsylvania 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 12th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Councilmen Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Leo F. Frommelt, City Clerk Approved August 4, 1969. Adopted August 4, 1969 214 Special Session, May 20, 1969 CITY COUNCIL OFFICIAL Special Session, May 20, 1969. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERING AWARD OF CON- TRACT FOR THE CONSTRUC- TION OF A FIRE DEPARTMENT HEADQUARTERS BUILDING AT NINTH STREET AND CENTRAI. AVENUE, and acting upon such other business as may properly come before a regular meeting of the City Council. Printed Council proceedings for the month of February 1969, pre- sented for approval. Mayor Preg- ler moved that the Council pro- ceedings for the month of Feb- ruary 1969 be approved as print- ed. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas —:Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Communication of Dubuque Dock Commission submitting Re- newal of lease covering use of Naval Reserve area, in Hams Addn. from July 1, 1969 to June 30, 1970, recommending execution of same, presented and read. Councilman Meyers moved approv- al of renewal of the lease. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas -- Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None May 20, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: We are pleased to submit here- with a report requested by you relative to the Housing of City Government. You charged us with the follow. ing: 1. Investigate and evaluate those operations of City Government which are now outside the City Hall. Consider the amount of money paid for the rental of these facilities and the loss of efficiency due to their proxim. ity from other departments. 2. Examine the present City Hall for space implementation, func- tional efficiency and overall physical condition. 3. Request from the County -City Authority those statistics perti- nent to the requirements of accepted practice relative to the space the City should be us- ing to offer efficient and ex. peditious operating methods. Compare these figures with the area now being used in City Hall. 4. Compare the cost of property in the Urban Renewal area with the cost of land in other areas of the City which might seem suitable for housing a govern- ment building. The charges were presented to the Advisory Commission on March 25, 1969. A great many man hours have been expended in the two months since then in an ef- fort to compile a fair, factual and forthright report addressed to those charged. This committee ac- knowledges with appreciation the assistance and cooperation of City employees, members of the Coun- ty -City Authority and citizens who have been long concerned with the housing of their City Government. We hope the report, conclusions and recommendations will help the Council in its attempt to solve a problem that has defied resolution since before the turn of the cen. tury. On November 30, 1889, the Du. buque Daily Herald reported that the Dubuque City Council had rec- ommended that the Dubuque City Hall be condemned and torn down; that the building was considered a disgrace. Seventy-nine years and six months later we are still wres. tling with the problem. Special Session, Mav 20, 1969 215 We appreciate this opportunity to participate. Respectfullv submitted, Roger J. Rhomberg Chairman Dubuque Advisory Commission Keith Sheehv Vice -Chairman Dubuque Advisor,- Commission DUBUQUE CITIZENS ADVISORY COMMISSION REPORT ON CITY GOVERNMENT FACILITIES Method of Procedure The Advisory Commission was divided into four subcommittees. Each sub -committee was assigned one of the charges given to us by the Council. Each sub -committee submitted a written report. These reports in their entirety are on file in the minutes of the Advisory Commis- sion meetings. An Executive Committee then blended the sub -committee reports into a summary report to be sub- mitted to the City Council. The Advisory Committee again met on !+,fav 19th to consider the final draft of the summary report, adopting it unanimously. 1. Investigate and evaluate those operations of City Government which are now outside the City Hall. Consider the amount of mon- ey paid for the rental of these fa- cilities and the loss of efficiency due to their proximity from other departments. Rental Office Space: Sq.Ft. Rent Dubuque Planning and Zoning Dept. 1.200 $1.800 Dubuque Municipal Court 3,674 11,400 Dubuque Urban Renewal Dept. 750 2.080 Total Annual Rent $15,280 These rented facilities are all in the Fischer Building, 909 Main Street. Other Departments housed outside City Hall: Dubuque Fire Department Dubuque Recreation Department Dubuque Parks Department Dubuque Airport 'Dubuque City Attorney Dubuque Dock Commission Dubuque Street and Sanitation Department *The City Attorney is part time. He receives an S80 a month office allowance in addition to salary. Departments such as Urban Re. newal and Planning and Zoning are particularly hampered in their physical separation from City Hall. Both Departments hpve almost constant need for access to infor- mation kept in the City Engineer's Office and the City Manager's Of- fice. Both have need of frequent conferences with other Depart- ment Heads. Not only is there a substantial loss of man hours, but efficiency is diminished as a result of less communications than are desirable. The efficiency of both the Po- lice Department and the Munici- pal Court would be improved by common housing. With an already understaffed Police Department, it is undesirable to spread the man- power thinner by having the Mu- nicipal Court housed in a separate location. The City of Dubuque is in a period of relatively rapid growth. This committee believes the effi- cient operation of municipal gov- ernment would be enhanced if the purely administrative functions of the following Departments could be housed in the same building as the City Administration: Recreation Department Street and Sanitation Department Parks Department Dock Commission Space for the administrator and secretarial help for these Depart - meats should be located in City Hall. This becomes even more de- sirable in the future as the City continues to grow. Office space for the City Attor- ney should also be provided in City Hall. Secretarial help should maintain the office during normal business hours whether or not the City ever decides to make the pt#si- tion a full time job. 2. Examine the present City Hall for space implementation, func- tional eFficiency and overall physi- cal condition. The City Hall is being used fat beyond any capacity imagined 216 Special Session, May 20, 1969 when originally constructed in 1857. Obviously, any building 112 years old has significant deficien- cies. While the exterior appears to be structurally sound and well kept, the interior has both serious and hazardous structural defi- ciencies and a woefully inadequate amount of space. I1 should be noted that the City Hall was constructed to serve as a combination seat of government and public market place when the population of Dubuque was less than one-fifth its present size. Even a complete remodeling of the interior to correct structural deficiencies would fail to provide sufficient room to house munici- pal government today, much less in the years to come. While all Departments are se- verely cramped for space. there are several situations which re- quire special notation. a) One small room of about 36 square feet, with barely enough room for a desk and chair is used to house six detectives. If more than one person is being interro- gated, the corridors are often used. b) The Youth Bureau Officer has no office. He is located in a corner of the Records Room and must interview juveniles and their parents in semi-public situations. c) Police Department space is so limited that lockers line the corridors and walls. d) The City Clerk, City Treas- urer and City Auditor Offices are crowded together in space barely adequate for any one office. As a result, many records that should be readily accessible are stored in other parts of the building. The Lack of space also restricts the consideration of modern office ma- chineF., thus diminishing the effec- tiveness of these Departments. e) Rest room facilities are very inadequate. There are no shower facilities for either Police or pris- oners. A small men's room on the first floor serves as the only facil- ity for male employees on both the first and second floor, the Police Department and the public. There is a small women's rest room be. neath the stairs leading to the sec- ond floor and another on the sec- ond floor. fl Conference space is at a pre. mium. The only room available is the Council Chambers. As a result few meetings are held at City Hall and time is lost with City em. ployees attending meetings else- where. g) Shelf and storage space is al- so inadequate, and many City Hall employees are forced to use win- dow sills, etc. as a place to store reference materials. h) The entire Building Depart- ment is housed in a space not much larger than a good sized liv- ing room. Privacy in consultation is a practical impossibility. The examples of inadequacy of space are nearly countless. City employees forced to work under these conditions are due a special measure of appreciation from the people they serve. Special mention should also be made of the fire hazard, particu- larly for Engineering Department employees at the west end of the third floor. 3. Request from the City -County authority those statistics pertinent to the requirements of accepted practice relative to the space the City should be using to offer effi- cient and expeditious operating methods. Compare these figures with the area now being used in City Hall. Using criteria developed and generally accepted by architects we conclude that the present City Hall has only 43% of the desirable capacity for housing Dubuque City Government. This space limitation is not surprising. The building was constructed when the City's popu- lation was about 12,000. In general categories we present the following information: Present Pres - Space ently Needed General Administra- tion, Council 1,826 4,867 Other Administrative Staff (Clerk, Treas- urer, Auditor, etc.) 1,150 2,338 Police Department (Inc. Pistol range) 6,348 10,348 Engineering Depart- ment -Building De- partment 2,550 4,207 Special Session, May 20, 1969 217 Water Department 1,080 1,747 F Health Department 629 1,16. 1 General Purpose (Com- puter room, storage, etc.) 2,525 6.900 *Departments house elsewhere 5.940 Totals 16,108 37.782 *Includes: Municipal Court. Plan- ning and 7.oning. Urban Renew- al. Recreation Director. Parks Superintendent. Deck Commis- sion Office. Street Commission- er and City Attorney. The space need is obvious. The cramped quarters cause congestion, inefficiency. lack of privnev for citizens dealing with City Officers, health and safety hazards. NOTE: The difference between the square foot needs cited in this report and in the sub -committee report reflects adjustments of presently used space by Depart- ments located in the City Hall to presently needed space for those Departments. 4. Compare the cost of property in the Urban Renewal Area with the cost of land in other areas of the City which might seem suit- able for housing a government building. Keep in mind all the improvements, costs, etc., which would be fulfilled by Urban Re- newal. The Commission agreed that a suitable site for housing City Gov- ernment should: a) be easily accessible by auto- mobile or bus, b) be near other Governmental facilities, particularly those of County Government, and c) be in harmony with the gen- eral development plan for the City. Suitable sites for a facility to house City Government are con- fined to an area bounded by Sec- ond Street on the South, the bluffs on the. West, Fourteenth Street on the North and Central Avenue or the East. The land costs in this area wil vary substantially depending or location and the type of improve ments that are on the site. The cost of sites within the Ur ban Renewal project area can b purchased at a "fair market price' for cleared land. Costs outside th roject arca will include land, the alue of any buildings on that and, demolition costs and all oth- r costs involved in preparing the ite for construction. The site between Iowa and Main street, Fourth and Fifth Streets is stimated at $2.75 a square foot. A site outside the project area, Ixrt within the area considered suitable, was recently leased on the basis of a real value of $6.00 per square foot The cost of land will represent a small percentage of the total cost of a facility to house City Government and should not be a major factor in site selection. 5. The letter from the City Council conveying the charge to the Advisory Commission also suggested we should feel free to contact the County AJvisory Com- mission should we deem it neces- sary to correlate our recommenda- tions with theirs. However. because we were spe- cifically charged with examining and evaluating facilities for hous- ing City Government and because we desire to keep this report as objective as possible and as free of obfuscating arguments as possi- ble, we chose not to discuss the issue with the County Advisory group at this time. We concluded that initial discussion of combined facilities, if any, should be broached on the policy making level first. We are residents and taxpayers of the County of Dubuque; and, as such, we are not unaware of recommendations made by the County Advisory Commission two months ago. To that extent we make the following observations: a) The County report clearly states that present facilities hous- ing County Government are obso- lete, inadequate, inefficie t and as hazardous. Our report j clearly makes the same comment on City facilities. b) The County report says re- modeling and enlargement of the County Court House is not feas- ible. We say the same about the City Hall. c) The County report says a new Court House should be constructed in the downtown area. Our report 218 Special Session, May 20, 1969 says a new City Hall should be constructed in the downtown area. d) The County report says a ref- erendum for a new Court. House should be. held as soon as possible. We recommend that a referendum on a new City Hall should be scheduled as soon as possible. e) The County report says con- tact should be made with the City to discuss the sharing of land. We recommend the City make con- tact with the County to discuss not only the sharing of land, but the sharing of facilities as well. In this time of high construction costs, high interest rates, increas- ing inter -governmental coopera- tion, and the need to seek ways to make maximum use of our tax dollars, common sense dictates a single facility to house both units of government, for the conserva- tion of both capital construction costs and future operating costs and efficiency. Since the need of both facilities is obvious and immediate, we strongly recommend that the City Council confer as soon as possible with the Board of Supervisors to discuss the benefits of a joint fa- cility. If, for any reason, separate fa- cilities are indicated, this commis- sion, made up entirely of county residents and taxpayers, would have to recommend that City facil- ities take priority. The City Hail problem, in our judgment, is more critical (by 30 years) than the County Court House problem. It is also our sincere belief that the cost of these facilities should be spread over as long a period of time as possible. The construction of a joint facility permits the cost to be spread over two generations by virtue of legislation permitting a bond issue up to 50 years. Legis- lation governing separate facilities requires bond repayment within 20 years loading the entire cost of the facilities on a single genera- tion. Since the initial discussion of a joint facility began several years ago, construction costs and inter- est rates have continued on an up- ward spiral. We fully appreciate that there will be a desire to mini- Mize the size of any bond issue. We respectfully caution against a "penny wise, pound foolish" ap• proach which might lead us to construction of facilities inade- quate to meet the demands of the immediate future. We believe it of importance to the future of Du- buque that any facility, joint or separate, be sufficient to meet the foreseeable needs for the housing of government in Dubuque. We wish to avoid the situation present- ly faced by Waterloo and Black Hawk County, in which relatively new facilities are already inade- quate and Departments are using space outside the new buildings. In conclusion, we quote from the Dubuque Herald, January, 1895, "The City has a new and modern engine house, a new court house and other fine looking public buildings, but the City Hall is an eyesore to the residents of the City and to the visitors." The City is about to have a new, modern engine house. Let us not wait for the cycle to repeat itself. Councilman Schultz moved that the report be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Mayor Pregler moved that the report be made a matter of record in the interest of posterity. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz. Nays—None. Councilman Couchman moved that the Mayor contact the Board of Supervisors to arrange for a meeting to discuss housing facili- ties for the governmental bodies. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. May 19, 1969 To the Honorable Mayor and City Council Gentlemen: I am enclosing a letter which I received from Jerry it. Kramer requesting the installation of a street light at the foot of Pleas- ant. Street and Stafford. Special Session, May 20, 1969 219 The city electrical inspector has viewed the location and it is rec- ommended that a 4000 lumen in- candescent light be installed as requested. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler. Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. May 12, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you a petition for street lights on Bies and Keb- bie Drives. It is recommended that four 175 watt mercury vapor lights be in- stalled at the following locations: 1. On pole at rear of church on Bies Dr. 2. On pole at start of bend near 1640 Bies Dr. 3. On southeast corner of the in- tersection of Bies Dr. and Dan- iels Street 4. On pole located on the inter- section of Daniels and Kebbie, southwest corner 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 Pregler, Council- men Couchman, Meyers, McCau. ley, Schultz. Nays—None. May 12, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of James J. Gruber requesting that the city sell Lots 314 and 315 in Lennox Addition. It is necessary for the city to retain a 30 foot storm sewer ease- ment across this property and, consequently, it is recommended that the city retain ownership of the lots rather than sell them. I am also enclosing a letter re- ceived from City Planner Gilson dated May 9th and a plat of the two lots concerned. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Cuochman, Meyers, McCau- ley, Schultz. Nays—None. May 19, 1969 To the Honorable Mayor and City Council Gentlemen: On March 18, 1968 you author- ized and accepted an agreement with the League of Iowa Munic- ipalities, in cooperation with the appropriate state and federal agen- cies, to undertake the design and testing of a financial reporting system covering all aspects of the fiscal process at the local level and integrating this with other local and state reporting systems. From the time of the agreement to the present, the project plan has been developed and approved by the federal and state agencies. Also, a special consultant, Baxter and MCDonuld and Company, has been selected and the services which the consultant will perform has been worked out in detail. I submit for your consideration a proposed new contract with the League of Iowa Municipalities a part of which is the "Scope of Services" which outlines the work to be performed by the special consultant. This should be made a part of our agreement with the League. I have reviewed the outline of the work to be done and find that it meets the objectives which were planned for the study of the city's financial reporting system. I recommend and request that the Mayor be authorized to sign the new agreement. I am also attaching a summary of the Scope of Services, and copies of a letter of Mr. Hays and contract with State of Iowa. Respectfully, Gilbert D. Chavenelle City Manager 220 Special Session, May 20, 1969 Councilman McCauley moved ap- proval of the recommendation and the Mayor be authorized to sign. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Not Voting—Councilman Schultz. May 16, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1965 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of WATER PLANT OPERATOR, on Wednesday evening May 14, 1969. The following have passed the written examination with an aver- age of 70% or better and are here- by certified. None 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 16 day of May 1969. Violet Savary Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz, Nays—None. May 16, 1969 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 written ex. aminations for the position of ELECTRICAL INSPECTOR 1, on Wednesday evening, May 1.4, 1969. The following have passed the written examination with an aver- age of 707 or better and are hereby certified. Alber, Edward 0. 87.5% Willging, Arthur J. 83.1` 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 16 day of May 1969. Violet Savary Notary Public Mayor Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman. Meyers, McCauley, Schultz. Nays—None. May 12, 1969 lion. Mayor & City Council Re: Kendrick G. Williams Waterloo, Iowa Gentlemen: On March 20, 1969, Kendrick G. Williams of 1116 Iiourland. Water- loo, Iowa, filed claim a:tainst the City of Dubuque, Iowa for damages allegedly suffered on March 5, 1969 as the result of driving over or striking a steel pipe broken off about. four inches a b o v e the ground and located at or near a point where the sidewalk and drive meet at the driveway into the drive next to the Gallery, lo- cated in Dubuque, Iowa causing damages to his tire in the amount of $15.00. This matter was referred to the City Attorney who has made an investigation thereof and finds no actionable negligence on the part of the City of Dubuque and it is therefore the recommendation of the City Attorney that the claim of Kendrick G. Williams be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman McCauley moved that the recomemndation of the City Attorney be approved Sec. Special Session, May N, 1969 221 onded by Mayor Pregler. Carried m by the following vote: S Yeas—Mayor Pregler. Council men Couchman, Meyers, McCauley, Schultz. si Nays --None. t Petition of Hillcrest Investment Block n Inc. reqKey Knolls Subdivision ing rezoning f to pro- b 19 KeY o fessional use classification, pre- d sented and read. Mayor Pregler moved that the petition be re ferred to the Planning & Zoning e manmMeyers. SCarried by the econded by Council- fol- lowing vote: yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Delos A. DorNeiler requesting that the lot located at 2105 Kennedy Road be rezoned to include the professional use. classification, presented and read. Councilman McCauley moved that the petition be referred to the Planning & Zoning Commission. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Grandview Park -Pla- za Corporation et al requesting purchase of an area of Rowan Street, lying east of the improved portion, abutting lots 1 and 2 of Couriers Grandview Place at a suggested price of $100. presented and read. Mayor Pregler moved that the petition be referred to the City Manager for investigation and report. Seconded by council- man Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. Petition of Richard A. Foeckink requesting a refund of $150. on the unexpired portion of Class B Beer license No. 25, as he has discontinued business on May 15. 1969, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Pregler, Council - en Couchman, Meyers, McCauley, chultz. Nays --None. Petition of Recreation Commis - on requesting permission to use he mobile sound system on 8th Main on May 26th from six to ine P.M. and also in the neigh- orhoods from three to six P.M. n June 9th, 10th and 11th, to dvertise their summer programs, P and read. Mayor Pregler moved that the petition be grant - d. Seconded by Councilman Couchman. Carried by the follow - ng vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Mayor Pregler moved that the rules be suspended in order to let anyone address the Council if they so desire. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas—Mayor Prgeler, Council. men Couchman, Meyers, ,McCauley] Schultz. Nays—None. Mr. Ward Horton, assistant direc- tor of recreation, presented the Council with a printed brochure describing the various summer ac- tivities of the Recreation Com- mission. RESOLUTION NO. 12969 WHEREAS, there has been pre- sented a plat of Lot 2 of Lot 10 of Block 4 in Riverfront Subdivi- sion No. 2 in the City of Dubuque, Iowa, dated March 10, 1969, pre- pared by A. A. Rhomberg, profes- sional engineer and surveyor, and WHEREAS, said plat conforms to the ordinances of the City of Dubuque, Iowa and the t statutes of Iowa regulating he of property, NOW gZEREFORE BE IT RE 0UN- SOLVED BY THE CITY CIL OF THE CITY OF DUBUQUE, IOWA: plat of the section 1. That the P Subdivision of Lot 10 of Block 4 in Riverfront Subdivision No. 2 in the City of Dubuque, Iowa pre- pared by A. A. Rhomberg, profes- sional civil engineer and surveyorand the dated March 10, 1969 same is herebyapproved.or and Section Clerk abet end they are the City 222 Special Session, May 20, 1969 hereby authorized and directed to execute said plat for and on be- half of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt by Cleric Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley Schultz. Nays—None. RESOLUTION NO. 130.69 WHEREAS, the Board of Dock Commissioners has entered into a written lease with Hodge Transit Warehouse Co. and Thruput Ter- minals, Inc., and WHEREAS, it is necessary that said Lessees acquire an easement for industrial spur track in, over and across Lot 1 of Lot 10 of Block 4 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa and that said easement should be granted. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That grant of ease- ment to Bodge Transit Warehouse Co. and Thruput Terminal Inc., for industrial spur track in, over and across Lot 1 of Lot 10 of Block 4 of Riverfront Subdivision No. 2 designated easement "A" on plat dated March 10, 1969 pre- pared by A. A. Rhomberg, profes- sional civil engineer and land sur- veyor be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 20th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of tak- ing bids for the construction and erection of the Fire Department Headquarters building to be lo- cated at Ninth Street and Central Avenue in the City of Dubuque, Iowa, presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Some discussion arose as to pos- sible Federal assistance if award of contract for the construction of the Fire Headquarters be de- layed until after July 1. Applica- tion has been made in the amount of $60,000 as a contributing factor to include an emergency center in the construction of the new fire headquarters. Due to the cut- back of Federal assistance avail. able in other fields such as flood control etc. chances of receiving Federal aid are some what slim. City Manager Chavenelle and Fire Chief Dunphy both recommended that construction of the new Fire Headquarters proceed on schedule because of the small chance of receiving Federal aid and that the contract be awarded now. The City Is still eligible for the grant even if construction begins now, but Federal government prefers that Special Session, May 20, 1969 223 projects not be started until after July 1, which is the It seems that of their fiscal year at only so much is alloted to the State for this kind of work but that Dubuque ohfas linton been s i advised con - the City sidered first in the line of re- ceiving aid. May 19, 1969 To the Honorable Mayor and City Council Gentlemen: Bids were received on May for the construction of the Department Headquartersµ were The following bids ceived: Conlon Construction Co. Earl Droessler Heitzman Construction Co. V & E Construction Co. Willy Construction Co. Anton Zwack, Inc. 15th Fire 97-69 and notice to bidders pub- lished in a newspaper published in said City on April 17, 1969 and April 24, 1969; and WHEREAS, said sealed propos- als were opened and read on May 15th, 1969, and it has been deter- mined that the bid of Conlon Con- struction omstruction Company of Dubuque, Iowa in the amount of $478,740 was the lowest bid for the fur• nishing of all labor and materialo and performing the work as pro- vided for in the plans and specifi- cations; now therefore, re- IBE IT RESOLVED by the City Council of the City of Dubuque I am enclosing a letter dated May 15th from architect George E. Deininger recommending the award of the contract. The city can finance the pro- posed construction. I recommend that a contract be awarded to the Conlon Construc- tion Company for construction in the amount of 5478,744. It is requested that the City Manager be authorized to execute the contract documents on behalf of the city. Respectfully. Gilbert D. Chavenelle City Manager Councilman McCauley moved that the recommendation of the City Manager be approved. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley Schultz ays—lone. (Awarding Contract) RESOLUTION NO. 13169 WHEREAS, s e a l e d proposals have been suhm tted by contrac- tors for the Construction of Fire Department Headquarters Build- ing at 9th and Central. DubuQue. Iowa pursuant to Resolution 'NG. Base Bid Alternate Total Bid 472,409 6,331 478,740 481,000 5,860 486,860 475,970 6,692 482,662 530,630 6,631 537,261 481,239 6,572 487,811 477,884 6,520 484,404 .hat the contract for the above mentioned improvement be award• ed to Conlon 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 Per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 20th day of May, 1989. Vr alter A. Pregler Mayor Sylvester M,'Cauley Merlin F. Schultz Donald R. Meyers Gaylord M., Cauchrnan Counc7lmen Attest: Lee F. FrommOt City Clerk Councilman Mc(aulry auA-4 adoption of the resolution. See' -find - ed by U,unf-ilman Grjactemaa- Car- ried by the foticr*ing vote Yea., — Mayor Prag;rr. Cowl' earn Cr uchman, Me'rers, Mccaul" Schultz. *i ays—Kone 224 Special Session, May 20, 1969 RESOLUTION NO. 132-69 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 Barry N. Gantert, 1301 Rhomberg Avenue Marco Giunta, 2022 Central Ave- nue Passed, adopted and approved this 20th day of May 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz, Nays --None. RESOLUTION NO. 13369 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 Harry N. Gantert, 1301 Rhomberg Avenue Marco Giunta, 2022 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 134-69 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 application be granted and license 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" LIQUOR LICENSE D.B.Q. Inc. D/B/A Shot Tower Inn, 290 West 4th Street. Passed, adopted and approved this 20th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays ---None, RESOLUTION NO. 135-69 WIIEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have Special Session, May 20, 1969 225 received the approval of this Coun- t cil. and e e WHEREAS, the premises to be a occupied by such applicants were r inspected and found to comply P with the State Law and all City ` ordinances have filed properhbond,. ereto and they i NOW, THEREFORE BE IT RF. - 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" LIQUOR LICENSE D.B.Q. Inc. D/B/ Shot Tower Inn, 290 West 4th Street Passed, adopted and approved this 20th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Mayor Pregler moved that the Manager be authorized to use what- ever steps are necessary, includ- ing court action, to clean up the Blum property at E. 16th Street and the Fondell property on Shir- as Avenue. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Councilman Meyers moved that the City Manager and City Solicitor draw up regulations as to the use of bow and arrow. Seconded bN Councilman Couchman. Carried b} the following vote: Yeas—Mayor Pregler, Council men Couchman, Meyers, McCauley Schultz, Nays ---None. At. 8:40 P.M. Mayor Pregler moved that th Council go into executive sessio'. i discuss a real estate problem ncount.ered with the Renier Realty o. in the Urban Renewal Area s the result of condemnation otice. Seconded by Councilman Ieyers. Carried by the following ote: Yeas — Mayor Pregler, Council - nen Couchman, Meyers, McCauley, :chultz. Nays—None. At 9:48 P.M. the Council re- urned to the Council Chamber and councilman McCauley moved to reconvene the regular meeting. Seconded by Mayor Pregler. Car- ried by the folowing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Leo F. Frommelt, City Clerk Approved AuguS t 4.?. 1989. Adopted .....pu rus Councilmen City Clerk. 226 Special Session, May 26, 1969 CITY COUNCIL OFFICIAL Special Session, May 26, 1969. Council met at 7:30 P.M. (D.S.T.) Present --Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. City Manager Gilbert D. Chaven- elle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- DUCTING A PUBLIC HEARING ON THE AMENDMENT OF THE CURRENT BUDGET and acting up- on such other business as may properly come before a regular meeting of the City Council. Communication of Sr. Mary An- gelica of St. Francis Home, ex- pressing hope that the Human Rights Commission will be appoint- ed soon, presented and read. Coun- cilman Meyers moved that the communication be received and fil- ed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. May 20, 1969 To the Honorable Mayor and City Council Gentlemen: I am enclosing a petition for additional street lights in the area of 2005 Kaufmann Avenue. The street lighting situation on Kaufmann between Carter Road and North Grandview has been sur• veyed by Mr. Norton. It is recommended that 9 exist- ing incandescent lights be removed and 17, 175 watt mercury vapor lights be installed. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Pregler moved that the recommendation of the City Man- ager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. May 21, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, (Aty Treasurer, and Water Department, as well as a list of claims for which warrants were drawn, for the month of April 1969. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the reports be received and fil- ed. Seconded by Councilman Couch man. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley. Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of con- firmation, adoption and levying assessments as set forth in the Final Schedule of Assessments for the construction of City of Dubu. que 1968 Asbury Road Water Main Project No. 1, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Council- man Meyers moved that the proof of publication be received and fil- ed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler. Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of levy were mail- ed to property owners of record on the County Auditor's roll, by cer- tified mail on May 9, 1969, sub- ject to payment for construction of City of Dubuque 1968 Asbury Road Water Main Project No. 1, presented and read. Mayor Pregler moved that the statement he re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Notice of claim of Mrs. Ron May- berry, in behalf of Karen M. May- berry, a minor, in the amount of $93.00, for personal injuries re- ceived in a fall by said minor over a protruding pipe in the sidewalk at 1805 N. Grandview Ave. on OctO- Spc pial Session, May 26, 146 227 ber 20, 1968, presented and read. Councilman Couchman moved that the notice of claim be referred to the City Solicitor for investigation and report. seconded eHin biollor Pregler.. Carried by vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Notice of claim of Mrs. Rita M. Rang of 24656 Cherry Street, in the amount of $2000. for personal injuries received in a fall in the alley crosswalk between Asbury and Finley streets at the inter- section of said alley and Cherry Street on May 14, 1969, presented and read. Councilman Couchman moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice and record of hearing and certificate to amend the current budget, adopted August 12, 1968, by in- creasing expenditures in various accounts, 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. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. ORDINANCE NO. U49 An Ordinance amending the budget as approved by Ordinance No. 1-69. Be it ordained by the City Council of the City of Dubuque, Iowa: That the unexpended cash balances on he nd at the close of the preceding fiscal Year and expenses not estimated or ap- propriated in the original budget ap- proved by Ordinance No. 1-69, ere here- by allocated, adlusted and appropriated for payment of necessary expenditures of City Government, In the, following amounts and for the purposes as here, after set forth; and to that end the ap- hprop ereby tions and authorized 10 wit: allocations of funds are INCREASED APPROPRIATIONS FUND AMOUNT General Fund S 8,776.00 Street Fund 2,114'00 ORDINANCE NO. 25-69 AN ORDINANCE AMENDING THE BUDGET AS APPROVED BY ORDINANCE NO. 1-69, said Ordi- nance having been previously pre- sented and read at the Council meeting of May 5, 1969, presented for final adoption. Street Road Use Tax Fund 41581.00 Public Safety Fund 33.137.00 Garibagen andn Refuse Disposal 10'734'00 Fund1,253.00 Sanitation Sewage Rental Fund 4,284.00 Municipal Enterprise — Airport Fund Recreation — Park Fund 7,189.00 1,427.00 Recreation General Fu Fund 1,338.00 Recreation — G01 Course 1,133.00 utilities -- Water Works Gen- 1091900 eral Fund Parking Facilities Fund 3,706.00 Project Expenditures Account, No. la. R-15 Fund 1 11800 Prol. Police Retirement System Fund Fund 3.057.00 2'195.00 Iowa Pubireent ogees Retire-Syste ment System Fund Federal Social Security Fund 4,860.00 11,723.00 $107,5".00 EXPENDITURES Increased Fund Approp• Totes Description GENERAL FUND city Manafer Administrative Assistant Clerk - Building Inspector - Clerk - Purchasing Clerk - Steno. - Clerk - Typist... ..... .......... Telephone Operator Social Worker Sub Total -City MSn&W City Clerk City Clerk ••• Assistant City Clerk - License Clerk ........................ Sub Total - City Clerk City Auditor City Auditor .. ................ Account Clerks 1 Sub Tolai • City Auditor City Treasurer City Treasurer ... .. Account Clerk I - Sub Total -City Treasurer Urban Renewal -C100 ExPebse Director $ 786.00 120.00 94.00 46.00 71.00 46.00 64.00 1.249.00 180.00 120.00 .... ... 84.00 ............ _ ........... -384.00 120.00 133.00 —' 253.00 ........ .. ... 186.00 48.00 234.00 33.00 228 Special Session, May 26, 1969 Relocatlot' Agent Clerk Steno. _ Sub Total - U. R. City Expense City Engineer City Engineer Assistant Engineer (Streets) Assistant Engineer (Sanitation) Civil Engineer, Engineer Assts - Sidewalk inspector ..... ... ....... .. Clerk Typist Sub Total -City Enginllar - - City Buildings Janitors Extra Help .............. Sub Total . City Buildings Building Commissioner But ding Commissioner ............. . Building Inspector I ... ... .. .... ... . Housing Inspector _. .. Clerk Typist _ Sub Total -Building Commissioner . ........ Plumbing Inspector Inspector 11 ........................ .. Inspector I Sub Total - Plumbing Inspector Electrical Inspector Inspector 11 - Inspector I Sub Total. Electrical Inspector Air Pollutlon Control Lob Technician Plannina and Zoning City Planner Junior Planner .. Clerk Typist Sub Total- Planning d Zoning Total General Fund - STREET FUND Street Administration Superintendent Assistant Superintendent .... ... Sub Total . Street Administration Street Repairing and Grading P. W. Wages City Garage.Non-Bud$M.Char'gO to Using Depts. Supervisor . . ..... ... Mechanics . _................ ............... . .. Serviceman Account Clerk I1 .......................................... Overtime .. ............................... Sub Total -City Garage .................................. Tree Trimming Foreman .............. I. ......... I ...... _. Equipment Operator I ............ . . ....... ............ Drivers ....... Laborers . ............ .................... OvertimeI ........I ................... .. Sub Total - 7ree Trimming ........................ Traffic Slons and Markings Painter .. ............ Helper........................................ ........ P. W. Labor .................................. ............ Sub Total -Traffic Signs 6 Markings .. ...... ........ Total Street Fund . ................. STREET ROAD USE TAX FUND Street Repairing and Grading P. W. Labor .. .. ........ ....... Street Construction P. W. Labor . ............................. ..... Snow Removal P. W. Labor Total Street Road Use Tax Fund ....................... PUBLIC SAFETY FUND Municipal Court Deputy Court Clerks ........ .......... ...... .. Account Clerk 1................ .. Clerk -Part Time Deputy Bailiff ....... .... ....... Clerks- Traffic Bureau . ..... ........ ..... ...... Sub Total -Municipal Court .............................. Police Department Chief Assistant Chill ........ Captains................... ...... ............ ....... Sergeants... . ....... ............... Detectives. ....... .................. ................. Patrolmen Matrons Clerk Steno,. Clerk Tvplst.. .. ............................. Meter Melds ................................................ Holiday Pay ......................................... ..................................... Turnover........ Overtime 6.00 2.00 11.00 360.00 666.00 1.364.00 2,554.00 228.00 71.00 5,263.00 297.12 17.88 315.00 141.00 108.00 -732.00 38.00 '442.00 180.00 216.00 396.00 180.00 108.00 288.00 225.00 240.00 300.00 3n a0 8,776.00 180.00 132.00 312.00 764.00 180.00 1,322.40 270.60 208.00 21.00 2.002.00 Non Add 208.00 480.96 581.36 579.02 -1,282.34 517.00 208.00 249.60 63.40 521.00 2,114.00 3,056.00 675.00 850.00 353.00 48.00 42.00 84.00 -432.00 95.00 204.00 183.00 -216.00 1,872.00 2,688.00 7,620.00 432.00 84.00 64.50 191.50 1,059.00 -200.00 3,500.00 - ----- ub Total -Police Oavertment ....... ...... ...... 17-117200 4.581.00 Special Session, May 26, 1969 229 Fire DePartmMt...... 194.00 Chief Assistant Chleh ..... 626.00 756 00 Captains .............. .............. .... Marshal ...•.... 3%.00 Fire Lieutenants """"" Operator ..... ..... • .......................... 1,680.10 2592.00 Equipment Fire Fighters ........ ....... ....... .. ... ... .. ... 5,647.50 88.40 ................. Clerk Steres. ....... ................. .... 21873.00 Holiday Pay ..... ... ............ ........... Sub Total - Fire Department 14,853.00 FirA,,f Alarm tYafatP ......... .. .... 259.60 Electricians .......... ....... 46.10 Overtime ..... .... .. Sub Total -Fire 6 Police Alarm SYSISM ..... 306.00 Ambulance324.00 Drivers ."" "'• 87.00 Holiday PSY .................. ......................... Sub Total Ambulance - . .. .. ........ • ..... ToPublic Safety Fund .......................... 411.00 33,137.00 sALION FUND vee Mainten nce ...... T2A.00Wages .. ........... ... Health DePartlnent 84.00 Nurse Supervisor ........... .................... 258.00 Public Heath NursM .... • ... • ..... .............. 108.00 Food Sanitarian ................................... 84'00 .................. General Sanitarian " " " " " " 183.00 Clerk Stenos ............ ....I.. . I................... Sub Total • Health DePartmMf ................... ........ • 717.00 Contagious Disease Control 84.00 Public Health Nurse ............... ..................... Sewer Maintenance .............. 208.DD Foreman.... .................. 499.20 Drivers............................................ .. 1,289.60 Laborers ...I ............. 381.20 P. W. Labor ................. ................... 45.00 Overtime Sub Total -Sewer Maintenance ........ ... • • • • • • •. • • • 2,423.00 Milk Inspection 77.00 Milk Sanitarian.......................... '.'..... 120.00 Assistant Milk Sanitarian ..... ...... . ............ ........ . Sub Total• Milk Inspection ....... ............... 192.00 Refuse Collection 208.00 Supervisor ...... 1,409.64 Drivers........... _....................................... 3,012.32 Laborers .......... ......... 699.04 P. W. Labor ................................. 60.00 Overtime ........... •.. •.......... Sub Total - Refuse Collection .......................... 5,389.00 street Cleaning 1,335.DD P. W. Wages ................................ Municipal improvements 570.00 P. W. Wages ............. ...................... 10,734.00 Total Sanitation Fund ............•• • .••.•"••"' GARBAGE AND REFUSE DISPOSAL PYND 20800 Foreman ............................... 208.00 Equipment Operator II ............. ... ................. 228.00 Equipment Operator I ..................................... 249.60 Scaiemaster ......... ............. I............ 249.60 Laborer................. ................................. 109.00 Overtime ...................................... 1.253.00 Total Garbage 3 Refuse Disposal Fund ............... SEWAGE RENTAL FUND Sewage Plant204.00 Chief Operator ...............•.................. 1,965.60 Plant Operator 1 •..•••.•••. ••. ....'•" .. 192.00 Equipment Mechanic • • . . • • • . . • • • . "" 228.10 Equipment Operator I ..................... ...... 915.20 Maintenance Men .................................... 29.40 Overtime ......... .................... 3,535.00 Sub Total- Sewage Plant ...... ..._ ... .I............ Sewage Plant Landfill249.60 Equipment Operator I ........... .................. 499.20 Truck Driver _ ....... . . .20 Overtime .1.......I ................ Sub Total - Sewage Landfill ...... ..................... 749.00 4,T94.00 Total Sewage Renial Fund -- MUNICIPAL ENTERPRISE -- AIRPORT FUND 180.00 Manager 41.60 Account Clerk P 1. 6,903,70 Maintenance Men .6,136.00 Custodian 200.20 Overtime -.-"--- 1,11900 Total Airport Fund MUNICIPAL ENTERPRISE - LIBRARY FUND 204.00 Director .72.00 Librarian III 11,I.W Librarian II .12,199.00 Librarian 1 12,477 00 Librarians 94.60 Clerical 11 896.10 Clerical Assistants 2.30 Special Session, May 26, 1969 Student AssistAIMS Custodial Monitor ....... Total Library Fund - RECREATION EAdministrationK FUND Pa k Superintendent . •.... - Assistant Superintendent . .............. Clerk Sleno. •• Extra Help _ Sub Total - Park Administration ... Park Areas and Buildings Equipment Mechanic . . . . • • . . . • • - Foreman ..... ... .. .. ..... Gardener _.......... Park Patrolmen- Eqult.ment Operator i .... ...... .. Maintenance Men Laborers .. ... Laborers- P. T. .... ..... ..... Overtime Labor - Vets Memorial Pak ....... • . • . .... Sub Total - Park Areas 6 Bultdirwa .... ... Park Improvements Eagle Point -Tennis Courts Total Recreation Park Fund .. _ ..... RECREATION - GENERAL FUND Recreation Administration Director ......... Assistant Director ...............•....•••.•••............... ClerkSteno . ................................................. Clerk Typist ................................................ Sub Total - Recreation Administration .................... . Buildings and Areas Foreman Maintenance Men ............. ........................... Laborers .... ............ ...... .. Overtime _............................. Sub Tntal - Buildings and Areas ..... .................. Programs Supervisors .................................. ........... Swimming Pool Maintenance IMM ..... ... ..... Laborer Overtime ........ ............ Sub Total Swimming Pool .. ... .. .. Total Recreation General Fund _. .. RECREATION - GOLF COURSE FUND Ranger..._.. .. . ..................... Laborer ............ ........... ........ I .............. .... Greenskeeper ........... ... . ........ Total Golf Course Fund .... UTILITIES - WATER DEPT. OINiRAL FUND Administration Superintendent Office Manager ................................. Account Clerk 11 ......... ... . _... .. Cashlers/Clerks Sub Total - W/W Administration Plant 6 Distribution System Salaries and Wages Main Extensions i Betterments Salaries and Wages Total -Water General Fund PARKING FACILITIES FUND Parking Lots Meter Servicemen t P. W. Labor .... .... .. Sub Total -Parking Lots .. .. .... .. ........ Street Maters Servicemen _ .. . Part Time Clerk .. .. ... .. P. W. Wages .... ..... Sub Total • Street Mgbra ... .. . Locust Street Batnis Manager......................... ... ....... Cashier ....................................... Custodian ......... ..... Maintenance Man .... ........ P. W. Labor Sub Total - Locust Street Kamp Iowa Street Ramp Cashier P. W. Labor Sub Total - Iowa Street Ramp Total - Parking Facilities Fund U. R. PROJECT NO. IOWA R-15 FUND Administration Director Proieci Manager -248.40 499.00 26.00 1S.D0 120.00 48.00 26.00 209.00 259.20 -181.26 249.60 792.10 228.60 232.96 350.32 1,972.00 479.08 109.20 4,492.00 -3,274.00 120.00 84.00 48.00 50.00 302.00 208.00 202.00 373.00 22.00 605.00 186.00 26.40 16.60 2.00 .00 1,427.00 1,338.00 93.20 919.80 40.00 1,133.00 336.00 120.00 64.00 693.00 1,233.00 7,187.00 2,499.00 -418.50 50.50 -360.00 408.00 472.00 -33.00 847.00 84.00 732.56 1,830.74 80.00 2,721.00 700.00 .200.00 500.00 303.00 192.00 10,919.00 3,706.00 Special Session, May 26, 1969 Real Relocation Estate Officer Agent Commercial Claims Agent Ac Clerk Steno. Clerk Typist Total U. R. Project No. Iowa R-15 Fund PENSION ADJUSTMENTS POLICE RETIREMENT SYSTEM FUND Pension Costs FIRE RETIREMENT SYSTEM FUND Pension Costs IOWA PUBLIC EMPLOYEES RETIREMENT FUND Retirement CO'll SOCIAL SECURITY (F.1-C.A.) FUND Retirement Costs etirementos s Total Pension 8 R TOTAL ADJUSTED APPROPRIATIONS Passed, adopted and approved this 26th Walter Ay of ayPregler Mayor Sylvester McCauley Merlin F. Schultz Dona'd R. Meyers Gaylord M. Couchman Councilmen ATTEST- Leo F. Frommelt LItY Clerk Published officially in The Telegraph -Herald NeF paper thi lt2nd day of June 1969Leo . LI1Y Clerk it. 612 Councilman Meyers moved final ORDINANCE NO. 2669 adoption of the Ordinance. Sec- AN ORDINANCE AMENDING onded by Mayor Pregler. Carried THE BUDGET AS APPROVED BY by the following vote: ORDINANCE NO. 1-69 AND OR- DINANCE NO. 25.69, said Ordi- Yeas — Mayor Pregler, Council- nance having been previously pre - men Couchman, Meyers, McCauley, sented and read at the Council Schultz. meeting of May 5, 1969, presented Nays—None. for final adoption. ORDINANCE NO. 2"t An Ordinance amending the budget as Approved by Ordinance No. 1.69 and Ordi- nance No. 25-69. ofgtheitCitvdaied by the City ofnDubuque, Iowa: Council That the unexpended cash balances on hand at the dose of the preceding fiscal year, not appropriated in the original budget approved by Ordinances No 1.69 ap- propriated for Payment hereby oot necessa e% Owing amounts andofornthenlPurpoin sesf as hereafter set forth: and to that end the j of :PnsAm rherebyoauthonzed tlocatioto wit: s funds INCOMPLETE COMMITMENTS BUDGETED IN 111,158 AMOUNT FUND General Fund S 30,".0021,67000 Street Fund Street Road Use Tax Fund 230,038.0000 Pubic Safety Fund 40.03900 Sanitation Fund Sanitation Sewage Rental Fund 23821.00 Municipal Enterprise - Airport 730000 Fund Municipal Enterprise - Dock 26,652.00 Fund Utilities -Water Works General 13042800 Fund Utilities - Street Lighting Fund 63 00 Recreation - General Fund Recreation - Golf Course Fund 6,500_00 Total ApproPrintions sw, 528.00 ACCOUNT DETAILS 231 109.61 104.05 Total 118.82 88.36 GENERAL FUND 25.40 S 176.76 12,000.00 --"- 1.118.00 3,057.00 2,195.00 500.00 0 , 2,500.00 4,860.00 Community Services - U. F. 11,723.00 21,835.00 30,000.00 $107,544.00 Passed, adopted and approved this 26th Walter Ay of ayPregler Mayor Sylvester McCauley Merlin F. Schultz Dona'd R. Meyers Gaylord M. Couchman Councilmen ATTEST- Leo F. Frommelt LItY Clerk Published officially in The Telegraph -Herald NeF paper thi lt2nd day of June 1969Leo . LI1Y Clerk it. 612 Councilman Meyers moved final ORDINANCE NO. 2669 adoption of the Ordinance. Sec- AN ORDINANCE AMENDING onded by Mayor Pregler. Carried THE BUDGET AS APPROVED BY by the following vote: ORDINANCE NO. 1-69 AND OR- DINANCE NO. 25.69, said Ordi- Yeas — Mayor Pregler, Council- nance having been previously pre - men Couchman, Meyers, McCauley, sented and read at the Council Schultz. meeting of May 5, 1969, presented Nays—None. for final adoption. ORDINANCE NO. 2"t An Ordinance amending the budget as Approved by Ordinance No. 1.69 and Ordi- nance No. 25-69. ofgtheitCitvdaied by the City ofnDubuque, Iowa: Council That the unexpended cash balances on hand at the dose of the preceding fiscal year, not appropriated in the original budget approved by Ordinances No 1.69 ap- propriated for Payment hereby oot necessa e% Owing amounts andofornthenlPurpoin sesf as hereafter set forth: and to that end the j of :PnsAm rherebyoauthonzed tlocatioto wit: s funds INCOMPLETE COMMITMENTS BUDGETED IN 111,158 AMOUNT FUND General Fund S 30,".0021,67000 Street Fund Street Road Use Tax Fund 230,038.0000 Pubic Safety Fund 40.03900 Sanitation Fund Sanitation Sewage Rental Fund 23821.00 Municipal Enterprise - Airport 730000 Fund Municipal Enterprise - Dock 26,652.00 Fund Utilities -Water Works General 13042800 Fund Utilities - Street Lighting Fund 63 00 Recreation - General Fund Recreation - Golf Course Fund 6,500_00 Total ApproPrintions sw, 528.00 ACCOUNT DETAILS Increased Fund AppreP• Total Description i Purpose GENERAL FUND S 7,500.00 S city Salntor Ordinance Codification 12,000.00 Data Processing Unclassified 000 00 Senor Citizens LiC Sentor River Valley C. A. P. 500.00 0 , 2,500.00 Community Services - U. F. _._.-...._._-- 10,5W.00 30,000.00 Sub Total UnclassifiedFUNDTOTAL — GENERAL STREET FUND Street l 13,500. W fl a sonUcd9el Bryant Garage DeYel0Ptnfnl60.00 Emp ogee Lockers - 30 Sidewalk Pr6aram 1,S1U.00 1%8 5.df+*&Iks 6,0W00 Urban Renewal but Shelters 21,670.00 TOTAL. -- STREET FUND 232 Special Session, May 26, 1969 STREET Rc1AD USE TAX FUND 15,692.00 600.00 Street Construction 6,662.0 Transportation Planning ...... 4,993.00 Highway Entrances ................. ................. Rights of Way - U. R. ............................. 26,000.00 Landscaping - Iowa St. U. R- ............................. 48,745.00 Iowa Street .................................. .,.._ 12,473.00 51,029.00 Iowa Street ........... ................... SI pals - Iowa Street ...I ........................... 60,145.00 g ... .. St. Lighting -Iowa Street......................... 15,692.00 600.00 ss.............. .............. 1968 Curb A Gutter -Grass 000 J. F. K. -Powers Drain • • • • • . • .,...... . Hillcrest Road - Extra Width •.. I•••.•••..••. .•.. 21000•00 Kane Street - Sidewalk Excavation .............. ....... 3,400.00 rliGravel Page SylvanDrive Demolition d Other .................... . 5,600.00 Sub Total- Street Construction . .................... 262,539.00 Straw Removal Material and Supplies ........... ..... .................. 6A00.00 Equipment Rental.......I............................. 11000.00 Sub Total - Snow Removal • • . • 91000.00 TOTAL — STREET ROAD USE TAX FUND .......... PUBLIC SAFETY FUND Fire Department Fire Pumper ............... ............. 26,000.00 Fire A Police Alarm System Urban Renewal - Iowa R-15 ....... ....................... 388.00 Dog Pound Animal Control Warden .................................. 5,112.35 Overtime................ ..... .... 287.65 Maintenance 6 Repairs -Vehicle 728.50 Humane Society Payment -3,666.00 Medical Costs 12.50 1%6 Ford Econovan 1,175.00 Sub Total -Dog Pound 3,650.00 TOTAL — PUBLIC SAFETY FUND SANITATION FUND Health Department FCCA -Micro Reader 250.00 File 185.00 Map & Fixtures 50.00 Sub Total . Health Department 485.00 Special Assessment City Share -Diane Court - 1,000.00 Municipal Improvements Public Works Labor 1,500.00 Material and Supplies - 1,000.00 Richards Sub. Extension 1,000.00 Victoria/Diane Court Extension 3,054.00 Outside U. R. 11191.00 Iowa Street Storm Sewer -68 24,720.00 Sih Street Storm Sewer -6111 2,946.00 Ethyl Street Drain -68 21000.00 Mettel-Link Sub. to Penn. 1,143.00 Sub Total -Municipal Improvements 38,554.00 TOTAL — SANITATION FUND SANITATION SEWAGE RENTAL FUND Sewage Plant Pump 500.00 Systems Analysis 18,000.00 Iowa Street Sanitary Sewer -68 21321.00 Lateral Sewers -U, R-68 68 3,000.00 TOTAL — SANITATION SEWAGE RENTAL FUND MUNICIPAL ENTERPRISE — AIRPORT FUND Outside Services .... .. 7,3004.0 TOTAL — AIRPORT FUND MUNICIPAL ENTERPRISE — DOCK FUND RiverfroM Improvements Spur Track . Marill Chemical Co. Engineering 500.00 Switch Crossing -Milwaukee R/R 4,404.00 Construction Contract 21,748.00 TOTAL — DOCK FUND UTWITIFS WATER DEPT. FUND Administration Data Processing 40,000,00 Water Plant A Distribution System Maintenance 6 Repairs. Property 10,550.00 Improvements Iowa Street -Water Main 5,613.00 Main Street. Water Main 19,800.00 4th Street. Water Main 81000.00 Allev - lowe to Central - W/M 2,800 00 AIIeY - Maln to Iowa - W/M 3,787.00 SubTotal -Improvements Contracts 40 OOp 00 Point -Test Well Drilling 12,575.00 Mt. Carmel Station & Main 47,30000 Sub cDEPT. 59,876.00 TO AOLaIWATER FUND UTILITIES — STREET LIGHTING FUND Programs Dodge street Signals University & Penn. Ave. Signals 2600.00 2,200.00 Central at 32nd Signals 6,705.00 271,539.00 30,038.00 40,039.00 23.821.00 7,300.00 26,652.00 130426.00 Special Session, May 26, 233 Other City Signals 9A00.00 Iowa Street Signals 26,901.00 Iowa Street - Lights 12.128.00 TOTAL STREET LIGHTING FUND 61,SI1.SM RECREATION -- GENERAL FUND 6 Areas- Improvements Building' Municipal Pool - ROO Memorlal Park I (K10 x 2.000 00 Rin -Rap . vets Burden Playground Equpment 250.00 Comiskey playground Equipment 250 TOTAL — RECREATION — GENERAL FUND {.000.00 RECREATION — GOLF COURSE FUND Improvements Eauipment Shed 6,W.00 6,SOD.OD TOTAL APPROPRIATIONS (653.528.00 and approved this 26th day of 1969. Passed, adopted r Walter A. Pregler Mayor Sylvester MCCaulnr Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk this Ind day of June 1169. in The Telegraph-HeraldNNewspaFper Published officially Leo romme F.City Clerk Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of the Evening Optimist Club requesting permission for use of Flora Park on Sunday, July 20, from Noon to Seven P.M. for a family picnic for the purpose of raising money for remodeling the barn at the Park, presented and read. Mayor Pregler moved that the petition be approved. Second- ed by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Cullen-Schiltz do As- sociates, in behalf of Anderson Weber, requesting permission to construct truck unloading facilities on the west side of Salina Street near Railroad Avenue, presented and read. Councilman McCauley moved approval of the petition subject to approval of the City Manager. Seconded by Councilman Couchman. Carried by the follow ing vote: Yeas—Mayor Pregler, Council men Couchman, Meyers, McCauley Schultz. Nays—None. Petition of Colt 45 Drum d Bugle Corps requesting permissiol to conduct a parade on Saturday August 20, 1969, at 1:30 P.M. pre sented and read. Councilman Couchman moved approval of the petition and that same be referred to the City Manager. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley., Schultz. Nays—None. Petition of Robert Baumgartner requesting a refund of $25.00 on an unused building permit intend- ed for the construction of a home at 745 Lowell Street which failed to realize, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of A. Y. McDonald Mfg. Co. requesting immediate cleaning up of 12th Street of debris from the flood dike erected in March and April, presented and read. Councilman Meyers moved that the petition be referred to the City Manager and Engineering Depart- ment. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Joseph L. Diener, re- questing a refund of $50 on the unexpired portion of beer license 2.34 Special Session, May 26, 1969 No. 62, issued on 6-15.68, as he. has discontinued business on 3-13-69, presented and read. Mayor Pregler moved that the refund he granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 136-69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THE, BE IT RESOLVED by the City Council of the City of Dubuque. Iowa, that the following appli- cations be granted and licenses be issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Louis J. Winkler, 698 Central Ave- nue (Effective June 2, 1969) Frank & Phyllis Licciardi, 869-871 Iowa Street, D/B/A Licciardi Art Gallery Passed, adopted and approved this 26th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 137-69 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 name applicants a Beer Permit. CLASS "B" BEER PERMIT Louis J. Winkler, 698 Central Ave. nue (Effective June 2, 1969), Frank & Phyllis Licciardi, 869-871 Iowa Street, D/B/A Licciardi Art Gallery BE IT FURTHER RESOLVED THAT THE BONDS filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 26th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 138-69 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 application be granted and license 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" LIQUOR LICENSE Louis J. Winkler, 698 Central Ave- nue (Effective June 2, 1969). Joseph L. Diener D/B/A The Lounge, 31-35 Locust Street Special Session, May 26, 1969 235 Passed, adopted and approved this 26th day Walter* A. Pregler Mayor t Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption oMayor Pregler.oCarried Sec- onded by by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. RESOLUTION NO. 139-69 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" LIQUOR LICENSE Louis J. Winkler. 698 Central Ave- nue (Effective June 2, 1969). Joseph L. Diener D/B/A The Lounge, 31-35 Locust Street Passed, adopted and approved this 26th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. At 7:55 P.M. Mayor Pregler IT to go into an Executive Session to consider sale of land on he Industrial Island. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. The Council reconvened in reg. ular session at 8:30 P.M. Mayor Pregler announced that the Hu- man Rights Commission will be appointed at an informal session of the Council to be held on Fri- day, May 30, Memorial Day. Mayor Pregler moved that Mrs. Dorothea Green, 1885 Atlantic Street, Richard Ludwig. 1850 Glen- dale Court and Mrs. Ken Schmidt of 1930 St. Anne Court be reap- pointed to the Dubuque Advisory Commission for a three-year term. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler. Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyerg McCauley, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .... Aup—s-1.... 4' .... 1969 Adopted August. Councilmen Attest: City Clerk Regular Session, June 2, 1969 237 CITY COUNCIL OFFICIAL Regular Session, June 2, 1969. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Coun- cilmen Couchman, Meyers, MfC8uu. D. City Chavenelle. Absent—Councilman Schultz (at roll callb Mayor Pregler 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. May 28, 1969 To the Honorable Mayor and City Council Gentlemen: We have received a petition from Mettel Realty & Investment COm- pany to install underground street lighting on Tyler Road and Erie Court. It is recommended that three 175 watt mercury vapor lights be installed on 20' standards. It is recommended that this in- stallation be permitted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the recommendation of the City Manager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers. McCauley. Nays—None. Absent—Councilman Schultz. May 28, 1969 To the Honorable Mayor and City Council uentlemen: We have received a petition from Dick Loetscher, Inc. to install underground wiring for street lighting on Eden Lane and St Anne Drive. A total of four (4) boulevarc type lights on 20 ft. galvanize( tandards, 175 watter mercury va por luminars will be installed. It is recommended that this in stallation be permitted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman m o v e d hat the recommendation of the ity Manager be approved. Sec- inded by Councilman Meyers. Car- ied by the following vote: Yeas—Mayor Pregler, Council - nen Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. May 28, 1969 ro the Honorable Mayor and City Council Gentlemen: I herewith submit Rental -Lease agreement between the City of Dubuque and Hilton Homes cover- ing a 40 x 20 foot Portable Class- room. Also attached, is an option to purchase same. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved approval of the agreement. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. May 29, 1969 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 Adrian C. Swift, d/b/a Swift Plumbing & Heating Co., The Ohio Casualty Insurance Co. SIDEWALK .lames Hennessy, Iowa Surety Com- pany Richard 'Magnall, Insurance Com- pany of North America William O'Neill, Merchants Mutual Bonding Company Inc., Mer - Percy Construction Co., Mer- chants Mutual Bonding Company Saffran Construction Co., Mer- chants Mutual Bonding Company James J. Scholl, Merchants Mutual Bonding Company The Ohio Kenneth Schromen, Casualty Insurance Co. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the policy and bonds be filed subject to approval of the City Attorney. 2238 Replar Session, June 2, 1969 Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCau- ley. Nays—None. Absent—Councilman Schultz. 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 April 1969, presented and read. Councilman Meyers moved that the proof of publica- tion be received and filed. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas --Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays—None. Absent—Councilman Schultz. COUNCILMAN S C H U L T Z EN- TERED THE COUNCIL CHAM- BER AT 7:37 O'CLOCK P. M. AND TOOK HIS PLACE AT THE COUNCIL TABLE. May 28, 1969 Hon. Mayor and City Council Gentlemen: On November 12, 1968, original notice with copy of petition at- tached, wherein Ordelia Cross is plaintiff and City of Dubuque, Iowa is defendant, was served on the City of Dubuque, Iowa, and wherein the plaintiff claimed that on or about October 31, 1967 she allegedly fell as the result of stub- bing her toe on a cracked and raised portion of the sidewalk in front of the address known as 1389 Locust Street and as the result of said fall she suffered loss of earn- ings and injuries consisting of fracture of bone in the left foot in addition to contusions and abra- sions, and that said plaintiff claimed damages in the amount of $20,000.00 plus costs and interest. Said original notice with peti- tion attached was referred to the City Attorney who thereafter made an investigation and filed the ap- propriate pleadings and at this time said matter having been set for trial before a jury, the de. fendant made an offer of settle• ment in the amount of $5,000.00 and it is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed tc draw it warrant payable to Or delia Cross and her attorneys in the amount of $5.000.00 and a war- rant payable to the Clerk of Dis- trict Court, Dubuque County, Iowa in the amount of $26.00 for court costs, and to transmit the same to the City Attorney for delivery to the plaintiff's attorney upon re- ceipt of duly executed releases and dismissal with prejudice of said cause. Copy of original notice with pe- tition attached, said action being designated at Law No. 38439, is herewith returned along with pho- tographs and the notice to City advising of the fall originally filed with the City Clerk. Yours very truly, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler. Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Communication of Dubuque In- dustrial Bureau submitting a re- quest and recommendation pre- senting their views concerning the Washington Street rezoning matter and requesting that the in- terests of the industries in the area proposed for rezoning be protected, presented and read. Councilman McCauley moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler. Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Communications of Cyril H. Wis- sel dated April 9th and April 14th objecting to the proposed rezoning of the N 1/5 of O. L. 490, situated at 19th & .Jackson Street, and sug- gesting that the present zoning of the area remain, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers. McCauley, Schultz. Nays—None. Regular Session, June 2, 1969 239 Communication of Dubuque Area I it Legal Services, by Paul Fitzim- v mons, attorney. submitting a peti- tion signed by 133 people, request- c ing support of the original peti• 1 tion for rezoning of the Washing- ton Street area, from 8th street south to 20th street north, and fur- ther requesting consideration of the petition before making a de- cision on rezoning, presented and read. Councilman Meyers moved that the communication and peti- tion be received and filed. Second- ed by Councilman Couchman. Car- ried as the following regler, Coun- Yeas cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Communication of Dubuque Cas- ket Company objecting to the re- zoning of their business area from Light Industrial to Multiple hous- ing, stating that they have been in business on Washington Street between 17th do 18th since 1892 and have enjoyed the best of re- lations with the neighborhood, presented and read. Councilman McCauley moved that the commu- nication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley. Schultz. Nays—None. Communication of Dubuque Electric Motor Service Inc. located at 1250 Jackson Street objecting to the proposed rezoning of the area and that their expansion plans would be terminated, pre- sented and read. Councilman Mey- ers moved that the communica- tion be received and filed. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Communication of Excel Photo Service objecting to the rezonin@ of the Washington Street area more particularly the area nortl of 18th Street, because it woulc cause an undue loss in asset valu( and create a hardship on the com pang, presented and read. Council man Couchman moved that th, communication be received an filed. Seconded by Councilmai leyers. Carried by the following ote: Yeas — Mayor Pregler, Coun- ilmen Couchman, Meyers, McCau- ey, Schultz, Nays—None. Communication of F. H. Uelner, ool and die maker, located at 845 Washington Street, objecting .o the proposed rezoning of their )roperty due to promises formerly made by the Building Department that the area would remain light industrial and as a result they ex- panded from time to time, and it would also interfere with future contemplated expansion, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Communication of Eldon C. Wil- wert of Wilwert's Harley-David- son Sales located at 240 East 19th Street, objecting to the proposed rezoning of their property because it would interfere with future ex- pansion now being considered, pre- sented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Communication of Hackney Welding Shop objecting to the re- zoning of the Washington street area due to the fact that property was originally purchased under the assumption that it would re- main SS a light industrial zoned area, presented and read. Council- man Couchman moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Communication of David G. Mor- row, owner of the property located at 1198 White Street and 129 East 12th Street, objecting to the re - 1 zoning of their property because I it would decrease their property 240 Regular Session, June 2, 1969 value, prohibit the resale of the property for another commercial use, deprive him of his livelihood and would prohibit future expan- sion, presented and read. Mayor Pregler moved that the communi- cation be received and filed. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Councilman McCauley moved that the rules be suspended in order to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. City Planner Don Gilson posted two plans showing the areas pro- posed for rezoning, the one show- ing and outlining the area as rec- ommended by the Planning & Zon- ing Commission and the other out- lining the area commonly known as the staff plan, that coincided and recommended by motion of the Council at their meeting of April 7, 1989, being from the north side of 14th street to be- tween 19th and 20th street alley between Central and White to the west side of Elm Street. The following citizens addressed the Council as being opposed to the rezoning in one form or an- other; Les Hartley, Felix Uelner, Eldon C. Wilwert, Charles Arthof. er, Harrison Lochner, Fred Apel, Bart Grote, various employees of Uelner's die and tool Shop, Wm. Maus, Chester Staheli, George H. Peters, Charles Mettel, Bernard Fahey, Jim Miller, Margaret Stei- chen. Attorney Tial Reynolds repre- senting the Mettel Realty & In- vestment Co. as owner of the prop- erty located at 14th & White St., addressed the Council explaining the present status of the property as commercial as of now has no non -conforming use. Attorney Charles Kintzinger as a representative of the Casket Co., Excel Photo Service, Uelner, Hack- ney Welding shop, Link, Dubuque Electric Motor service requested thatthe recommendation of the Planning & Zoning Commission from 14th Street to 18th Street be honored. Attorney .Tim Reynolds stated that the original petition was for a much larger area and was op• posed to the present proposed plans. The Gruen report called for the entire area for Multiple use classification. He further claimed that 40% of the business in the area is deteriorating. Rev. Sig- warth stated that 80% of the resi- dents in the area are home own- ers. Also that the Board of Ad- justment should exercise leniency with the various businesses in the area. Mr. Hank Waltz was of the opinion that the whole area from 14th to 20th should be rezoned to Multiple use. Mr. Joe Thurston of 1837 Washington made quite a plea for the rezoning of the area due to nuisances caused by his next door tenant, such as noise, smoke etc. at all hours of the day and night. Mr. Paul Fitzimmons spoke in behalf of renters and tenants in the area from 8th Street to 20th Street from a human rights stand- point. Of the 133 names on the petition for rezoning of the area, as previously presented, it would affect fifty families and one hun- dred seventy-six children. He ap- pealed to the Council to think of people. Mr. Dave Morrow, owner of the property located at 12th & White Street requested that the zoning of his property remain as it is. Mr. James Platt of the River Valley Community Action Program expressed concern mostly about renters and posed the question "when are you going to hear peo- ple from 14th Street south?" In rebuttal Fred Apel stated that the majority of property own- ers are opposed to rezoning. Mayor Pregler moved that the rules be re -imposed. Seconded by Councilman Schultz. Carried by the following vote: Yeas Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. Councilman McCauley moved that the recommendation of the Planning & Zoning Commission be adopted. Seconded by Council- Regular Session, June 2, 1969 241 The VOtC W8S as HEREI NAFTERDESCRIBED R PROPERTY man Couchman. I "BUSINESS DISTRICT" CLASSIFICA. follows: Couchman. TION TO 'MULTIPLE RES!DENCE NOWRITHEREFOREICABIEN Yeas —Councilman I IT OR- DAINED BY THE City COUNCIL OF PCC Nays—Mayor Pregler, COUT1C11• THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 men Meyers. Schultz. MOTION I known a5 the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, FAILED Meyers moved that I be and the same Is hereby amended by lin toy "Multiple Residess ncecDistrict" Councilman 14th Street north I s f cchana estaa a"to-wu;the following described real the area from 19th & 20th South 1/4 of Middle to the alley between t1i'hite to Flm, referred to North 23.7 feetthe ofNthehNorth49.7/feet of he south Midd a 1/5, from the staff plan, be rezoned to i South 26 feel of the North 49.7 feet of the South Midde 1'5, as Multiple Family. Seconded by South 1.4 feet Of the South Midd'e 115, North 28.2 feel of the South 1/5, Councilman Schultz. Carried by South 2lotPeet a the South ,1 n811 In citsub- tl,e following vote: Mayor Pregler. Council- division. All f i_, onlot 487, in Original town Yeas — Couchman, Meyers. Schultz. ' so in 9 feet of the Middle f/s: men Nays—Councilman McCauley. North 8.2 left ofuth , the Nonn 48.2 (eel City Solicitor Russo stated that of South ofldthe North 48.2 feet if the rezoning would g0 t0 Court South South 3 feet of he South Middle 1/5, he may have a difficult time de- a I in city lot 435 of Original town fending the action of rezoning the Subdivision. A'I of Cay lot 486, area other than the Planning k j All o cifv to 4845, Zoning recommendation. However, A I of Cay lot 433, if challenged, he will give it his i of City lot 484. Allll All City lot 432, best effort. j All of City 'Ot 483, all in original town subdivision. Proof of Publication, certified I South North /2 of the % of the Midd1eSouthM1/5, 1/5, to by the Publisher, of 'notice of south th of the South Midd a 1/5, Public hearing to amend Zoning I South 1/5 a 1 in City lot 494. sourh ,h lot 49, Ordinance No. 3-34 so as to change I NorthSouth lot s50o: various properties from Business to Multiple west V2 lot 51, East h lot Sl, all in East Dubuque District Classification Addition No. 1. Residence District Classification, Sou IN of lot 74, (in the area commonly referred lot ;2, all in East Dubuque Addition to as the Washington Street neigh- No. 1. South 1h lot 119, borhorid area), presented and read. lot 120, lot 2 of lot 121, Councilman Meyers moved that Lot 1 of lot 121, all In East Dubuque 1. the proof of publication be re- Addition NO. Sou,n , Of lot 144, ceived and filed. Seconded by Ma- North of ! of 143, Snutn :., of lot 143, Dubuque Addition yor Pregler. Carried by the follow- ION1o42i ail to East ing vote: Passed, approved and adopted this 2nd Yeas — Mayor Pregler, Council- day Of June, 1969. Walter A. Pregler men Couchman, Meyers, McCauley, Mayor Sy rester McCauley Schultz. Merlin F. Schultz Donald R. Meyers Nays—None. Geyiord M. Couchman ORDINANCE NO. 22 69 Couoci men i ATTEST: Leo F. Frommelt An Ordinance Amending and Changing Ordinance No. 3.34, city Clerk in6Thdaveo rJune i known as the Zoning Map and Herald spaperlly 1969. Leo FFromme!t Zoning Ordinance of the City Of city Clerk Dubuque, Iowa so as to change hereinafter de- I 11. 616 1 Courcilman Meyers moved adop- certain property scribed from "Business District" ` tion of the Ordinance. Seconded Schultz. Carried by classification to "Multiple Resi- by Councilman dente District" classification, ! the following vote: Mayor Pregler, Council - (Washington neighborhood area), yeas — McCau• said Ordinance having been pre- men Couchman, Meyers, viously presented and read at the ley, Schultz. Council meeting of May 5, 1969, Nays—None. rti i d Publication certified presented for final adoption. Proof Of Publisher, n ORDINANCE No. 22.49 AN ORDINANCE AMENDING AND to by the p to arnend Zoning , public hearing SU as to change CHAN .ING ORDINANCE NO 394 KNOWN AS THE ZONING MAP AND Ordinance Ino. 3-34 from "Light ( ZONING ORDINANCE()F various properties SO 242 Regular Session, June 2, 1969 Industrial District" Classification to "Multiple Residence District" Classification, (in the area common- ly referred to as the Washington Street neighborhood area) present- ed and read. Councilman Couch- man moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas -Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. ORDINANCE NO. 23-69 An Ordinance amending and changing Ordinance No, 3-34 known as the Zoning Map and Zoning Ordinance of the city of Dubuque, Iowa so as to change certain property hereinafter de- scribed from "Light Industrial District" Classification to "Mul- tiple Residence District' Classifi- cation (Washington neighbor- hood area) said Ordinance having been pre- viously presented and read at the Council meetin; of May 5, 1959, presented for final adoption. ORDINANCE NO. 23,69 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34 KNOWN AS THE ZONING MAP AND ZON114G ORDINANCE OF THE CITY OF DUBUQUE, IOWA SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM "LIGHT INDUSTRIAL DISTRICT" CLASSIFICATION TO "MULTIPLE RESIDENCE DISTRICT" CLASSIFICA- TION. NOW THEREFORE, BE IT OR- DAINED 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 o1 Dubuque, Iowa, be and the same is hereby amer•ded by changing from "Light Industrial District" Classification to "Multiple Residence Dis- trict" Classification the fo'.lowing de- scribed real estate to -wit: the South 3 feet of the South Middle 1/5, Soulh Middle 1/5, lot 1 of the South 1/5, lot 2 of the South 1/5, all in City lot 489, of Original town subdivision. A'I Of City 101 490, All of City lot 435, All of Cif ylot lot 491, A'I of Clty lot 492, All of City lot 493, all In Original town subdivision, North 35 feet of the North 1/S South 16.2 feet of the North 1%5, lot 2 of the North 1/2 of the North Middle 1/5, South V2 of the North Middle 1/5, North 1/7 of the Middle 1/5, all in Original town subdivision. h North ' of lot 3, South 1/2 of lot 3, lot 4, lot 2 of lot 5, lot 1 of lot 5, lot 6, South 25 feet of 7, all In Mineral lot 100 of the City 0t Dubuque. North 33 feetof lot 22, Nonh 40 feet of the South 69 feet o1 lot 22, North 33 feet of lot 21, West 26 feet of the North 40 feet of the West 28 feet of the South 69 feet of lot 21, East 2 feet of the north 40 feet of the West 28 feet of the South 69 feet of lot 21, South 29 feet of the West 28 feet of the South 69 feet of lot 21, East 17 feet of the South 69 feet of lot 21, lot 19, West V2 of lot 18, all In the East Du Ewque Addition. that lots 27 through 31 inclusive, lots 32 through 36 inclusive, lots 37 through 40 Inclusive, all In East Dubuque Addition. lots 1 and 2 of Van Eman Place. lots 42 through 46 Inclusive, lots 77 through 81, inclusive, lots 82 through 86 inc usive, lots 87 through 91, Inclusive, lots 92 through 96 inclusive, lois 97 through 101 nc usive, lI ots 102 through 106 nclusive, I ots 107 through 111 inc'usive, lots 112 through 116 inclusive, lots 147 through 151 inc usive, ots 152 through 156 inclusive, iols 157 through 161 Inclusive, tots 162 through 166 inc'usive, all In East Dubuque Addition. North 16.6 feet of lat 1 of lot 1 of lot 47, South 21 feet of lot 1 of lot 1 of 101 47, lot 1 of lot 2 of lot 47, lot 2 of lot 2 of lot 1 of lot 47, tot 2 of lot 47, lot 2 of lot 2 of the North V2 of lot 48, lot 2of lot 1 of lot 2 of the North V2 of lot 48, lot 1 of lot 1 of lot 2 of the North '.h Of lot 48, lot 1 of the North ' : of lot 48, North V2 of lot 49, all in East Du- buque Addition. West 40 feet of lot 76, lot 2 of the East 60 feet of lot 76, lot 1 of the East 60 feet of lot 76, North 'h of lot 75, South 1/2 of lot 75, North V2 of lot 74, all in East Du- buque Addition. lot 1 of lot 117, lot 2 of lot 117, lot 2 of the North 1/2 of lot 118, lot 1 of the North 1/2 of lot 118, South V2 of lot 118, North 'h of lot 119, all In East Du- buque Addition. William Relsen Place. North 19.2 feet of lot 146, South 32 feet of lot 146, North 27.5 feet of lot 145, Sout'i 23.9 feet of lot 145, North 2 ., of 101 144, all in East Du- buque Additon. Passed, approved and adopted this 2nd day of June 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Dona:d R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Telegraph. Herald Newspaper this 61h day of June 1%9. Leo F. Fro melt City Clerk It. 6/6 Mayor Pregler moved final adop- tion of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, council- men Couchman, Meyers, McCauley, 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 Lots 1 of 3, 2 of 3, and 3 of 3. in Block 4 and Lots 1 and 2 in Regular Session. June 2, 1969 243 Block 5 and lots 2 thru 11 in Block 6 in Westchester Subdivision from Multiple Family to Single Family Residence nits rct Classifi- cation, presented No writtenobjections were filed and no oral objectors were pros ent in the Council Chamber at the time set for the hearing. Councilman Meyers bvede that the proof of publication ed and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Councilmen Couchman, Meyers, Schultz. Nays --Mayor Pregler, Council- man McCauley. ORDINANCE NO. 27-69 An Ordinance amending and changing Ordinance No. 3-34 known as the zoning map and zoning ordinance of the City of Dubuque, Iowa, sas to fe change de- ertain property h scribed from "Multiple Family Residence District" classification to "Single Family Residence Dis- trict" clossificaticn, said Ordinance having been pre- viously presented and read at the Council meeting of May 12, 1969, presented for final adoption. AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3.34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY CCHANGE uOCERTAINIOWA PROPS TO ERTYY HMFROM ULTIIPLE E FAM BED ILYESCRIRESIDENCE "SINGLET FAMILYIFICRESIDENCE DISTRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAINED OBY THE CITY F DUBUQUE, UUNCIL OF THE CITY 1111 A: Section 1. That Ordinance No. 9-34 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 "Single Family Residence District" Classification, the following described real estate, to - wit: Lots 1 of 3, 2 of 3, and 3 of 3, In Block 4 and Lots 1 and 2 In Block 5 and Lots 2 through 11 In Block 6, all In Westchester Subdivision In tt e City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of June 1969. Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Len F. Frommelt City Clerk Publishedofficially In the Telegraph Herald Newspaper this 19th day of June 1969. Leo F. Frommelt City Clerk. 1t. 6.19 Yeas — Councilmen Couchman, Meyers, Schultz. Nays — Mayor Pregler, Council- man McCauley. Publication of the above Ordin. ance was withheld for 14 days due to absence of Mayor's sig- nature in compliance with Sec. 366.5, Code, after which time it became operative. Proof of Publication, certified to by the Publisher, of notice of public hearing, to amend Zoning Ordinance No. 3-4 so as to amend Article IV, Section 2 (h) thereof to include Lots 3, 4, 5, of Block 5 in Westchester Subdivision in which professional offices may be permitted, presented and read. No written objections were present in the Council Chamber at thetime set for the public hear- ing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Councilmen Couchman, Meyers, Schultz. Nays — Mayor Pregler, Council- man McCauley. ORDINANCE NO. 28-69 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, insur- ance musician or similar pro- fessions may be permitted, said Ordinance having been pre- viously presented and read at the Council meeting of May 12, 1969, presented for final adoption. Councilman Meyers moved final adoption of the Ordinance. Second ed by Councilman Schultz. Carried by the following vote: E BY THE CITY CnUNCIL OF IHt c.1I r OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 known as the Zoning Ma and Zoning bea ndtheosame isty of ubuque, hereby am nded by amending Article IV, Section 2 (h) there Of aS follows: "ARTICLE IV. Section 2. (h) ofofa physician,fcdentist,a studios, rehl- 244 Regular Session, June 2, 1969 tett, engineer, lawyer, realtor, Insurance, musician or simi'.ar descrlbedsawithin the following Lots 3, 4, 5, of Block 5 In West• chester Si.btllvision in the City of Dubuque, Iowa." Passed, approved and adopted this 2nd day of June, 1969. Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTLST:Leo F. Frommelt Cil Clerk Published olficinlly In the Telegraph - Herald Newspaper this 19th day of June 1969. Leo F. Frommelt City Clerk. 1 t. 6-19 Councilman Meyers moved adop- tion of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Councilmen Couchman. Meyers, Shultz. Nays—Mayor Pregler, Council- man McCauley. Publication of the above Ord- inance was withheld for 14 days due to absence of Mayor's sig- nature, in compliance with Sec. 366.5, 1966 Code, after which time it became operative. May 29, 1969 Honorable Mayor and City Council Members Gentlemen: The City Planning and Zoning Commission has reviewed two re- quests to have properties included in the Professional Office Section of Multiple Family District. One of the properties is located at 2105 Kennedy Road and is occu- pied by a four -unit apartment house. The petitioner asks that this property be included in the Pro- fessional Office Section so that the structure could be used for of- fices, as well as residential units. The second property is describ- ed as Block 19 in Key Knolls Subdivision. This property is un- developed. At a previous meeting the Com- mission reviewed a request to have three lots, described as 3, 4, and 5 in Westchester Subdivision includ. ed in the Professional Office Sec. tion. This property is located at the southwest corner of Foothill Road and Kennedy Road. This property, and the two properties mentioned above are in the same general area. It is the opinion of the Com- mission that the situation at the corner of Kennedy Road and Foot. hill is no different than that at many similar corners along Ken. nedy Road. The Commission felt that it would not be appropriate to permit professional office build. ings on each of the corners and for this reason it would not be appropriate to permit an office building at one or two particular corners. The Commission voted, unani- mously, to recommend that the two requests not be approved. There is a large amount of land in this general area that would per- mit construction of office buildings and, thus, the need for additional land in this classification is not apparent. Respectfully submitted, PLANNING & ZONING COMMISSION Don Gilson, City Planner Councilman McCauley moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers. McCauley, Schultz. Nays—None. Mayor Pregler moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. Attorney Robert M. Bertsch re- quested the Council to consider holding a public hearing on Block 19 In Key Knolls Subdivision. By the Council motion on the recom- mendation of the Planning & Zon- ing Commission in which Block 19 was included in denial of the request, it would indicate his re- quest was denied also. ORDINANCE NO. 29-69 An Ordinance amending Ordin- ance No. 33-49 known as the "Traffic Code of Dubuque, lows, as amended, by adding a new subsection 4, to Section A of Schedule III, and by adding a new subsection 17, to Section A of Schedule 111, thereof, to pro- vide that Eastbound and West- bound vehicles must stop before entering the intersection of Fill- more Street and Adair Street, and Eastbound and Westbound Regular Session, June 2, 1969 245 vehicles must stop before enter• ing the intersection of Theda Street and Crissy Street, presented and read. Councilman Couchman moved that the reading just had be con sidered the first reading of the Ordinance. Secondeda bthe Council- man Mey loving vote: Yeas — Mayor Pregler, Council* men Couchman, Meyers. McCauley. Schultz. Nays—None. Councilman Couchman moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. ORDINANCE NO. 29-49 AN ORDINANCE AMENDING OR- DINANCE NO, 17-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY ADDING A NEW SUBSECTION 4 TO SECTION INFSCHEDULE AND ION17 BAD GASUBSECTION TO SECTION A OF SCHEDULE III THEREOF, TO PROVIDE THAT EAST- AND VEHICLES MUSTD STOPW BEFORE DENTERING THE INTERSECTION OF FILLMORE STREET AND ADAIR STREET, AND EASTBOUND AND WESTBOUND VE- HICLES MUST STOP BEFORE EN- TERING OF THEDA STREET IERANDTIOCRISSY STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 1}49 known as the "Traffic Code of Dubuque, Iowa". as amended, be and the same is hereby amended by enacting a new Subsection 4 to Section A, of Schedule Ill, and a new subsec'lon 17 to Section A o} Schedule III thereof as follows: ,.Section A- 4. Fi.imore Street and Adair Street. 17. Theda Street and Crissv Street." Passed, approved and adopted this 2nd day of June, 1969. Walter A. Preg.er Mayor Sylvester McCauley Mersin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially :n The Telegraph- Heraid Newspaper this 6th day of June 1 %9 Leo F. Frommelt City Clerk It. 616 their property located at 22nd & Central Avenue, presented and read. The City Manager presented a report showing that everything possible is being done to stem the tide of vandalism. Mayor Pregler moved that the petition be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun• cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Petition of Building Department requesting permission to issue a building permit to erect at 48' x 32' masonry addition to the Con- rad Plumbing & Heating building located at 1917 Jackson Street, presented and read. Mayor Preg- ler moved that the petition be re- ferred back to the Building De- partment. Seconded by Council. man Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley', Schultz. Nays—None. Petition of Dubuqueland Food 'N Fun Expo requesting that Fourth Street be closed from the Sixth Street Extension to end of Fourth Street Extension from June 11th thru 23rd, presented and read. Cuuncilman Couchman moved that the petition be referred to the City Manager. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCau- ley, Schultz. Nays—None. Petition of Dubuqueland Food 'N Fun Expo requesting permis- sion to hold a fireworks display at Petrakis Park on June 21st. pre- sented and read. Mayor Pregler moved that the petition be ap- proved subject to approval of the City Manager and Fire Chief. Sec - Councilman Couchman moved onded by Councilman Couchman. final adoption of the Ordinance. Carried by the following vote: Seconded by Mayor Pregler. Car- yeas — Mayor Pregler, Council - rigid by the following vote: men Couchman, Meyers, McCau- Yeas — Mayor Pregler, Council- ley. Schultz. men Couchman, Meyers, McCauley, Nays—None. Schultz. Nays—:Mone. RESOLUTION NO. 140.69 Petition of Ilartig Drug Co. al).WH 'ltpAS, Philip A Powers pealing for aid in the protection of and Martha F. Powers, his wife, 246 Regular Session, June 2, 1969 have conveyed the following de- scribed real estate: Lot 1 of the Subdivision of Lot 2 of Lot 1 of Lot 1 of "Powers Farm" in the City of Dubuque, Iowa to the City of Dubuque, Iowa: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of the Quit Claim Deed, dated May 21, 1969, executed by Philip A. Powers and Martha F. Powers, his wife, conveying to the City of Du- buque, Iowa the above described real estate be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to record said Quit Claim Deed in the office of the Dubuque County Recorder. Passed, approved and adopted this 2nd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 141.69 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 tc, sell Cigarettes and Cigarette Papers within said City. Louis J. Winkler, 698 Central Ave. nue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 2nd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. RESOLUTION NO. 142.69 WHERE.S, 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 and Country Club, 1800 Randall Place Knights of Columbus, 781 Locust Street CLASS "B" BEER PERMIT Pete S. Sfikas and Gust Karigan, 401-405 Central Avenue Phillip R. Love, 1701 Central Ave- nue Dubuque Jaycee's Beer Tent, 4th Street Extension Bernard F. Skahill, 400 Central Avenue John Hall, 2616 Windsor Avenue Virginia Iios, 241 Main Street Passed, adopted and approved this 2nd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, June 2, 1969 247 Councilman Me Y e r s moved adoption of the resolution. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas -.-Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. RESOLUTION NO. 143.69 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. men Couchman, Meyers, McCauley Schultz. Nays—None. RESOLUTION NO. 144.69 WHEREAS, applications for Li- quor 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 Phillip R. Love, 1701 Central Ave- nue John Hall, 2616 Windsor Avenue Bernard F. Skahill, 400 Central Avenue Virginia Hos, 241 Main Street CLASS "B" BEER PERMIT Passed, adopted and approved PRIVATE CLUB this 2nd day of June, 1969. Dubuque Golf and Country Club, Walter Ali Pregler 1800 Randall Place or Knights of Columbus, 781 Locust Sylvester Merlin F. Schultz McCauley Street Donald R. Meyers Gaylord M. Couchman Councilmen CLASS "B" BEER PERMIT Pete S. Sfikas and Gust Karigan, 401-405 Central Avenue Attest: Phillip R. Love, 1701 Central Ave- Leo F. Frommelt nue City Clerk Dubuque Jaycee's Beer Tent, 4th Mayor Pregler moved adoption Street Extension of the resolution. Seconded by Bernard F. Skahill, 400 Central Councilman Schultz. Carried by Avenue following vote: John Hall, 2615 Windsor Avenue theYeas—Mayor Pregler, Council - Virginia Hos, 241 Main Street BE IT FURTHER RESOLVED men Couchman, Meyers, McCauley, that the bonds filed by such appli- Schultz. cants be and the same are hereby Nays—None. approved. RESOLUTION NO. 145-69 Passed, adopted and approved WHEREAS, applications for Li - this 2nd day of June, 1969. quor Permits were filed by the Walter A. Pregler within named applicants and they Mayor have received the approval of this Sylvester McCauley Council, and Merlin F. Schultz WHEREAS, the premises to be Donald R. Meyers occupied by such applicants were Gaylord M. Couchman inspected and found to comply Councilmen with the State Law and all City Attest: ordinances relevant thereto a n d Leo F. Frommelt they have filed proper bonds: City Clerk NOW THEREFORE BE IT RE - Councilman Meyers moved adop• SOLVED by the City Council of tion of the resolution. Seconded Dubuque, Iowa, that the Manager by Councilman Couchman. Carried be authorized u horizedi o cause to be named applicants issued by te following vote: Yeas—Mayor Pregler, Council• a Liquor Permit. 24S Regular Session, June 2, 1969 CLASS "C" COMMERCIAL ESTABLISHMENT Phillip R. Love. 1701 Central Ave- nuL John Hall, 2616 Windsor Avenue Bernard F. Skahill, 400 Central Avenue Virginia Hos, 241 Main Street Passed, adopted and approved this 2nd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Mayor Pregler submitted the following names for appointment and reappointment to various Boards and Commissions; Eugene Hingtgen of 1020 Kane Street and William Woodward of 495 W. 7th Street to the Citizens Advisory Commission for three year terms. Frank Glah and Lester Streinz for reappointment to the Planning & Zoning Commission for five year terms to 5.24-74. Merlin Hantel- mann and David L. Hammer for reappointment to the Library Board for six year terms to 7-1-75. Mrs. James O'Brien and Gerald McAleece for reappointment to the Recreation Commission for three year terms to 7-5-72. Councilman McCauley moved ap. proval of the appointments. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. There being no further business Councilman Couchman moved to adjourn. Sec;)nded by Councilman Meyers. Carried by the following vote: Yeas—Mavor Pregler, Council- men Couchman, Schultz. Nays—None. Lea Meyers, McCauley, F. Frommelt, City Clerk ADecember 8 Approved December 8,1969 Adopted December 8,1969 Special Session, June 19, 1969 249 CITY COUNCIL OFFICIAL Special Session, June 19, 1969. Council met at 7:30 P.M. Present—Mayor Pregler, Council- men Couchman, Meyers, McCauley. City Manager Gilbert D. Chaven- elle. Absent—Councilman Schultz. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of grant- ing verious u on business licenses other busine d acting P as may properly come before a regular meeting of the City Coun- cil. RESOLUTION NO. 146-69 BE IT RESOLVED by the Cit} 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. Herbert E. Althaus, 1575 Central Avenue Linnie Dunbar, 504 Central Avenue Earl G. Corbett, 408 West Locust Street Dubuque Golf & Country Club, 1800 Randall Place Eagle Store #109, 200 South Locust Street Eagle Store #130, 1800 Elm Street Eagle Store #144, 3033 Asbury Street May's Drug Store #204, 3049 As- bury Street The Great Atlantic & Pacific Te Co., 1101 Central Avenue The Great Atlantic & Pacific Te Co., 2685 Dodge Street John R. Hirsch, 206 West 3r Street Carl Hirsch, 600 Central Avenue. George R. Hunt, 229 West 8t Street Holiday Oil Distr. Inc., 60,5 Dodg Street Holiday Oil Distr. Inc., 400 Rho berg Avenue Holiday Oil Distr. Inc., l,oras Central Avenue Knights of Columbus No. 510, 7 Locust Street Karigan's Restaurant, 401-405 Ce tral Avenue Phillip R. Love, 1701 Central Av. enue Merchants Hotel, 304 Main Street Carl E. Miller, 1096 Central Avenue Thomas Oeschger, 815 West 5th Street Bernard F. Skahill, 400 Central Avenue Doris J. Tigges, 2776 Jackson Street Mrs. A. J. ,Marita) Trapp, 1266 Central Avenue Wareco Systems of Iowa, 700 Rhom• berg Avenue Merlyn L. Weber, 1904 Central Avenue Carl N. Brant, 2600 Central Avenue Canfield Hotel, Inc., 36 West 4th Street Theodore J. Ferring, 385 Fast 13th Street LaVerne Felderman, 1889 Jackson Street Wayne Johnston. 255 Locust Street Lill Giant Food Store, Inc., 2644 Pennsylvania Avenue Lill Giant Food Store, Inc., 1100 Rhomberg Avenue Mescher & Tench Grocery, 1233 Rhomberg Avenue Edward Bailey, 1298 Main Street Joseph Bell, 263 Main Street Charles Cushing, 1091 Main Street F..lks Club, 701 Locust Street Mrs. Adele Fens, 210 West 1st Street Kenneth & Patrick Fenelon, 3166 Jackson Street Vincent Ginter, 3003 Asbury Street Donald Jungblut, 404 Locust Street Eugene L. Kopp, 951 in Street William J. LY ocust Street A Y. McDonald Mfg. Co., 12th & Pine Street Cyril N. ,. MyerS, 1618 Central Av- a 55 Central Avenue Russell E. My e,nue Tea Thelma Mardauss, 410 West 8th Street d Thelma Mardauss, 1091 White Street Dorothy M. Olsen, 1097 Jackson Street h Ray Papin. 2635 University Avenue e ,lames M. Plein, 30 Locust Street Robert Potter, Dodge & Bluff Streets m Donna Rezac, 115 East 22nd Street Kathleen Wedig, 1399 Jackson & Street 81 William Baum, 1121 University Av- enue n. D.A.V. Club, 2600 Dodge Plaza 20 Carl Fredericks, 1281 Dodge Street. 250 Special Session, June 19, 1969 Joseph Ginter, 342 Main Street Lorraine Gordon, 2327 Central Av- enue Anthony Helling, 701 Dodge Street Holiday Inn Motel, 1111 Dodge Street Clara Johnson, 1543 Central Av- enue K -Mart, 2600 Dodge Street Plaza 20 James Kachevas, 493 Main Street Francis T. Kohl, 1700 Central Av- enue Donald M. Love, 250 West 6th Street Herman J. Meyers, 2600 Dodge Street Mercy Medical Gift Shop, James & Peabody Streets Donald Plumly, 501 & Locust Street Michael Pusateri, 2560 Dodge Street Joseph Polfer, 2672 Dodge Street Louis A. Ring, 1183 Dodge Street Richard J. Ring, 115 West 11th Street Randall's Foodarama, 2600 Dodge Street Plaza 20 Mr. Steak, 2660 Dodge Street Fred Weiner, 1101 White Street Ramona Fettgather, 1103 Iowa Street Francis F. & John George, 1481 Dodge Street Hartig Drug Company, 730-736 Main Street Hartig Drug Company, 1st & Locust Street Ilartig Drug Company, 22nd & Cen- tral Avenue Donald Kies, 2620 University Av- enue Dennis K. Manahl, 3201 Central Avenue Kermit Meyers, 336 Main Street National Tea Company, 1313 Dodge Street National Tea Company, 2013 Cen- tral Avenue Raymond Ney, 2186 Central Av- enue Warehouse Market, 190 J. F. Ken- nedy Road Riverside Bowl, Inc., 1860 Haw- thorne Street Donald Arthofer, 532 East 22nd Street Karl J. Ball, 1080 University Av- enue John Burgmaier, 2401 Windsor Av- enue Ronald Brayton, Asbury & Am- brose Streets Leo Diener, 35 Locust Street Leo Grass, 1105 University Avenue Phyllis Licciardi, 869 Iowa Street Catherine Lester, 1322 Central Av. enue Martin Oil Company, 280 Locust Street Pride Service, Inc., 2175 Central Avenue Albert J. Ney, 1842 Central Avenue Nelson Norwood, Sr., Bunker Hill Golf Course Denise O'Neill, 55 Locust Street R. S. Ruegnitz, 629 Rhomberg Av- enue Sears Roebuck & Company, 300 South Locust Street Dr. D. C. Sharpe, 1630 East 16th Street Joseph W. Sutter, 3195 Jackson Street John Steffen, 690 West Locust Street Sunshine Circle—Finley Hospital, 1480 Allison Place C. P. Welu, 20t.h & Jackson Street Clark Super 100 Service Station, 1005 Dodge Street Florence E. Chalder, 113 Main Street R. J. Cremer, 731 Rhomberg Av- enue Dubuque Packing Company Retail Store, 16th & Sycamore John F. Glynn, 760 East 16th Street ,John J. Heiderscheit, 1278 Central Avenue John J. Ludescher, 1897 Clarke Drive Earl J .McNlainara, 1046 University Avenue Shirley Mihalakis, 574 East 16th Street Minnie R. Radloff, 1395 Brown Avenue Super 20 Drive In Theatre, John F. Kennedy Road George K. Arvanitis, 1958 Central Avenue Donald C. Brimeyer, 1100 Farley Street Marshall R. Birch, 62 Locust Street Joseph Hillard, 431 Rhomberg Av- enue Kenneth Jerome Love, 802 Central Avenue Karl H. Oleson, 1701 Asbury Street Helm O'Mara, 1397 Washington Street Joseph E. Reisdorf, 601 Rhomberg Avenue Frank Schwind, 2297 University Avenue Mathais A. Schneller, 2372 Central Avenue Special Session, June 19, 1969 251 Allen E. Tressel, 2528 Central Av- t enue Raymond Tschiggfric, 1190 Dodge Street Roger t Williams, 1027 Rhomberg Avenue Robert E. Cahill, 402 Locust Street Harold A. Casey, 655 Clarke Drive Marcella McCarty, 2093 Washing- ton Street Catherine M. Meyer, 530 East 22nd Street Richard F. O'Hara, 70 S. Locust Street 1Valsh Stores, 1301 Central Avenue Carl Van Duelman, 590 Clarke Drive BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 19th day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 147.69 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 i.esued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Nelson Norwood, Sr., Bunker Ifil Golf Course UVern G. Kieffer, Riverfront Soft bail Fields Passed, adopted and approved his 19th day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 14869 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 lie is hereby directed to issue to the following I named applicants a Beer Permit. CLASS "B" BEER PERMITS Nelson Norwood, Sr., Bunker Hill Golf Course LaVern G. Kieffer, Riverfront Soft- ball Fields BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 19th day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley 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: 252 Special Session, June 19, 1969 Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays ---None. Absent—Councilman Schultz. RESOLUTION NO. 14969 WHEREAS, applications for Liquor Permits have been sub- mitted to this Council for approv. al and the same have been exam- ined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant.- ed rant: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 Dubuque Golf and Country Club, 1800 Randall Place CLASS "C" LIQUOR LICENSE Aristo Foods of Iowa, Inc., 1111 Dodge Street Carl N. Brant, 2600 Central Avenue Ramona Fettgather, 1103 Iowa Street Lorraine Gordon, 2327 Central Av- enue Donald M. Love, 250 West 6th Street Cyril Meitl, 1555 Central Avenue Mrs. Dorothy M. Olsen, 1097 Jack- son Street Denise O'Neill, 55 Locust Street Riverside Bowl, Inc., 1860 Haw- thorne Street Joseph Edward Reisdorf, 601 Rhomberg Avenue Merlyn Weber, 1902 Central Av- enue Arthur W. Pins, 2699 J. F. Kennedy Road Joseph L. & Bernice M. Hillard, 431 Rhomberg Avenue Florence Herburger, 2987 Jackson Street Passed, adopted and approved this 19th day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 150.69 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 there to 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 "A" LIQUOR LICENSE Dubuque Golf & Country Club, 1800 Randall Place CLASS "C" LIQUOR LICENSE Aristo Foods of Iowa, Inc., 1111 Dodge Street Carl N. Brant, 2600 Central Avenue Ramona Fettgather, 1103 Iowa Street Lorraine Gordon, 2327 Central Av- enue Danald M. Love, 250 West 6th Street Cyril Meitl, 1555 Central Avenue Mrs. Dorothy M. Olsen, 1097 Jack- son Street Denise O'Neill, 55 Locust Street Riverside Bowl, Inc., 1860 Haw- thorne Street .Joseph Edward Reisdorf, 601 Rhomberg Avenue Merlyn Weber, 1902 Central Av- enue Arthur W. Pins, 2699 J. F. Kennedy Road Joseph L. & Bernice M. Hillard, 431 Rhomberg Avenue Florence Herburger, 2987 Jackson Street Passed, adopted and approved this 19th day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Special Session, June 19, 1969 153 Councilman Couchman moved adoptionCounc Second- ed by lmansMeyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. June 19, 1969 City Council Gentlemen: An offer has been received from Bradley Iron Works, Inc., 2345 Kerper Blvd. to purchase Lot 2, Block 16, Riverfront Subdivision Nr,. 3 measuring approximately 313.46 feet by 384.74 feet by 314.23 feet. The offer includes application to purchase a vacated portion of Marshall Street abutting Lot 1 of Block 16, measuring 25.2 feet by 50 feet. The land is needed by the firm to continue the expansion of their operations in Industrial Park. It is the recommendation of this committee that your honorable body take the following action: 2. That the above described real estate be sold to Bradley Iron Works, Inc. for 20 cents per square foot, and surveying of the plats be done at buyers ex- pense. That all operations and con- struction at the site be in con- formity with the conditions pre- valent in the reci,mmendat►on by the Mayor's Industrial Com- mittee, and all belongings, roads, signs. parking lots and storage of Inventory and equip- ment be in conformity with city codes and ordinances. That expansion of operations and improvements to the land be made within a reasonable period of time, and should Bradley Iron Works, Inc. elect not to use all the describe land for expansion, the City, o Dubuque be given first right to purchase said real estate a prices prevalent at the: time of disposal of said land That the City retain any exist ing easements for water line. seiner lines or utilities wit right of Ingress and egreK to repair, inspect and maintain same. Respectfully submitted by: Walter A. Pregler, Mayor Vincent J. Kaiser, Chrm., Dock Board Robert Dorothy, Mgr., Industrial Bureau Councilman Couchman moved approval of the offer and referred same to the City Solicitor for proper proceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Councilman McCauley moved that Paul Gisch be appointed to the Human Rights Commission and Mr. Owen Riley to the Citizens Ad. visory Commission. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley. Nays—None. Absent --Councilman Schultz. mayor Pregler moved that the Clerk be instructed to transmit the names of those appointed to the Human Rights Commission to the City Solicitor for a resolution on terms of years. Seconded by councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley Nays—None. Absent—Councilman Schultz. At 745 P.M. Mayor Pregler moved that the Council go into ex- ecutive session to discuss items of real estate in the Urban c'uRe Renewal area. Seconded by the following man McCauley. Carried by vote. yea!, Mayor Pregler, Coureil- d men Couchman, Meyers, McCauley f Nays --:Pone. t Absent--Counc0man Schultz The Council reconvened in spec - jai session at 10:03 Y.M. There being no further business s, Councilman McCauley moved to h adj,urn. Seconded by Mayor Preg lar. Carried by the following vote. 254 Special Session, June 19, 1969 Yeas — Mayor Pregier, Council- men Couchman, Meyers, McCauley. Nays --None. Absent—Councilman Schultz. Leo F. Frommelt, City Clerk. Approved December 8, 1969. Adopted December 8, 1969. City Clerk Special Session, June 213, 1969 255 The following have passed both CST the written and physical examina- ns and are hereby certified for OFFICIAL appointment to the Police Depart. ment. Galle, John C. 74% Respectfully submitted, Louis F. Fautsch, Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Special Session, June 23, 1969. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Council- men ager Meyers, City Mn Gil. Chavenel- le. Absent --Councilman Schultz. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is nailed for the purpose of CON- DUCTING A HEARING TO DIS- POSE OF CITY INTEREST IN A GRANT OF EASEMENT TO HODGE TRANSIT WAREHOUSE AND THRUPU n TeER'MIN'AL NC. and acting up busi- ness as may properly come before a regular meeting of the City Coun- cil. Printed Council proceedings for the month of March 1969 present- ed for approval. Councilman Mey- ers moved that the council proceed ings for the month of March 1969 be approved as printed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers. McCauley. Nays—None. Absent—Councilman Schultz. Communication of City Board of Review urging the City of Du- buque Conference Board toward commissioning a firm of real es- tate appraisers to up -date fair as- sessment of all properties through- out the City, presented and read. Cnuncilman McCauley moved that the recommendation of the Review Board be implemented. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler. Council- -nen Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. June ll, 1961) To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi sions of Chapter 365 of the 196f Code of Iowa, the Civil Service Commission conducted Entrance Examinations on May 14, 1969, fol the POLICE Department Attest: Leo F. Frommelt, City Clerk Subscribed and sworn to before me this 11th day of June, 1969. Eugene J. Berens, Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. June 11, 1969 To the Honorable Mayor and City Council Gentlemen: As you know, a few weeks ago a retaining wall immediately adia- centto Heeb Street collapsed. This caused a potentially hazardous situation for both residents in the area and also vehicular traffic attempting to use the street. In order to eliminate this highly dangerous condition, informal bid proposals were received in my of- fice on the morning of June 11, 1969 for the construction of a new wall along Heeb Street. Alternate bid proposals for con- crete and stone type walls were re- ceived. The following are the tabu- lated results of the bids submitted: Bidder Lump Sum Bid William Becker & Sons Stone Co., (Alternate No. 2—Stone) $16,460.- 00 (Alternate No. 1—Concrete) K. W. Gaber Construction Co., $22,050.00 M. F. Goerdt Construction Co., $39,425.00 After detailed analysis of the proposals was completed, it was de- cided that the contract for the wall construction should be awarded to 256 Special Session, June 23, 1969 the lowest, bidder on Alternate No. 2, William Becker and Sons Stone Company. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Pregler moved that the recommendation of the City Man. ager be approved. Seconded by councilman Couchman. Carried by the following vote: Yeas—MayorPregler, Council- men Couchman, Meyers, McCauley. Nays -- None. Absent — Councilman Schultz. June 10, 1969 To the Honorable Mayor and City Council Gentlemen: I submit for your consideration a proposed contract between the City of Dubuque and Northwest- ern Bell Telephone Company for a Public Emergency Reporting Service for the Fire Department. Chief Dunphy has reviewed the proposed installation and recom- mends that it be installed with the construction of the new fire station. I recommend the agreement and request authority to sign the con- tract on behalf of the City. Respectfully, Gilbert D. Chavenelle, City Manager Councilman McCauley moved ap- proval of the Manager's recom- mendation. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz, June 16, 1969. To the Honorable Mayor and City Council 1 am returning to you the letter of Mr. Russell T. Walker and a copy of a letter report from John White concerning the 12th Street dike removal problem. I believe that the problem will be resolved in a couple of weeks and that everything is being done to ease the situation until the dike is removed. The alternate solution is for the city to contract for the removal of the dike. I do not recom mend this alternative. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and [fled. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent—Councilman Schultz. June 19, 1969 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 Dubuque Food & Fun Expo, Hawk - eye -Security Insurance Co. Fondell & Sons, Inc., Bituminous Casualty Corporation SIDEWALK Carl Blosch, Merchants Mutual Bonding Company Kenneth Palm, Merchants Mutual Bonding Company Fred E. Smith, Western Surety Company Respectfully, Gilbert D. Chavenelle, City Manager Mayor Pregler moved the bonds and policies be filed subject to ap- proval of the City Solicitor. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. June 19, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Treasurer, City Auditor and Water Department for the month of May 1969. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Pregler moved that the reports be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Special Session, June 23, 1969 257 June 19, 1969 I To the Honorable Mayor 1 and City Council l Gentlemen: t I am enclosing a letter which I Luther anor Corporation Board of Directors re- questing a street ]fight on Hillcrest. Road near Luther Manor. The City Electrical Inspector has viewed the location and it is recom- mended htabeainstalledton the exI vapor lig fisting pole at the southwest corner of 2003 Carter Road. submitted. Respectfully Gilbert D. Chavenelle City Manager Councilman Couchman moved of he that the recommendationSeconded tby Manager be approved. Councilman McCauley. Carried by the following vote: Yeas -- Mavor Pregler, Council. men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. June 20, 196`1 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a re- quest to reclassify Lot A, Block 22, Key Knolls Subdivision from Multiple Family -Professional Of- fice to Local Business. The property is located on the east side of Kennedy Road. The property directly south is occu- pied by a dental office and the property to the east is undevelop- ed but is zoned Multiple Residence. Access to this property is from Kennedy Road. Property across Kennedy Road is classified Busi- ness. In planning this area Kennedy Road has been considered to be a logical division line between com- mercial development and residen- tial development. All of the front age along Kennedy Road frorr Hoover Elementary School, north to the fire station has been classi Pied Multiple Residence. Block 22 of Key Knolls was in eluded in the section that also permitted professional offices. It is the opinion of the Con'. mission that the present zoning o this area will permit the best do velopment for the area It is the recommendation of the 'lanning and Zoning Commission hat the classification of Lot A, Clock 22 of Key Knolls Subdivision of be changed. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson, Director of Planning Councilman Couchman moved hat the recommendation of the 'ommission be approved. Second - :d by Councilman McCauley. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Couchman. Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Mayor Pregler moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Mr. Don Gilson, Director of Planning, submitted a layout of the zoning classification in and around Lot A Block 22 of Key Knolls Subdivision. Mr, Richard Hansel requested the Council to table the recommendation of the Planning 11 Zoning Commission for further study rather than deny it at this time. June 20, 1969 Honorable Mayor and C,)uncil Members Gentlemen: The City Planning and Zoning C,>mmission has reviewed a re - streets quest to have the following s and alleys vacated: a. All that part of Main Street lying southerly of Railroad Av enue in the City of Dubuque, Iowa; b. All that part of Railroad Avenue lying easterly of Main Street in the City of Dubuque, Iowa; c. All of the alley which extends through Block 28 of ue HarborCompany Addition to the City of Dubuque, Iowa. The General Development Plan proposed that the North-South Ex, f presswaY be routed through the area where the right-of-way in question is located. 238 Special Session, June 23, 1969 The Urban Area Transportation Study hai proceeded to a point that 1990 projected traffic is being assigned to proposed 1990 street networks. When this is completed a final network can be developed and preliminary design of the expressway can begin. It is the opinion of the Com- mission that no right-of-way should be vacated that might be, needed . at a later date for expressway pur- poses. It is the recommendation of the City Planning Commission that this request not be approved. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson. Director of Planning Councilman Meyers moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Communication of Lyle Dewey, requesting a speed-up in the pro- cessing of his claim for damage to his daughter's violin as the re- sult of a fall on an ice covered walk on University avenue, pre- sented and read. Mayor Pregler moved that the communication be referred to the City Solicitor with instruction to communicate with Mr. Dewey. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz, Notice of claim of Thomas L. Richmond of 1895 Floraview Drive, in the amount of $5.00 for wrecker service expense incurred to lift his car out of a hole in the should- er of the roadway near Grandview Extension on Kerrigan Road on May 24, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the Citv Solicitor for investigation and report. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas—Mayor Pregler. Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Notice of claim of Frank W. Reihle of 650 Wilson Ave., in an undetermined amount for property damage to his home as the result of a fallen dead elm tree on ,lune 4, 1969, presented and read. Coun. cilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, I'IcCauley. Nays—None. Absent—Councilman Schultz. Notice of Suit of Du -Trac Credit Union, in the amount of $140.01, for car damage as the result of a fallen tree limb on December 12, 1968, while said car was parked at 794 Clarke Drive, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Notice of Petition of the Eagles Building Corporation located on S% of Lot 100 and the West 94' of N% of Lot 100, praying for dam- ages in the amount of $90,000 in the condemnation of their proper- ty under Urban Renewal, presented and read. Councilman Meyers mov- ed that the Notice be referred to the City Solicitor for investigation and report. Seconded by Council- man McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Notice of Suit of Dorothy K. Freeman vs. Tri-State Convales- cent Center Inc. and the City of Dubuque, in the amount of $5000. for personal injuries received in a fall on a defective sidewalk at northwest corner of intersection of W. 3rd and Burch Street in the Spring of 1969, presented and read. Councilman Meyers moved that the notice of Suit be. referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman McCauley. Carried by the following vote: Special Session, June 23, 1969 259 Yeas—Mayor Pregler, Council men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. June 17, 1969 Honorable Mayor and City Council Gentlemen: On the 31st day of December, 1968, the Ditsrict Court of Iowa, Honorable John C. Oberhausen presiding, rendered judgment in the matter of the Appeal of Marg- aret Birch against the City Of Dubuque, Iowa in Equity No. 80887 relating to the levy of special as- sessments against the respective parcels of real estate owned by the plaintiff in connection with the "Fremont Avenue Iiot-11iix Hot - Laid Asphaltic concrete Paving" project. In its decree, the court deter- mined that the following specified assessments against the following specified parcels of real estate were excessive in the respective amounts hereafter shown, to -wit: Description Assessment Excess Lot 2 of Min- eral Lot 122 $ Westerly Part of Lot 2 of Lot 4 of Min- eral Lot 122 Easterly Part of Lot 2 of Lot 4 of Min- eral Lot 122 Lot 1 of Min- eral Lot 122 5,483.61 $ 3,583.61 4,823.08 823.08 10,047.66 6.047.66 380.74 none said two amounts from the date of levy to date, together with the right by the plaintiff to make currently to date and thereafter make said payment of the assessm^nt in in- stallments for the remainder of the ten year interval. That it is the recommendation of the City Attorney's office that said offer of settlement be ac- cepted and that the City Engineer's office be instructed to prepare pro- ceedings for the levy of assess- ment in accordance herewith and that the plaintiff be permitted to pay the amount of said assessment up to date, together with interest, and that she be permitted to pay the remainder in annual install- ments for the remainder of the ten year period. Respectfully submitted, R. N. Russo, City Attorney Councilman Couchman moved that the recommendation of the City Attorney be approved. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. $20,735.09 $10,454.35 That the said order prescribed that the City Council levy said as- sessment in accordance with said decree, that is to say, in an amount of the levy less the excess decreed by the court. That after the entry of said judg- ment, that the matter was subject to postjudgment hearings which were overruled by the court and thereafter, appeal to the Supreme Court of Iowa was made, and trans cript of the proceedings was order ed prepared. That the City Attorney has re ceived an offer of settlement fron the plaintiff to pay the amount o the actual assessment determine by the court. plus the sum of $1 400.00 together with interest 0 ORDINANCE NO. 30.69 An Ordinance Amending Ord- inance No. 31.52 by repealing Section 21 thereof thereby eliminating the requirement that tank vehicles delivering Class I Flammable Liquids to any Service Station be lim- ited to a capacity of 2000 gal- lons, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate ayor ys be waived. Seconded by Pregler. Carried by the following vote: Yeas—Mayor Prer, McCauley. Couchman, Meyers Nays—None. Absent --Councilman Schultz 260 Special Session, June 23, 1969 ORDINANCE NO. 30.69 AN ORDINANCE AMENDING ORDIN- ANCE NO 31.52 BY REPEALING SEC- TION N THEREOF THEREBY ELIM- INATING THE REQUIREMENT TIIAT TANK VEHICLES DELIVERING CLASS 1 FLAMMABLE. LIQUIDS TO ANY BE LI' [TED TO AICE SEV C. PACITYION OF 20 0 GAL. LONS. NOW THEREFORE BE IT ORDAINED OBY THE CITY F DUBUQUE, IOWA: OF THE CITY Section 1. That Ordinance No. 31.52 be and the same is hereby amended by 21 thereof number Section the remaining sectio s there• of. Passed, approved and adopted this 23rd day of Junc 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gayylord M. Couchman Councilmen ATTEST: Leo F. Frommclt, City Clerk Published officially In the Telegraph - Herald Newspaper this 27th day of June 1969. Leo F. Frommclt, City Clerk It. 6/27 Councilman Meyers moved adop- tion of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None, Absent—Councilman Schultz. Petition of Jennie Peschang re- questing relief of high rent pay- ments for the older citizens of the City a food many of which are living on fixed incomes, presented and read. Mayor Pregler moved that the petition be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schult7. Petition of the Dubuque Park Board requesting a bond issue, due to allowable action taken by the State Legislature, to pay the cost of removal of dead trees on public property, presented and read. May- or Pregler moved that the peti- tion be referred to the City Man- ager with Council approval to con- sider a bond issue. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Petition of Dubuque Commun- ity School District requesting per. mission to use aerial shells during the course of four home football games during the 1.969 season, pre. sented and read. Mayor Pregler moved that the petition be approv- ed subject to approval of the City Manager and staff. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Petition of Mrs. Rosemary San- ner et al (17 signers) requesting sanitary sewer installation on Edith and North Burden streets, presented and read. Mayor Pregler moved that the petition be referred to the Engineering De- partment for investigation and re- port. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Petition of A. J. Rooney, Secre- tary of United Transportation Union, requesting removal of weeds and cottonwood trees in the Industrial park along the railroad tracks, presented and read. Coun- cilman McCauley moved that the petition be received and filed. Sconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. June 17, 1969 To the Honorable Mayor and City Council Gentlemen: In regard to the communication received from Mr. A. J. Rooney of the United Transportation Un- ion, the problem of cottonwood trees on Industrial Park, t11e mat- ter has been referred to the Dock Commission and Mrs. Lang advised that arrangements will be made to have the trees cut. Respectfully. Gilbert D. Chavenelle City Manager Councilman McCauley moved that the communication be re- ceived and filed. Seconded by May- Special Session, June 23, 1969 261 or Pregler. Carried by the fol- ' lowing Vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent --Councilman Schult._. Petition of Dubuque Park Board requesting that another effort be made into the cleaning up Aof the ndrew Fondell property on Shin as Avenue, located across from the entrance to Eagle Point Park, pre. sented and read. Councilman Couchman moved that the petition be receives and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Abient—Councilman Schultz. Petition of Dubuque Downtown Merchants Assn. requesting per- mission to conduct sidewalk Crazy Day promotion on July 18, 1969, presented and read. Mayor Pregler moved that the petition be ap- proved subject to approval of the City Manager and staff. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Petition of Richard A. Foecking requesting a refund of $375. on the unexpired portion of Liquor License No. C-6136 as he has dis continued business on May 15. 196), presented and read. Council- man Meyers moved that the refund be granted and the Auditcr in- structed to lssu- proper warrant. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley Nays—None. Absent—Councilman Schultz. Petition of John Cavanaugh re- questing a refund of $50 on the unexpired portion of Class B Beer license No. 91, as he has discon• tinued business on June 1, 196% Presented and read. Cnuncilmar Meyers moved that the petition tx granted and the Auditor instruct ed to issue proper warrant. Sec onded by Councilman McCauley Carried by the following vote: Yeas—Mayor Pregler, Council men Couchman, Meyers, McCauley Nays—Ncne . Absent --Councilman Schultz. Petition of Patricia Mulgrew re luesting a refund in the amount of ;100. on the unexpired portion of N ass B Beer Permit No. 11, as she tas discontinued business on May 1, 1969, presented and read. Coun- ,ilman Meyers moved that the peti- tion be granted and the Auditor instructed to issue proper war- rant. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Proof of Publication, certified to by the Publisher, of notice of public hearing to dispose of in- terest in a grant of easement over and across Lot 1 of Lot 10 of Block 4 of Riverfront Sub. No. 2 to Hodge Transit Warehouse Co. and Thruput Terminal Inc., pre- sented and read. No written objections were fil. ed 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 Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Abrent—Councilman Schultz. RESOLUTION NO. 151.69 WHEREAS, pursuant to resolu- tion of published noticeoftime and place of hearing published the Telegraph -Herald, a newspa- per of general circulation pub- lished in the City of Dubuque, Iowa, on June 2, 1969 and June 9, 1969, City Council of Dubuque, Iowa met on the 23rd day of June, 1969 at 7:30 o'clock P.M., Central Daylight Savings 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 a portion of real estate in a GRANT OF EASE- MENT to Hodge Transit Ware, house Co. and Thruput Terminal Inc. for industrial spur track in, over and across I,ot 1 of Lot 10 of Block 4 of Riverfront Subdivision No. 2, designated easement "A" on plat dated March 10, P9 pre- pared by A. A. sional civil Engineer and land sur veyor, and 262 Special Session. June 23, 1969 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 by way of Grant of Easement to Hodge Transit Warehouse Co. and Thruput Terminal, Inc. 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 by Grant of Ease. ment to Hodge Transit Warehouse Co. and Thruput Terminal Inc. for industrial spur track in, over, and across Lot 1 of Lot 10 of Block 4 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, designated as easement "A" on plat dated March 10, 1969 for costs of publication be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said Grant of Easement to Hodge Tran- sit Warehouse Co. and Thruput Terminal Inc. upon receipt of costs 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 Recorder. Passed, approved and adopted this 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec. onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley. Nays—None. Absent—Councilman Schultz. GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the City of Du- buque, Iowa for and in considera. tion of One ($1.00) Dollar and oth. er good and valuable considera. tion, receipt whereof is hereby ac. knowledged does hereby grant un- to Hodge Transit Warehouse Co. and Thruput Terminal Inc. an easement and right of way in, over and across and to the real estate hereinafter described for the purpose of ingress and egress to the respective properties of the Grantees by means of railroad spur track located on: Lot 1 of Lot 10 of Block 4 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, designated as easement "A" on plat dated March 10, 1969. This easement shall terminate in the event that said railroad spur track is abandoned or the use of it discontinued. CITY OF DUBUQUE, IOWA By: Walter A. Pregler Attest: Leo F. Frommelt City Clerk State of Iowa County of Dubuque ss. On this 23rd day of June, 1969, before me, the undersigned No- tary Public in and for the County of Dubuque and State of Iowa, per- sonally appeared Walter A. Preg- ler and Leo F. Frommelt to me personally known, who being duly sworn did say that the said Wal- ter A. Pregler is Mayor and the said Leo F. Frommelt is Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the City of Dubuque, Iowa, by authority of the City Council of said City and the said Walter A. Pregler and Leo F. Frommelt acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa by it voluntarily executed. Eugene J. Berens Notary Public In and for Dubuque County, Iowa RESOLUTION NO. 15269 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, com- posed of Walter A. Pregler, Mayor, Vincent Kaiser, Chairman of Dock Special Session, June 2.3, 1969 263 Board, and Robert. E. Dorothy, Manager of Dubuque Industrial Burende city Council u, have rof o Dubuque, Iowa, City that the application to purchase certain real estate by W. S. Shep- pley & Co., of Dubuque, Iowa for the purpose onetruwtting and arehouse erecting thereon building in the City of Dubuque, Iowa, and WHEREAS, the City Council of Dubuque, Iowa has examined said application and said recommenda- tion by the MAYOR'S INDUS- TRIAL COMMITTEE and find that the sale of said real estate should be approved, and WHEREAS, said real estate sought to be purchased by W. S. Sheppley & Co. of Dubuque, Iowa shall hereafter be platted, scribed and known as: Lot 2 of Lot 1, Block 6 "River Front Subdivision No. 3" in the City of Dubuque, Iowa containing approximately 3.16 acres more or less, subject to existing easements. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of W. S. Sheppley & Co. of Du- buque, Iowa to purchase a parcel of real estate in the City of Du- buque, Iowa which real estate shall hereafter be platted, de- scribed and known as follows: Lot 2 of Lot 1, Block 6 "River Front Subdivision No. 3" in the City of Dubuque, Iowa containing approximately 3.16 acres more or less, subject to existing easements be and the same is hereby ap- proved upon the following terms and conditions: A. That said real estate be sold to W. S. Sheppley & Co. of Du- buque, Iowa for the construction of a new building thereon contain- ing approximately 20,000 square feet for the purpose of a ware- house building in the City of Du- buque, Iowa. B. That the sale price for said real estate shall be in the amount of Twenty-five Thousand ($25,000.00) Dollars for 137,650 square feet and the receipt of Two Chousand Five Hundred ($2,500.00) )ollars as down payment is here- A'ith acknowledged by the City. C. That construction of said plant be commenced within one (1) year of adoption and the pas- sage of this Resolution and shall he completed within two (2) years of date of adoption and passage of this Resolution and upon fail- ure so to do by the purchaser, W. S. Sheppley & Co. of Dubuque, Iowa, said real estate shall auto- matically revert to the City of Du- buque, Iowa and purchase price, less damages, shall be refunded to the purchaser. D. That the construction of all buildings, yards, parking lots and fences shall be constructed in con- formance with existing City codes. E. That the City of Dubuque, Iowa retains a perpetual easement for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities together with right of ingress and egress to reppir, inspect and maintain the same, F. That all utilities and services to proposed buildings be connect- ed at buyer's expense. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 153.69 WHEREAS, City of Dubuque, Iowa has negotiated with the Chi- 2l:1 Special Session. June 23, 1969 cago North Western Railway Com- pany for the eraating of a license for the const^:cction. sewer tenance on the and Use of a s=tart' property of the railroad company the jeeetiea of which is shown on the colored ltgend on Exhibit "A" which the City of Dubuque re- ceived April 15. 1969, and is con. nected to Resolution No. 62-69 and: WHEREAS, the City of Du- baque. Iowa deems it in the best public interest that said City of Dubuque enter into such licensing agreement with said railroad com- pany. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That license agree- ment by and between Chicago and North Western Railway Company and the City of Dubuque, Iowa which license pertains to the con. struction, maintenance and use of a sanitary sewer located on the property of the railroad as shown on Exhibit "A" which the City of Dubuque received April 15, 1969, and is connected to Resolution No. 62-69 said agreement be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said licensing agree- ment for and on behalf of the City of Dubuque, Iowa, and that the payment of One Hundred Dol- lars ($100.00) therefore, to the said railway company be and the same is hereby approved. Passed, approved and adopted this 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. June 2, 19% To the Honorable Mayor and City Council Gentlemen: The installation of the Eighth Street Storm Sewer 1969 has been completed in accordance with the plans and specifications by Jim Schroeder Construction, Inc., of Bellevue. Iowa. I recommend the improvement be accepted. Respectfully submitted, 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 Pregler, Council- men Couchman. Meyers, McCauley. Nays—None. Absent—Councilman Schultz. FINAL ESTIMATE RESOLUTION NO. 15469 Whereas, the contract for the Eighth Street Storm Sewer 1969 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $15,814.60. That $ -0- of the cost thereof shall be assessable upon private property and $1.5,814.60 shall be paid from the Sanitation Fund of the City of Dubuque. Passed, adopted and approved this 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Special Session, June 23, 1969 265 (A Resolution Accepting Improvement) RESOLUTION NO. 155.69 WHEREAS. the contract for the Eighth Street Storm Sewer -1969 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con. tract, plans and specifications and recommends its acceptance, now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendationof the and City Manager be approved that said improvement be and the same is hereby accepted. BF, IT FURTHER RESOLVED. that the City Treasurer be and he is hereby directed to pav to the contractor from the. funds to be realized from the Sanitation Fund upon the above described improve- ment in amount equa to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 23rd day of .lune, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop tion of the resolution. Seconded b Mayor Pregler. Carried by the fol lowing vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, McCauley Nays—None. Absent --Councilman Schultz. City Council has ascertained the cost thereof and has determined that $7,590.70 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds for the purpose of provid- ing for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; Now Therefore Be It Resolved 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 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 I.ot 2 of Lot 1 of Lot 1 of SWu4, Section 16, T. 89 N. R. 2E, there shall be issued water main exten- sion bonds in the amount of 54.224.75 Dollars in anticipation of the deferred payment of assess. ments levied for such improve- ment. 2. Such bonds shall be called water main extension bonds; and shall bear the date of June 4, 1969; and shall be numbered be nnum- tively; and they shall bored, divided into series, and be y in such denominations and for such maturity dates as are shown in the following table: RESOLUTION NO. 156.69 Resolution providing for the is- suance of Water Main Extension bonds for the purpose of provid- ing for the payment of the as- sessed cost of City of Dubuque 1968 Asbury Road Water Main Project No. 1. Whereas the contract heretofore entered into by the City of Du- buque, 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 Series Denomination No. Bond No. Maturity 1. None. 1971. 2. 1484, $500.00, June 1, 3. 1485, $500.00, June 1, 1972. 4. 1486, $500.00, June 1, 1973. 5. 1487, $500.00, June 111974. 6. 1488, $500.00, June 1, 1975. 7. 1489, $500.00, June 1, 1976. 8. 1490, $500.00. June 1, 1977• 9. 1491, $500.00, June 1, 1978- 979. 10. 1492, $24.75. June 1, 3. Said bonds shall bear interest at the rate of five per per an- num, payable semiannuallyc, cordance with coupons thereto tached: 4. Said bonds shall not make th City of Dubuque liable in any Y,(; Special Session, June 23, 1969 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 Water Main Extension Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear. er hereof, the sum of five hundred dollars with interest thereon at the rate of five per cent per an. num, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and inter- est of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by vir- tue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 23rd day of June, 1969, be- ing Resolution No. 156-69. This Bond is one of a series of 9 bonds, 8 for $500.00 numbered from 1484 through 1491, and one for $224.75 numbered 1492, all of like tenor and date, and issued for the purpose of providing for the anticipated deferred payment of assessments levied for the con- struction 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, Dubuque Township, Dubuque, Iowa, to the westerly property line of Lot 2 of Lot 1 of I.ot 1 of SW314, Section 16, T. 89 N. R. 2E as described in said Resolution, in said City, which cost is payable by the abuttin>; and adjacent property along said improvements and is made by law a lien on all of a?d property. It is payable only out of the Special Assessment Fund No. 1278 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap. pened, and performed, in regular and due form, as required by law and said Resolution, and for the as. sessment, collection and payment hereon of said special tax, the full .lid 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 ...... dayof ................. 19....... (SEAL) ................................................. .......................................................... City Clerk (Form of Coupon) On the .......... day of ................. the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of Dollars, in the office of the City Treasurer in the City of Du- buque, being ...... months' interest due that date on its ................ Bond No........... dated ............................................................ ................... 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 de- liver 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. 1278 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ms- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year Special Session, June 23, 1969 267 after the payment of interest due, the City Treasurer is directed to i call these bonds in the same order as numbered. lo. Notice of election to call these bonds shall be given by,sed United States mail addressed to the last known address of the purchaser. Passed, adopted and ap- proved this 23rd day of June, 69 Walter A Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 157.69 WHEREAS, Pride Service Inc., has granted a perpetual easement to City of Dubuque, Iowa, in, over and across the following described real estate: The westerly portion of Beat- rice Foods Place in the City of Dubuque, Iowa as delineated in red upon the attached plat, marked Exhibit "A" and by reference made a part hereof. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the grant of per- petual easement by Pride Service Inc., an Iowa corporation, to the City of Dubuque, Iowa in and to the real estate hereinabove de- scribed be and the same is hereby accepted. Passed, approved and adopted this 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second• ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council - nen Couchman, Meyers, McCauley. Nays—None. Absent Councilman Schultz. RESOLUTION NO. 158.69 Authorizing the advertising of bids for the demolition and site clearance of certain parcels of real estate in the downtown ur- ban renewal project, Iowa R-15. Whereas, the Cit;; 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 Hous- ing Act of 1949, as amended, 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 has ac- quired and is acquiring certain parcels of real estate; and WHEREAS, in order to provide cleared land for redevelopment and for certain public improve- ments: now therefore Be It Resolved by the City COun- cil of the City of Dubuque, Iowa: Section 1. That the City Clerk be and he is hereby aLthorized and directed to publish "Invitation for Bids" for Demolition Contract No. 1-69 for the demolition and site clearance of certain parcels of real estate in the Downtown Ur- ban Renewal Project, Iowa R-15, in the form of Exhibit "A" at- tached hereto and made a part hereof. Passed, and adopted, an June June, this '23rd day , 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk "EXHIBIT A" INVITATION FOR BIDS Demolition Contract No. 1.69 The City of Dubuque, State of Iowa, %%ill received sealed propos- alsfor Demolition of buildings and structures and Site Clearance $ Special Session, June 23, 1969 26 for the Downtown Urban Renewal Project, Iowa R-15, until 10 o'clock, A.M., Central daylight Time on July 11, 1969, at the Of- fice 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 24 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. Copies of the Contract Docu- ments may be obtained by depos- iting $10.00 with the Director of Urban Renewal, Suite 10-B Fischer Building, 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 ten percent (10%) 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 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 salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for em- ployment 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 a«arding of the Contract. CITY OF DUBUQUE Leo F. Frommelt City Clerk Date: June 30, 1969 Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz, RESOLUTION NO. 159.69 Authorizing the Purchase of Cer- tain Real Estate in the Down- town Urban Renewal Project, Iowa R•15 Whereas, under date of July 26, 1yiW, 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 Du- uuque independent appraisals of certain parcels of real estate to be acquired for the project; and WHEIiEAS, 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 leas received from the Department (,f 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 Dubuque, Iowa: Section 1. That the City Man- ager be and he is hereby author- ized and directed to execute Agreements of Purchase and to do any and all things necessary and requisite including the affix- ing of the City Seal to certain in- struments to purchase the follow- ing described parcels of real es- tate in accordance with the Down- town Urban Renewal Plan at their concurred — in acquisition prices, at a total cost not to exceed $899,632.00. Special Session, June 23, 1969 269 Parcel No. Legal Description 1-6 East one-half of City Lot 254 5-8 City Lot 25 7.8 City Lots 246-247 8.5 Lot 2 North one-half of City Lot 22 8-8 South 44 feet of City Lot 21 8.9 Lot 5 Weigel's Subdivi- sion of City Lot 180 and South 11 feet of City Lot 179 9-1 North two-thirds of North one-half of City Lot 740 and all of City Lot 751 95 South two-thirds of City Lot 748 9-9 North one-third of City Lot 749 9-11 Middle two-thirds of City Lot 750 15-5 South 63 feet 7 inches of City Lot 68 All located in the City of Du- buque, Dubuque County, State of Iowa. Passed, adopted, and ap- proved this 23rd day of .Tune, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 160-69 Preliminary Estimate, approval of plans and specifications, form Of contract, for construction of Restroom Facilities in Veterans Memorial Park, at an estimated cost of $23,701.00, presented and read. Councilman Meyers moved adop tion of the resolution. Seconded by Mayor Pregler. Carried by the fol lowing vote: Yeas — Mayor Pregler, Coun cilmen Couchman, Meyers, McCau ley. Nays—None. Absent—Councilman Schultz. (Necessity for Improvement) RESOLUTION NO. 161.69 Whereas, proposed plans, speci- ications, form of contract, plat and schedule have been duly pre- )ared and approved by the City 'ouncil of the City of Dubuque and are now on file in the office A the City Clerk showing among other things the following. 1. The Type of Improvement. 2. 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. RECREATION DEPARTMENT VETERANS MEMORIAL PARK Restroom Facilities — 1969 Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and nec- essary for the public welfare to make the herein mentioned 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 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 %%hich 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 shall be paid out of the Raf- ferty Park Property Fund. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 23rd day of June, 1969. Approved and placed on file for final action. Approved: Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Mayor Pregler. Carried by the following vote: 270 special Session, June 23, 1969 Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays --None. Absent—Councilman Schultz. (Fixing date of hearing) RESOLUTION NO. 16269 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 160-69 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 Recreation Department, Veterans Memorial Park, Restroom Facilities —1969 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 4th day of August, 1.969, a public hearing will be lield 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 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 the 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 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 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 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler. Councilmen Couchman, Meyers, McCauley. Nays- -None. Absent --Councilman Schultz. (Ordering Construction) RESOLUTION NO. 163.69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF' DU- BUQUE that pursuant to a resolu- tion of necessity No. 161.69 which was duly passed by this Council, for the Recreation Department, Veterans Memorial Park, Restroom Facilities—1969be and the same are hereby ordered and construct• 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 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 will be paid out of the Rafferty Park Property 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 60 days after notice to proceed is 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 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald It. Meyers Gaylord M. Couchman Councilmen Attest. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- Special Session, June 23, 1969 271 ed by Mayor Pregler. Carried by the following vote: yea, _Mayor Pregler, Councilmen Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 16469 WHEREAS, the City Council of the City of Dubuque, Iowa hereto- fore pa:<sed, approved and adopted Ordinance No. B-69 known as the "Dubuque human Rights Ordin- ance", and WHEREAS, by virtue thereof and pursuant thereto a Human Rights Commission consisting of nine (9) members appointed by the Mayor with the advice and consent of the City Council should be created. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following named be and the same are hereby appointed as members of the Du- buque Human Rights Commission for the respective terms for which they shall hold office, to -wit: "For one year term expiring January 1, 1970: Paul Gisch, 20 Fremont Ave. Joseph Hanson. 1365 S. Grand- view Gerald Sjobakken, 120% Kauf- mann Ave; For two year term expiring January 1, 1971: Dr. Virgil Cruz, 1556 Auburn St. Mrs. John (Jane) Graves, 2355 Simpson Brendan Forrest, 1586 Mt. Pleas- ant; For three year term expiring January 1, 1972: William Fuerste, 1360 S. Grand. view Ave. Frank Hickey, 1370 Belmont St Janet Jones. 1951 Alta Vista St.' Section 2. The Commission shat elect from its own membership I 'chairman and vice chairman. I 'shall also el,-ct a secretary who 'need not be a member of the sail 'commission Passed, approved and adopted his 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Councilmen Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 16S-69 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, com- posed of Walter A. Pregler, Mayor, Vincent Kaiser, Chairman of Dock Board, and Robert E. Dorothy, Manager of Dubuque Industrial Bureau, have recommended to the City Council of Dubuque, Iowa, that the application to purchase certain real rstate by Bradley Iron Works, Inc. of Dubuque, Iowa, for the purpose of expansion of their operations in Industrial Park in Dubuque, Iowa, and WHEREAS, the City Council of Dubuque, Iowa has examined said application and said recommenda- tion by the MAYOR'S INDUS- TRIAL COMMITTEE and find that the sale of said real estate should be approved, and WHEREAS, said realestate sought to be purchased by Bradley Iron Works, Inc. of Dubuque, Iowa described and known as: Lot 2, Block 16, Riverfront Sub- division No. 3 and the vacated portion of Marshall Street abut, ting Lot 1 of Block 16, of River - front Subdivision No. 3 in the City of Dubuque, 10wa, subject to existing easements. NOW THEREFORE BE IT R& SL BY CITY QTHECIOFDUBUQUE, IOWA: Section 1. That the application of Bradley Iron Wore Inc, of Dubuque, ()%,a to purchase a par. cel of real estate in the City of Dubuque, Iowa which real estate is described and known as fallow~ 270 Special Session, June 23, 1969 Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. (Fixing date of hearing) RESOLUTION NO. 162.69 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 160-69 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 Recreation Department, Veterans Memorial Park, Restroom Facilities —1969 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 4th day of August, 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 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 the 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 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 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 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vole: Yeas—Mayor Pregler, Councilmen Couchman, Meyers, McCauley. Nays --None. Absent—Councilman Schultz. (Ordering Construction) RESOLUTION NO. 163.69 BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF DU- BUQUE: that pursuant to a resolu- tion of necessity No. 161.69 which was duly passed by this Council, for the Recreation Department, Veterans Memorial Park, Restroom Facilities— 1969 be and the same are hereby ordered and construct- 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 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 will be paid out of the Rafferty Park Property Fund. BE IT FURTHER RESOLVED that the City Clerk be and he i-; hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve menls herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed is 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 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald It. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- Special Session, June 23, 1969 271 ed by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Councilmen Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz RESOLUTION NO. 164-69 WHEREAS, the City Council of the City of Dupropted fore passed, approved and ad Ordinance No. 8.69 known as the "Dubuque liuman Rights Ordin- ance", and WHEREAS, by virtue thereof and pursuant thereto a Human Rights Commission consisting of nine (9) members appointed by the Mayor with the advice and consent of the City Council should be created. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following named be and the same are hereby appointed as members of the Du- buque Human Rights Commission for the respective terms for which they shall hold office, to-Nvit: "For one year term expiring January 1, 1970: Paul Gisch, 20 Fremont Ave. Joseph Hanson, 1365 S. Grand- view Gerald Sjobakken, 120% Kauf- mann Ave; For two year term expiring January 1, 1971: Dr. Virgil Cruz, 1556 Auburn St. Mrs. John (Jane) Graves, 2355 Simpson Brendan Forrest, 1586 Mt. Pleas- ant; For three year January 1, 1972: William Fuerste, view Ave. term expiring 1360 S. Grand - Frank Hickey, 1370 Belmont St. Janet Jones, 1951 Alta Vista St." Section 2. The Commission shall elect from its own membership a 'chairman and vice: chairman. It 'shall also elect a secretary who 'need not be a member of the said 'commission. Passed, approved and adopted This 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas --Mayor Pregler, Councilmen Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 165.69 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, com- posed of Walter A. Pregler, Mayor, Vincent Kaiser, Chairman of Dock Board, and Robert E. Dorothy, Manager of Dubuque Industrial Bureau, have recommended to the City Council of Dubuque, Iowa, that the application to purchase certain real estate by Bradley Iron Works, Inc. of Dubuque, Iowa, for the purpose of expansion of their operations in Industrial Park in Dubuque, Iowa, and WHEREAS, the City Council of Dubuque, Iowa has examined said application and said recommenda- tion by the MAYOR'S INDUS- 'rRIAL COMMITTEE and find that the sale of said real estate should be approved, and WHEREAS, said real estate sought to be purchased by Bradley Iron Works, Inc. of Dubuque, Iowa described and known as: Lot 2, Block 16, Riverfront Sub. division No. 3 and the vacated portion of Marshall Street abut- ting Lot I of Block 16, of River - front. Subdivision No. 3 in the City of Dubuque, Iowa, subject to existing easements. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF' THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Bradley Iron Works, Inc. of Dubuque, Iowa to purchase a par- cel of real estate in the City of Dubuque, Iowa which real estate is described and known as follows' 272 Special Session, June 23, 1969 Lot 2, Block 16, Riverfront Sub- division No. 3 and the vacated portion of Marshall Street abut- ting I of 1 of Block 16, of River - front Subdivision No. 3 in the City of Dubuque, Iowa, subject to existing easements be and the same is hereby ap- proved upon the following terms and conditions: A. That said real estate be sold to Bradley Iron Works, Inc. for expansion of its operations in Industrial Park all of which real estate contains approxi- mately 121,000 Square feet. B. That the sale price for said real estate shall be twenty cents ($.20) per square foot, and surveying of the plats shall be done at buyer's expense. C. That Bradley Iron Works, Inc. shall pay for the Southerly 200 feet of said Lot 2, Block 16. Riverfront Subdivision No. 3 and the vacated portion of Mar- shall Street abutting Lot l of Block 16 upon receipt of Quit Claim Deed therefor. That Brad- ley Iron Works, Inc. shall pay ten percent (10%) down of the cost of the northerlymost 114.23 feet with balance of said pur- chase price to be paid on or before one (1) year from date of delivery of Quit Claim Deed conveying the Southerly 200 feet of said lot and the portion of vacated Marshall Street. D. That all operations and con- struction at the site be in con- formity with the conditions Prevalent in the recommenda. tion by the MAYOR'S INDUS. TRIAL COMMITTEE, and all buildings, roads, signs, parkin! lots and storage of Inventory and equipment be in conformity with city codes and ordinances. E. That expansion of operations and improvements to the land shall be made within a reason- able period of time, and should Bradley Iron Works, Inc. elect not to use all the described land for expansion, the City of Dubuque, Iowa shall have the first right to repurchase said real estate at a price equal to the price for which said real estate may be sold by the City of Dubuque to another prospec- tive buyer. In no event shall Bradley Iron Works, Inc. be required to sell for less than its purchase price from the City plus taxes paid thereon. F. That the City of Dubuque, Iowa retains a perpetual easement for existing waterlines, existing sanitary sewer and storm sewer 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 publish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 23rd day of .June, 1969. Walter A. Pregler 1llayor Sylvester McCauley 17onald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk. Councilman Meyers moved adop• tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent --Councilman Schultz. RESOLUTION NO. 16669 BE 11' 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. Beecher Co. Inc., 2399 White Street Beecher Co. Inc., 1691 Asbury Street Robert L. Becker, 2418 Central Avenue Robert Beidler, 1122 Dodge Street Fischer Bowling Lanes Club, 880 Locust Street Harry Gantert, 1301 Rhomberg Avenue C. Maxine Hoag, 103 East 22nd Street Virginia Hos, 241 Main Street Arsenius Hanson, 107 Locust Street John Herbst, 835 Hill Street Theodore G. Kanavas, 1689 Elm Street Catherine McEvoy, 775 East 6th Street Special Session, June 23, 1969 273 The Office Grill, 7-B Suite Fischer ] Building Palmer Drug Store, 2600 Dodge St. Plaza 20 Gerald F. Miller, Jr., 2417 Rhom berg Avenue Andrew Poulos, 926 Main Street Roshek's Department Store, 700 Locust Street Stampfer's Department Store, 8th & Main Street Donald Sand, 24th & Washington Street Paul W. Schollmeyer, 176 Locust Street Francis Shannahan, 960 Dodge Street Lawrence Schwartz, 500 Rhomberg Avenue Jack Siefker, 1081 University Avenue Mrs. Helen Weiner, 709 University Avenue Dolores Weiner, 201 East 22nd Street R. Williamson, 320 Main Street Florance Deutsch, 45 West 13th Street Creslanes Bowling, Inc., 255 South Main Street Mrs, Anna K. Laury, 498 North Grandview Avenue LaVerne Hennen, Asbury & Ken- nedy Road Harry Kopple, 1098 University Avenue Elizabeth M. Krajnovich, 239 West 6th Street Jack M. Kritikos, 720 Main Street Montgomery Ward & Co., Kennedy Mall Ray McLaughlin, 2222 Central Avenue L. G. Schaffert, 1900 Washington Street Melvin A. Spiegelhalter, 1029Y: Main Street Richard N. Stecklein, 450 West Locust Street Brammers, Inc., 1306 Delhi Street Gerald Kirchberg, 3165 Central Avenue John C. Neumeister, 729 Lincoln Avenue Xavier Hospital Gift Shop, Davis and Windsor Avenue Mrs. Alice Erschen, 2617 Univer. sity Avenue John L. Savary, 827 Dodge Street Josephine Burke, 531 Main Streel Lester and Marie Eichhorn, 172: Delhi Street Louis Winkler, 698 Central Avenw Earl Schumacher, 22nd Centra Avenue ;arl Schumacher, 2850 Burlington Street I . F. Thompson, 250 West 1st Street 1. F. Thompson, 3200 Jackson Street 1. F. Thompson, 744 Main Street 1. F. Thompson, 3301 Pennsylvania Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 167-69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE, EREFORE, 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 Fraternal Order of Eagles # 568, 61h and Locust Street Navy Club Ship # 67. 342 Main Street Theodore G. Kanavas, 1689 Elm Street Elizabeth M. Krajnovich, 239 West 6th Street Melvin A. Spiegelhalter, 1029% Main Street Eileen Wunder, 1046 Central Ave. nue John L. Savary, 827 Dodge Street Donald T. Sand, 2364 Washington Street Arthur W. Pins, 2699 J. F. Kennedy Road Edward A. Bailey, 1298 Main Street 274 Special Session, June 23, 1969 Dorothy M. Olson, 1097 Jackson Street Catherine M. Meyer, 530 East 22nd Street Mrs. Helen Weiner, 709 University Avenue Leo B. Grass, 1105 University Ave- nue Thomas Andresen, 320 Main Street CLASS "C" BEER PERMIT Robert L. Becker, 2418 Central Avenue Earl Schumacher, 2850 Burlington Street J. F. Thompson, 250 West 1st Street .1. F. Thompson, 744 Main Street J. F. Thompson, 3301 Pennsylvania Avenue Passed, adopted and approved this 23rd day of June, 1.969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None, Absent—Councilman Schultz. RESOLUTION NO. 168-69 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 Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to iesue to the following named appli- cants a Beer Permit. CLASS "B" BEER PERMIT Fraternal Order of Eagles # 568, 6th and Locust Street Navy Club Ship # 67, 342 Main Street Theodore G. Kanavas, 16119 Elm Street Elizabeth M. Krainovich, 239 West 6th Street Melvin A. Spiegelhalter, 1029% Main Street Eileen Wunder, 1046 Central Ave. nue John L. Savary, 827 Dodge Street Donald T. Sand, 2364 Washington Street Arthur W. Pins, 2699 J. F. Ken. nedy Road Edward A. Bailey, 1298 Main Street Dorothy M. Olson, 1097 Jackson Street Catherine M. Meyer, 530 East 22nd Street Mrs. Helen Weiner, 709 University Avenue Leo B. Grass, 1105 University Ave nue Thomas Andresen, 320 Main Street CLASS "C" BEER PERMIT Robert L. Becker, 2418 Central Avenue Earl Schumacher, 2850 Burlington Street J. F. Thompson, 250 West 1st Street J. F. Thompson. 744 Main Street J. F. Thompson, 3301 Pennsylvania 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 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 169-69 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 Special Session, June 23, 1969 275 the compliance IOWAQUOR with the CONTROL the IOWA ACT—CHAPTER 123 --as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Edward A. Bailey, 1298 Main Street Mrs. Josephine Burke, 531 Main Street Fischer Bowling Lanes Club, 880 Locust Street Harry N. Gantert, 1301 Rhomberg Avenue Albert J. Ney, 1842 Central Ave. nue Raymond McLaughlin, 2222 Cen- tral Avenue Michael F. Pusateri, 2560 Dodge Street John L. Savary, 827 Dodge Street Paul Schollmeyer, 176 Locust Street Donald T. Sand, 2364 Washington Street Richard N. Stecklein, 450 West Lo- cust Street Eileen Wunder, 1046 Central Ave- nue Helen Weiner, 709 University Ave- nue Thomas Andresen, 320 Main Street Alice Erschen, 2617 University Avenue Passed, adopted and approved this 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Dnoald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley move adoption of the resoluflon. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley Nays—None. Absent—Councilman Schultz. 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 Edward A. Bailey, 1298 Main Street Mrs. Josephine Burke, 531 Main Street Fischer Bowling Lanes Club, 880 Locust Street Barry N. Gantert, 1301 Rhomberg Avenue Albert J. Ney, 1842 Central Ave- nue Raymond McLaughlin, 2222 Cen- tral Avenue Michael F. Pusateri, 2560 Dodge Street John L. Savary, 827 Dodge Street Paul S.hollmeyer, 176 Locust Street D(,nald T. Sand, 2364 Washington Street Richard N. Stecklein, 450 West Locust Street Eileen Wunder, 1046 Central Avenue Helen Weiner, 709 University Avenue Thomas Andresen, 320 Main Street Alice Erschen, 2617 University Avenue Pa,sed, adopted and approved this 23rd day of June, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers d Gaylord M. Couchman Councilmen RESOLUTION NO. 170.69 WHEREAS, applications for Liq uor Permits were filed by the within named applicants and the` have received the approval of this Council, and WHEREAS, the premises to bo occupied by such applicants were inspected and found to compl; Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley. Nays—None. Absent—Councilman Schultz. Mayor Pregler moved that the City Solicitor be instructed to draft a resolution to establish another liquor retail outlet in the City. 276 Special Session, June 23, 1%9 Seconded by Councilman McCauley. Carried by the following vote: Peas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent --Councilman Schultz. Mr. Robert Bachman, an attor- ney from Wisconsin, addressed the Council as a representative of Am- bulance Associates Inc. relative to operation of ambulance service by private enterprise, rather than by the City. In Menasha. Wis. they operate ambulance service twenty- four hours per day, in an area of approximately twenty miles, in which area five or six hospitals are located. Their services were made available if and when the Council might be interested. There being no further business Councilman Meyers moved to ad- journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent—Councilman Schultz. Leo F. Frommelt City Clerk. Approved December 8, 1969. Adopted December 8, 1969. City Clerk Regular Session Jule 7, 1969 277 CITY COUNCIL OFFICIAL Regular Session, July 7, 1969. Council met at 7:30 P.M. Present—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been drily made and this meeting is the REGULAR MONTHLY MEET- ING of the City Council called for the purpose of actino upon such business as may properly come before the meeting. communication of Mrs. A. E. Bourgeault of 2165 Suzanne Drive commenting on the absence of park area in and around their place of residence, presented and read. Councilman Meyers mc,% -ed that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas_Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. June 30. 1969 filed, and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman. Meyers, McCauley, Schultz. Nays—None. May 1, 1969 To the Honorable Mayor and City Council (lentlemen: In accordance with the pro- visions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted Entrance Examinations on May 14 1969 for the FIRE department. The following have passed both the written and physical examina- tions and are hereby certified for appointment to the Fire Depart- ment. Kenneth J. Link 78.396 Respectfully submitted, Louis F. Fautsch Gerard B. Noonan LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 30th day of June 1969. Eugene J. Berens Notary Public Mayor Pregler mo --ed that th communication be received and Ionorablc Mayor and Council Members :gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Multiple Residence to Bus iness District, property described as: City lots 101 through 108 and all of City lots 137 through 140. This includes property in the Block bounded by Fifth Street on the south Bluff Street on the west, Sixth Street on the north and Locust Street on the east, and is referred to as Tract "A", and the half block bounded by Locust Street on the east, Fourth Street on the south, the alley between Bluff and Locust on the west and Fifth Street on the north, and is referred to as Tract "B". Tract "A" is occupied by a fill- ing station, the Federal Bui)dinr and a rooming house. Tract "B" is occupied br a fill- ing station and repair garage and six residential structures It was the opinion of the Com- mission that this was in accord with the General Development Plan for the City of Dubuque and that it would permit a fo"ical ex- tension of commercial develop, ment in the downtown area at the present time. It is the recommendation of the Planning and Zoning Commission that this proposal be approved. Respectfully submitted. Planning and Zoning Commission Don Gilson City Planner Mayor Pregler moved that the recommendation be referred to the City Solicitor for proper proceed- ings. Seconded by an Couchman. Carried by the follow ing vote: Council Yeas --Mayor Pregler, men Couchman, Meyers, McCauley, e Schultz. !'days ---None. 278 Regular Session July 7, 1969 July 3, 1969 Honorable Mayor and City Council Gentlemen: The City Planning and Zoning Commission ha. reviewed a request to have property, located at the northwest corner of Fourteenth and White Streets, reclassified from Multiple Residence to Bus iness. Thi3 property is described as follows: The south 4, of out lot 432, the south % of the south middle 3h, of out lot 432, the north 112 of the south middle 1„ of out lot 432, and the middle % of out lot 432. This particular piece of property is located in the area which was studied as a part of the Washing- ton Street Neighborhood rezoning proposal. In the Commissions letter. dated .April 4, 1969, it was recommended that this property not be reclassified from Business to Multiple Family. Considerable study was given to this matter be- fore making the recommendation. The Commission feels that this recommendation is still pertinent to the above described property and that nothing can be added to that recommendation at this time. Respectfully submitted, Planning and Zoning Commission Don Gilson Cit;; Planner Councilman Couchman moved that the recommendation be refer- red to the Council. Seconded by Councilman 11"cCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Mayor Pregler moved that the rules be suspended in order to let anyone present address the Coun. (.-it if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Naps—None. Attorney Hal Reynolds. repre- senting Mettel Realty and Invest- ment, as owners of but Lot 432, located at 14th and White, stated that everyone else enjoyed the benefit of non -conforming use but not the Mettel property when the Washin.g'on arca nei;hhnrhand area rez,)ning took place. The Met. tel P,ealty and Investment has no nen-conforming use to protect them on this property at 14th and White. The Planning and Zoning Commission evidently could find no cause to rezone to a more re- stricted use. There is no legal way of solving the problem. This prop• erty was acquired at commercial prnperty prices. He made it clear that they do not wish to be in- volved in the overall problem of rezoning White Street and the Washington area neighborhood. Mr. Hank Waltz addressed the Council by posing the question "why was this land bought"? Pos- sibly the purchasers made a mis. take. When the property was pur- chased there were two homes on it and a burned out business. He sug- gested that the zoning be left as it is on the property until th- owners have a chance to sell it for business. If it is rezoned back to business as of now there would be no chance for Federal or State aid. 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 May 1969, presented and road. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. July 1, 1,969 To the Honorable Mayor and City Council Gentlemen: I submit to you a petition of Mrs. Robert Smith requesting a street light in an alley running from Schiller Street and between Rhomberg and Garfield. The area has been inspected and I recommend that the petition be denied following our practice of not placing street lights in alleys. In this alley there are "Ready lights" located north of Farley and south of Humboldt. These lights were installed by the power Regular Session July 7, 1969 company at the request of property holders and are paid for by the property holder. I have written petitioner, Mrs. Robert Smith, explaining MY recommendation and informing her about the "Ready Lights". Respectfully, Gilbert D. Chavenelle City Manager councilman Meyers moved that the recommendation of the City Manager be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman. Meyer.;, McCauley. Schultz. Nays—None. July 2, 1969 To 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 at 45 Shields Street. I directed the Building Depart. ment to investigate the conditions and have any defects corrected. The efforts to gain compliance and corrections have not been successful. On June 17, 1969 I received the following report from the Building Department. 279 commend that action be taken as per Ordinance No. 35-52 and a ten day notice to repair or demolish be issued to Mr. Sloan. Respectfully, Donald J. Bandy Building Commissioner After receiving this report, 1 personally inspected the premises. As a result of this inspection on July 2, 1969 I prepared the follow- ing notice: Notice June 18, 1969 To: Sloan Distributing Co. 45 Shields Street Dubuque, Iowa Jake Sloan, President Recorded owner for property known as 45 Shields Street, located on City Lot 539 A in the City of Dubuque, Dubuque County, Iowa. I have personally inspected the structure known as 45 Shields Street and located on the above described real estate in the City of Dubuque, Iowa and find the conditions as they have been re- ported to me by the Building Com- missioner as substantially correct. A copy of whose report is hereby attached and by reference made a part hereof. According to the provisions of City Ordinance No. 35 52, you are hereby given ten (10) days notice June 17, 1969 to correct the dangerous conditions as described in the attached re - Mr. Gilbert D. Chavenelle port or dismantle the rear part of City Manager this building.ilbert D. Chavenelle Dubuque, Iowa Dear Sir: City Manager For several years I have attempt- ed to have Jake Sloan repair the rear and side wall of a building known as 45 Shields Street., located on City Lot 539A, and legally re- corded owner Sloan Distributing Company. I have talked to Mr. Sloan on the Phone and received no assurance or satisfaction as to any repair. On January 22, 1969 1 sent a letter to Mr. Sloan describing the con- ditions. I received no answer. On February 8, 1969 the Linehan and Molo Company notified Mr. Sloan that they were going t0 repair the building to the soul and advised him to protect his building. They received no answer. Mr. Sloan apparently will no move by ordinary means so I re - This notice has not been com- piled 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 known as 45 Shields Street and located on City Lot 539 A in the City of Dubuque, Iowa and Sloan Distributing Company, Jake Sloan, President, 201 West 17th Street be required to correct this dangerous condition and clean up the premises. Gilbert D. Chavenelle City Manager h Councilman Couchman moved s that the recommendation and that City Manager be app at held at 1 the public hearing be e. August 4. 1969, at 7:30 P.M. in the 280 Regular Session July 7, 1969 Council Chamber at the City Ball and that the Clerk be instructed to publish proper notice. Second. ed by Councilman Meyers. Carried by the following vote: Yeas --Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. June 24, 1,969 To the Honorable Mayor and City Council Gentlemen: Attached is the 1968 Operating Statement of the Peoples Natural Gas Division. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the Statement be received and filed. Seconded by Councilman Mc. Cauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman. Meyers, McCauley, Schultz. Nays—None. June 24, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of the Grandview Park -Plaza Corporation for the purchase of city property along Rowan Street. The general proposition was recently considered as a request to vacate Rowan Street. This re- quest was denied, and it is for the same reasons that I recommend the present petition be rejected. I am enclosing copies of letters from John White and Don Gilson who have reviewed the request and state the reasons for the City re- taining ownership of the property. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council men Couchman, Meyers, McCauley, Schultz. Nays—None. Notice of Claim of James R. Staudacher, in an undetermined amount, for loss of automobile, eve glasses, and also personal injuries received as the resultof workmen felling a tree on June 25, 1969 on Loras Blvd. between Mt. Pleasant and Glen Oak, presented and read. Councilman Meyers 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Notice of claim of Sam P. Wei - pert of 2701 White Street, in the amount of $75.00 for damage in- curred to personal property as the result of a sewer back-up into his home, no partciular date given, presented and read. Councilman Meyers 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—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Notice of Claim of Mrs. Regina Susan Ahern, in an undetermined amount, for personal injuries re- ceived in a fall on a defective side- walk at 315 Bluff Street on June 9, 1969, presented and read. Coun- cilman Meyers 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 Pregler, Council- men Couchman, Meyers. McCauley, Schultz. Nays—None. ORDINANCE NO. 31.69 An Ordinance amending Ordin- ance No. 78 by repealing Section 40 thereof and enacting a new Section 40 in lieu thereof to prohibit hunting within the city limits with bow and arrow, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- Regular Session July 7, 1969 281 man Meyers. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, 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 Meyers. Carried by the following vote: Yeas—Afayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. ORDINANCE No. 3149 AN ORDINANCE AMENDING ORDI. NANCE No. 78 BY REPEALING SEC- TION 40 THEREOF AND ENACTING A NEW SECTION 40 IN LIEU THEREOF TO PROHIBIT HUNTING WITHIN THE CITY LIMITS WITH BOW AND AR- ROW. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 78 be and the same is hereby amended by repealing Section 40 thereof and en• acting a new Section 40 In lieu thereof as follows: "40. SLING SHOTS, STONES MIS• SILES AND HUNTING WITH BOW AND ARROWS. If any person, within the corporate limits of this city has in his possession or uses any sling shot of any kind, or wilfully or carelessly throws any stone, stick or other missile in such a manner as to hit, injure or endanger any per. son, or window or other property or if any person within the corporate limits of the City of Dubuque hunts with a bow and arrow, he shall be guilty of a misdemeanor." Passed, approved, and adopted this 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk. Published officially1n The Telegraph - Herald Newspaper this 10th day of July, 1959. Leo F. Frommelt It. 7/10 City Clerk. Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. ORDINANCE NO. 32-69 An ordinance amending Ordi- nance No. 56-61 known as "Building Code" of the City of Dubuque, Iowa, by repealing Subsection 5 of Section 503 thereof and enacting a new Sub- section 5 of Section 503 thereof providing for restrictions on height of residence buildings of semi-fireresistive construction and ordinary construction and noncombustible construction and further providing that wood frame construction and unpro- tected metal construction shall not exceed three stories in height, 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 Pregler, Council- men Couchman, Meyers, McCauley, 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 Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. ORDINANCE No. 3249 AN ORDINANCE AMENDING ORDI- NANCE No. 58.61 KNOWN AS "BUILD- ING CODE" OF THE CITY OF DU- BUQUE, IOWA, BY REPEALING SUB. SECTION 5 OF SECTION 50.1 THEREOF AND ENACTING A NEW SUBSECTION 5 OF SECTION 503 THEREOF PROVID- ING FOR RESTRICTIONS ON HEIGHT OF RESIDENCE BUILDINGS OF SEMI - STORIES IN HEIGHT. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 56.61 known as "Building Code" of the City of Dubuque, Iowa be and the same is hereby amended by repeating Subsec• tion 5 of Section 503 thereof and en. acting a new Subsectlon 5 of Section 503 In lieu thereof as follows, to -wit: 115. Residence Buildings. For residence buildings, semi-fireresis- tive construction shall not exceed 75 feet: ordinary construction shall not ex. ceed 3 stories or 45 feet. All buildings in this class, three stories in height, shall have the floor over the cellar or basement of two hour fire resistance. No wooden multiple dwellings shall hereafter be erected exceeding three 282 Regular Session July 7, 1969 3) stories in height fight and no wooden building not now used as a multiplo dwelling shall hereafter beitered Into a multiple dwelling exceeding stories In height." Passed, approvedandadopted this 7th day of July, Walter A. Pregler Mayor Sylvester McCr:u:ey Merlin F. Schultz Donald R. Meyers GaylordM. unlman Councilmen ATTEST: Leo F. Frommelt City Clerk. Published officially in the Telegraph - Herald Ne%%spaper this 10th day of July. 1969. Leo F. Frommelt City Clerk. It. 7/10 Councilman Couchman moved fi- nal adoption of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Wm. J. Ohnesorge et al (10 signers) praying for ac- tion to stop the erosion of their property along Gillespie and W. 32nd streets, due to heavy rains, presented and read. Mayor Preg- ler moved that the petition be referred to the Engineering De- partment for investigation and re- port. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Mr. Ohnesorge addressed the Council also Mr. Don Rietjens who claimed that at one time you could step across the drainage ditch but now it is from fifteen to twenty feet wide. Most of the erosion is caused by the City holding back the nater in the 32nd street basin, which causes the banks along the ditch to become water logged and when the water recedes the banks cave in. It was suggested that any kind of rock to be furnished by the City would be welcome. Petition of Peoples Natural Gas requesting permission to excavate , 429-31 Loras Blvd., presented and read. Mayor Pregler moved that the petition be approved sub. ject to approval of the Engineer. ing Department. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, S: hultz. Nays --None. Petition of Charles H. Cadigan requesting vacation of Lot 6-A and conveyance of interest, said lot being an alley abutting Lots 4, 5, and 6 of 0. L. 724, in an area off Cardiff Street & W. 3rd, present. ed and read. Councilman Meyers mored that the petition be refer- red to the City Manager and Staff. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Leonard C. Nebel requesting permission to excavate at 521 E. 22nd Street to replace a broken water line, presented and read. Mayor Pregler moved that the petition be granted. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Colt 45 Drum & Bu- gle Corps requesting permission to set off aerial bombs both at the start of a parade at 1:30 I'.M. tat Jackson Park) and also at 6:45 P.M. at Senior High Field on Sat- urday, August 30, 1969. Council- man Couchman moved that the petition be granted subject to ap- proval of the City Manager. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at two locations on Clarke Drive, near Paul Street, presented and read. Councilman Schultz moved that the petition be granted sub- ject to approval of the Engineer- ing Department. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Regular Session July 7, 1969 Petition of Westchester Inc., Woodland Arms Inc., Asbury Souare Inc., requesting permission to excavate in Woodland Drive and Key Way Drive and also Del- monico Drive to install catch ba- sins to relieve a water drainave problem, presented and read. Councilman Meyers moved that the petition be granted subject to approval of the Engineering De- partment. Seconded by Council- man Coucliman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz, Nays.—None. Petition of Dubuque Jaycees Beer Tent requesting a refund of $150. on the unexpired portion of Beer License No. 52, as they have discontinued business on June 14, 1969, presented and read. Coun- cilman Schultz moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Bernard Skahill re- questing a refund of $200. on Beer Permit No. 51, said license was never used, presented and read. Councilman Schultz moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Bernard Skahill re. questing a refund of $100. on cig- arette license No. 23, said license was never used, presented and read. Councilman Schultz moved that the refund he granted and the Auditor instructed to issue Proper warrant. Seconded by May- or Pregler. Carried by the fol. lowing vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Robert ,1. Bowen re. 2113 questing a refund of $50. on the unexpired portion of Class B Beer Permit No. 95, as he has discon- tinued business on June 28, 1969, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. See. onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of June Noel request- ing a refund of $100. on the unex- pired portion of Class B Beer Per- mit No. 6, as she has discontinued husiness on June 28, 1969, present- ed and read. Councilman Schultz moved that the refund be. granted and the Auditor instructed to is- sue proper warrant. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. .lune 26, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a final plat of Lot 25. Block 4. Sunset Park Subdivision in the City of Dubuque. The land included in this plat is classified ?Multiple Residence on the Zoning Map and is proposed to be developed for an apartment complex. The developer has propos. ed that Owen Court right-of-way be forty four feet rather than the standard fifty feet. It was the opin. ion of the Commission that since the street is relatively short and is planned to serve a single devel opment and because the Zoning Ordinance requires, in such a de- velopment, that off-street parking be provided, that this right-of-way would be adequate. The Commis- sion was informed that the Engi- neering Department considered this right-of-way adequate for the roadway surface and public util- ities. It is the recommendation of the Planning and Zoning Commission 284 Regular Session July 7, 1969 that this plat be approved. Respectfully submitted. PLANNING AND ZONING COMMISSION Don Gilson, City Planner Mayor Pregler moved that the recommendation of the Commis- sion be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays --None. RESOLUTION NO. 171.69 RESOLUTION APPROVING THE PLAT OF STREET DEDICA- TION IN LOT 25 BLOCK 4 IN SUNSET PARK SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a plat of Lot 25, Block 4 Sunset Park Subdivi- sion, dedicatinn a public street in the City of Dubuque, Imva, by Schiltz Development Corporation as Owner, thereof; and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and approved by said body; and Whereas upon said plat appears a street to be known as Owen Court. and also easements for pub- lic utilities which the Owner upon said plat has dedicated to the public forever; and Whereas said plat has been found by the City Council to con. form to the Statutes and Ordinan- ces relating thereto; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Owen Court, together with the easements for public utilities all as same appears upon said plat; be and the same are hereby accepted and that said street be and is hereby established as a public street in the City of Dubuque: Section 2. That the plat of street dedication in Lot 25, Block 4 Sun- set Park Subdivision in the City of Dubuque, Iowa is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat provided the Owner, of said prop. erly, hereinbefore named, execute written acceptance hereto attach. ed, agreeing: a. To reduce Owen Court to grade as shown by the profiles submit. ted with the plat. b. To surface Owen Court for a width of 30 feet with 6" Portland Cement Concrete. All the fore- going shall be constructed ac. cording to the latest City of Du. buque specifications. c. To install sidewalks on both sides of Owen Court in accord- ance with the City of Dubuque Standard Specifications for Per- manent Sidewalks. d. To install water mains in ao cordance with plans submitted with this plat. e. To install sanitary sewers in ac. cordance with plans submitted with this plat. f. To install the sanitary sewer and water house laterals for each building behind the property line. g. To construct the foregoing im- provements in accordance with plans and specifications approv- ed by the City Manager and un- der the inspection of the City Engineer. h. To maintain all street improve- ments and sewer and water mains for a period of four (4) years from the date of its accept- ance. L To construct said improvements prior to November 30, 1970. j. To provide the foregoing con- struction and maintenance at the expense of the Owner. and further provided that the Schiltz Development Corporation as Owners of said Subdivision se- cure the performance of the fore- going conditions 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 accept- ance and provide security provided for in Section 2 hereof within for- ty-five (45) days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication Regular Session July 7, 1969 285 and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 7th day of July. A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk To Leo F. Frommelt, City Clerk: the public purpose of implement- ing and facilitating the Down- town 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 Property Description Dunwreth Perkins Williams and Thelma Perkins Deed dated June 6, 1969. Recorded in Book 199, Page 353: The North one-third of Lot 67 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubu- que, Iowa (Parcel 15.8) Section 2. That the recording of the respective deeds of conveyance of title in the office of the Record. er in and for the 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 Reso- lution in the Office of the Record- er in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman This is to certify that the secur- ity required for the foregoing Reso- lution 171-69 has been provided by the Owner. Dubuque, Iowa July 10, 1969. Gilbert D. Chavenelle. City Manager ACCEPTANCE OF RESOLUTION NO. 171.69 Schiltz Development Corporation having read the terms and condi- tions of the foregoing, Resolution 171-69 and being familiar with the contents thereof, hereby ac- cepts the same and agrees to per- form the conditions therein requir- ed. SCHILTZ DEVELOPMENT CORPORATION J. G. Schiltz, President L. J. Schiltz, Secretary Date: July 10, 1969. Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Prerler. Carried by the following vote: Yeas --Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 172-69 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 Ameriez entered into a Loan and Capita Grant Contract for the undertaking Of the Downtown Urban Renewa Project, Iowa R 15; and WHEREAS, the City of Dubuque pursuant to authorization ani direction of said Loan and Capita Grant Contract, has acquired fo Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays --Councilman Schultz. RESOLUTION NO. 173.69 WHEREAS, the geographical limits and boundaries of the City of Dubuque have been expanded and enlarged thereby creating a inarked development of residential areas, shopping areas and business areas along the westerly boundary of the City of Dubuque. Iowa, and 286 Regular Session July 7, 1969 WHEREAS, the City of Dubuque, Iowa has onl-v one retail State liquor outlet in the City, same be- ing located on Central Avenue in the City of Dubuque, Iowa, and WHEREAS, it would appear in the interests of conveinence that another retail State liquor outlet should be located in the general area of the population, shopping and business growth in the wester- ly 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 Iowa Liquor Commission be and it hereby re- quested to locate a second retail State Liquor outlet in the City of Dubuque, Iowa, preferably in the area of the westerly part of the City which is presently under de- velopment for residential, shop- ping and commercial purposes in order to better serve the conven- ience of the populace of this com- munity. Passed, approved and adopted this 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. July 3, 1969 Honorable Mayor and Members of the City Council Test Well No. I—Pump Installation Gentlemen: I wish to submit for your approv- al, the Preliminary Estimates, Plans and Specifications, Resolu- tion of Necessity, for your adop- tion. Also the ordering of Construc- tion, fixing the date of hearing, A resolution of necessity and notice to contractors for the receipt of bids. Yours very truly, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 174.69 Preliminary Estimate and ap- proval of plans, specifications, form of contract and all other documents for the construction of Test Well No. 1, Pump Installa- tion, at an estimated cost of $10,- 350.00, presented and read. Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 17569 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 in- stallation Test Well No. I Pump Installation 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 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 seemed to have waived all objections there- to. 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 Regular Session July 7. 1969 28 ---------------- have been approved by. the City Council and are now on file with the City Clerk. That the cost improve- ment of making c aid ment will be paid from the Water Works General Fund The above resolution was intro- duced. approved. and ordered plac- ed on file with the City Clerk this 7th day of July, 1969. Approved and placed on file for final action. annroved: Walter A. rreg'1:3 Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord 'tf. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, 3leyers, McCauley, Schultz. Nays — None. (Ordering Construction) RESOLUTION NO. 176-69 BE 1T RESOLVED BY THE CITY COUNUCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Necessity No. 174-69 which was duly passed by this Council fur the installation of Test Well No. I—Pump installation be and the same are hereby ordered and constructed by this Council up- on its own motion and with or with- out the petition of property owu ers. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVEI that the cost and expense of th4 said improvement be paid from till Water Works General Fund BE IT FURTHER RESOLVE] that the City Clerk be and he i hereby ordered and directed to a< vertise for proposals for the col struction of the various improv, ments herein provided for in tl manner provided by law. BE IT FURTHER RFSOLVED tat this resolution being deemed rgent and of IIIMEDLATE NECES ITY shall be in force and effect ,-om and after its passage and doption by the City Council. Passed, adopted and approved his 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas — Mayor Pregler. Council- men Couchman. Meyers. McCauley. Schultz. lays -- None. (Fixing Date of Hearing) RESOLUTION NO. 17769 WHEREAS, the Cite 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 installation of Test Well No. I— Pump Installation. BE IT THEREFORE RESOLVED that on the 4th day of August. 19(i9 a public hearing will be held at 7:30 P.M. in the Council Cham - be r of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the propos- ed plans and specifications and proposed L)rm of contract. to the cost of the improvement 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 which shall be not less than ten (10) days prior to the day fixed S for its consideration, and said Clerk is further instructed to ad- I- vertise for proposals for the con- e struction of the aforementioned improvement. 288 Regular Session July 7, 1969 Passed, adopted and approved this 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 178-69 BE rr 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. Ace Muffler Service, 1285 Dodge Street Cruso A. Alba, 2601 Jackson Street Mrs. Marian J. Bridge, 2038 Central Avenue Clyde L. Bradley, 3275 Central Av- enue Jeannette Brenner, 521 East 22nd Street Dubuque Marina, Inc., New City Harbor Melville E. Donovan, 1876 Central Avenue William F. Dunne, 54 Locust Street Duane D. Deutmeyer, 1450 Loras Blvd. Eagles Club, 6th & Locust Street Eugene C. Evarts, 2678 Central Av- enue Victoria Ellis, 120 West 4th Street Leona R. Friedman, 620 East 16th Street Milton F. Fink, 3165 Central Av- enue Robert A. Freund, 805 West 5th Street Raphael W. Grant, 3050 Asbury Street Charles Golinvaux, 2323 Central Avenue Ben W. Greenwood, 897 Central Avenue Marco Giunta, 2022 Central Avenue William F. Hancock, 2205 Carter Road John F. Hall, 2616 Windsor Avenue Myril Healy, 205 Locust Street Iowa Commission for the Blind, Post Office Building Kissell Grocery, 611 University Av. enue Robert J. Kehl, 62 Locust Street Walter J. Kunnert, 4th & Locust Phillip Langas, 1105 Loras Blvd. Loras College, 1450 Alta Vista Jeanann Majerus, 253 Main Street Northern Drug Company, 651 Main Street Osco Drugs, Inc., 703 Main Street Harold Peterman, 2119 Rhomberg Avenue Arthur Pins, 2699 J. F. Kennedy Road Mrs. Doris Riekena, 301 Main Street Thomas J. Remy, 3355 Pennsylvan- ia Avenue Ioannis Sarris, 2600 Dodge Plaza 20 Shike Richardson, Inc., Kennedy Road Mrs. George Scherer, 1187 Iowa Street Judith A. Schiel, 2199 University Avenue Trausch Bakery, 25 South Main Street Donald E. Wertz, 1545 S. Grand- view Avenue Louis J. Winkler, 625 Central Av- enue Chuck N. Wong, 378 Main Street Eileen Wunder, 1046 Central Av. enue Harold B. Welter, 534 Rhomberg Avenue Herbert. Bisping, 1401 Elm Street Ralph Baumhover, 801 Rhomberg Avenue Maryel M. Birkett, 1064 University Avenue Carl Herburger, 2987 Jackson Street Richard Hantelmann, 902 Main Street Lois M. Morarend, 700 East 16th Street Max Rettenberger, 90 South Locust Street W. J. White, 1993 Asbury Street Beatrice Winkler, 1400 Central Av- enue BE IT FURTHER RESOLVED that the bunds filed with the appli- cation be approved. Regular Session July 7, 1969 289 passed, adopted and approved this 7th day of July, 1969' Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Clerk Frommelt City Councilman Meyers moved adop- tion of the resolution. Seconded dby Carried Councilman Schultz following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 179-69 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 Mrs. Catherine Lester, 1322 Cen- tral Avenue CLASS "C" BEER PERMIT Eugene Evarts, 2678 Central Ave. nue Fred Weiner, 1101 White Street Passed, adopted and approved this 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adol tion of the resolution. Seconde by Mayor Pregler. Carried by th following vote: Yeas—Mayor Pregler, Counci men Couchman, Meyers, McCaule Schultz. Nays—None. RESOLUTION NO. 180.69 WHEREAS, applications for Beer ermits were filed by the within amed applicants and they have eceived the approkal of this Coun- il, and WHEREAS, the premises to be ccupied by such applicants were nspected and found to comply with he ordinances of this City and ,hey have filed proper bonds; NOW THEREFORE, BE IT RE- 50LVED by the City Council of the City of Uubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Mrs. Catherine Lester, 1322 Cen- tral Avenue CLASS "C" BEER PERMIT Eugene Evarts, 2678 Central Ave- nue Fred Weiner, 1105 White 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 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz I Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- man Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 18169 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 290 Regidar Session July- 7, 1969 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 Creslanes Bowling, Inc., 255 South Main Street Elizabeth Mae Krajnovich, 239 West. 6th Street Marcella McCarty, 2093 Washing- ton Street Russell E. Myers, 1618 Central Ave- nue Kenneth Jerome Love, 802 Central Avenue Passed, adopted and approved this 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 182.69 WHEREAS, applications f o r Liquor Permits were filed by thy 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 I.aw 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 Manac,er be authorized to cause to be is.ued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Creslanes Bowling, Inc., 255 South Main Street Elizabeth Mae Krajnovich, 239 West 6th Street Marcella McCarty, 2033 Washing• ton Street Russell E. Myers, 1618 Central Ave. nue Kenneth Jerome Love, 802 Central Avenue Passed, adopted and approved this 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Al. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. Mr. Michael Remakel of 1380 Reeder Street addressed the Coun- cil relative to the washout of the alley to the rear of Del Farm Stores, off Dodge street. The park- ing lot is disappearing. The alley has washed away up to four to five feet. He suggested that the prop- erty owner be required to con- struct a retaining wall. Michael McDevitt and Carl Mc- Carthy, residents on Keymeer Drive complained about the sew- age backup in their basements. They claimed that the creek comes up to the rear of their properties and puts sewage in the basement of their homes. They were advised that everything possible is being done from the City's standpoint to relieve and eventually remedy the situation. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Couch- Regular Session July i. 1969 291 man. Carried by the following vote: Yeas --Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved December 8 1969 Addopted December 8 1969 292 Special Session July 21, 1969 CITY COUNCIL ended December 31, 1968 prepared by the firm, O'Connor, Brooks, I Ahrendt R Brooks, Certified Public Accountants. OFFICIAL Special Session, July 21, 1969. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Coun• cilmen Couchman, Meyers, Schultz. City Manager Gilbert D. Chave- nelle. Absent—Councilman McCauley (out of city) Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for th^ purpose of author- izing the execution of a contract with Barton-Aschman Associates, Inc., for final design and prepara- tion of construction plans, specifi- cations, and contract documents for the Main Street Pedestrianway, Downtown Urban Renewal Project Iowa R-15, and acting upon such other business as may properly come before a regular meeting of the City Council. July 14, 1969 To the Honorable Mayor and City Council Gentlemen: I submit to you the petition of Stanley Hahn for a permit without fee, to sell potatoes within the corporate limits. In the past this permit has been granted because of Mr. Hahn's service connected disability. I recommend that it be renewed un- der Section 16. Ordinance 5455 for the period ending December 31, 1969. Respectfully submitted Gilbert D. Chavenelle City Manager Councilman Meyers moved that the recommendation of the Man. ager be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, Schultz. Nays --None. Absent—Councilman McCauley. July 9, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the audit of the City of Dubuque for the year Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the audit report be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council. man Couchman, Meyers, Schultz, Nays—None. Absent --Councilman McCauley. July 17, 1969 The Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and policy and desire to have your approval on same. COMPREHENSIVE LIABILITY Tien Schromen, Bituminous Casu- alty Corporation SIDEWALK James G. Becker, Western Surety Co. Earl Dennis Driscoll, Merchants Mutual Bonding Co. Merlin Goerdt, d/b/a Goerdt Ex- cavating. Merchants M u t u a l Bonding Co. Tri-State Paving Co., Hawkeye- Security Insurance Co. Cletus Palm, Merchants Mutual Bonding Co. Vern J. Simon, Western Surety Company Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the policy and bonds be filed subject to approval of the City Solicitor. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. July 15, 1969 Mayor and City Council Gentlemen: On June 4, 1969, Thomas L. Rich mond of 1895 Floraview Drive, Du- Special Session July 21, 1969 293 buque, Iowa filed claim against the City of Dubuque in the amount of $5.00. I have examined the claim and have conferred with Mr. Richmond and have made three visits to the actual site to determine the place where said incident allegedly occurred. I am of the opinion that said condition occurred on the high- way right-of-way and said claim should be asserted against the Iowa Highway Commission. Original claim is returned here. with. Respectfully submitted R. N. Russo City Attorney Mayor Pregler moved approval of the City Attorney's recommend ation. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley Communication of Caroline T. Menke conveying appreciation of token allowance in settlement of her personal injury claim in the amount of $500. but she now feels the settlement should have been for $1000, due to additional pain and suffering, presented and read. Mayor Pregler moved that the communication be received and filed upon advice of the City At- torney. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays --None. Absent—Councilman McCauley. July 21, 1.969 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 examine. tions for the position of Water Plant Operator, on July 15, 1969. The following named person passed the written examination out of a list of nine candidates, with an average of 705 or better. Molid, Robert J., 725, Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 21st day of .July 1969. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas --Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. July 18, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the Code of Iowa 1966, the Civil Service Commission conducted promotion- al examinations on July 2, 1969 and July 15, 1969, for members of the FIRE DEPARTMENT interested in promotion to Captain. Lieutenant and Fire Marshall. The following named persons passed the exams with an aver- age of 7V', or better, and all pro- motions on the Fire Department should be made from this list. CAPTAINS None LIEUTENANTS Ruden, Richard W. 72.8% MARSHALL None Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Attest: I.eo F. Frommelt Clerk Subscribed and sworn to before me this 18th day of July 1969. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received and 291 Special Session July 21, 1969 made a matter of record. Seconded by Councilman Schultz. Carried by the following Note: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent --Councilman McCauley. July 21, 1969 To the Honorable Mayor and Members of the City Council Re: In -Grade Promotional Exams — Police Con- ducted July 15, 1969. Gentlemen: In accordance with the pro- visions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted examina. tions for Master Patrolman, for the. Police Department. 'rhe Promo- tional examinations is officially entitled Police In -Grade Promo- tional. The following have passed the written examinations with an ay. erage of 704' or better. FIRST TEN WITH HIGHEST STANDING Mauss, John J., 872% Zimmerman, Paul J. 82.4% Gibson, William J. 80 % Oswald, Cyril W. 79.2% Hynes, James C. 78.4% Lambert, Terrance F. 78.4%n Stevens, John D. 77.6% Koerperich, Ronald L. T. 77.617 Miller, James W. 76.8% **Lehman, Eugene J. 75.2% RESERVE LIST "'Sjobakken, Gerald M. 75.2% Hirsch, Gerald L. 7:3.6% Lindauer, Edwin L. 73.6% Palen, Louis C. 71.2% Cigrand, Ralph R. 70.4% Golinvaux, Cletus .1 70,4% "Note tie score. Louis F. Faut, ch Chairman Gerard B. Noonan Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 21st day of July 1969. Eugene J. Berens Notary Public Councilman Mayers moved that the communication be received and made a matter of record. Second- ed by Councilman Schultz. Carried by the following vote: Yeas:—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays None. Absent—Councilman McCauley. Petition of United Fund of Du. buque Inc. requesting $5000. sup. port for the Planning function of the United Fund for 1970, present. ed and read. Councilman Couchman moved that the petition be referred to the City Manager. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yea=—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Petition of A. J. Rooney of the United Transportation Union again requesting cutting of weeds and brush along the Milwaukee tracks with a supporting communication expressing thanks for the effort extended thus far, presented and read. Councilman Schultz moved that the communications be re- ceived and filed. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Peoples Natural Gas requesting permission to excavate at 303 Clarke Drive to repair a leaking service line, presented and read. Mayor Pregler moved that the petition be granted. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Conlon Construction Co. requesting permission to ex- cavate in the alley to the rear of the American Trust & Savings bank building between 8th and 9th streets, presented and read. Councilman Meyers moved that the petition be approved subject to ap- proval of the Engineering depart- ment. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas --Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent --Councilman McCauley. Special Session July 21, 1969 295 Petition of Amvets Auxiliary Post No. 3 requesting permission to conduct a White Clover Sale on August 8th and 9th, 1969, presented and read. petition be approved and Mao ved that the referred to the City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Petition of John Cavanaugh re- questing a refund of $125. on the unexpired portion of Class C Liquor License No. C-3458, pre- sented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler: Council men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Extract From the Minutes of a Special Meeting of the City Council of the City of Du- buque, Iowa, held on July 21, 1969 The following Resolution was in- troduced by Councilman Couch- man, read in full and considered; seconded by Mayor Pregler. On roll call the vote was: Yeai— Mayor Pregler, Councilmen Couch- man, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. ance of a Grant Offer from the Federal Aviation Administration, acting for the United States of America, to the City of Dubuque, and that such Grant Offer shall be set forth hereinbelow under Section 4. Section 2. The City of Dubuque, Iowa, does hereby ratify and adopt all statements, representations, warranties, convenants, and agree- ments contained in the Project Ap- plication and in the nondiscrimi- nation assurances incorporated in the said Grant Offer. S*ction 9. That the Airport Com- mission of the City of Dubuque, acting through its officer or offi- cers designated by it to so act, is hereby authorized and directed to execute the acceptance of said Grant Offer on behalf of the City of Dubuque, Iowa. Section 4. That the Grant Offer referred to hereinabove shall be as follows: RESOLUTION NO. 183-69 Rezolution adopting and approv. Ing the execution of an first amendment to grant agreement from the area manager, Kansas City area of the Federal Avia- tion Administration for the United States of America to the City of Dubuque, Iowa, for the purpose of increasing the grant amount to cover increased proj- ect costs, under Project No. 9-13- 020-C710. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the city of Du- buque, Iowa, shall for the purpose of obtaining federal aid in the de- velopment of the Dubuque Muni- cipal Airport, enter into a Grant Agreement with the United States of America by executing an accept- FIRST AMENDMENT TO GRANT AGREEMENT Dubuque Municipal Airport Dubuque, Iowa Project No. 9-13-020-C710 Contract No. FA-67-CE4808 WHEREAS, the Federal Avia. tion Administration (hereinafter referred to as the "FAA"), has de. termined that, in the interest of the United States, the Grant Agree- ment relating to the above -num- bered project between the Feder- al Aviation Agency (predecessor in authority and responsibility to the said Federal Aviation Administra- tion), acting for and on behalf of the United States, and the City of Dubuque, Iowa, (hereinafter re- ferred to as the "Sponsor"), Ac- cepted by the Sponsor on 28 June 1967, should be amended as here. inafter provided, and WHEREAS, it has been deter- mined necessary to increase the maximum obligation of the United states payable under this project from $201,215.00 to $202,459.80 to cover costs which were higher than originally estimated. NOW, THEREFORE, WITNESS- ETH: That in consideration of the benefits to accrue to the parties hereto, the FAA, on the one part, and the Sponsor, on the oth r Part. agree hereby mutually go 296 Special Session July 21, 1969 said Grant Agreement be and hereby is amended by deletion of the amount. $201,215.00, as it ap- pears in Paragraph 1, Page 2 of the Grant Agreement, and substitution in lieu thereof the amount of $202,459.80. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment. to Grant Agree- ment to be executed. United States of America Federal Aviation Administration By: John E. Shaw Acting Area Manager, Kansas City Area (SEAL) Dated at Dubuque, Iowa this 21st day of July, 1969. By: Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Communication of Dubuque Mu- nicipal Airport stating that it is recommended by F.A.A. to strengthen runway 13-31 with a 3 inch layer of asphalt at an esti- mated cost of $200,000;$100,000 to be borne by F.A.A. and $100,000 matching fund by the City, with work commencing in 1969, pre- sented and read. Mayor Pregler moved that the communication be referred to the Council and in- structed the Clerk to contact the Chairman of the Airport Commis- sion and that they be requested to address the Council after they have contacted the Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent --Councilman McCauley. RESOLUTION NO. 184.69 Authorizing the execution of a contract with Barton-Aschman Associates, Inc. for final design and preparation of construction plans, specfiications, and contract documents for the Main Street Pedestrianway, Downtown Urban Renewal Project, IOWA R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of A;nerica 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 May 6, 1968, Barton-Aschman Associ- ates, Inc. were retained to provide A. Survey and Preparation of Base Map Material and B. Preliminary Construction Design and Cost Estimates for the Downtown Urban Renewal Project Main Street Pe- destrianway; and WHEREAS, such services have been completed and the City of Dubuque desires to continue the services of Barton-Aschman Asso- ciates, Inc. to implement the Main Street Pedestrianway; now there- fore 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 author- ized and directed to enter into a contract with Barton-Aschman As- sociates, Inc. for the following services in connection with the Main Street Pedestrianway for the Downtown Urban Renewal Project, Iowa R-15 at a total cost not to exceed $118,500. A. Final Design and Prepara- tion of Construction Plans, Specifications, and Contract Documents. B. Additional Services on an "as directed basis". 1. Rehabilitation and aband- onment designs of sub- spaces located in public rights-of-way. 2. Development of promo- tional materials and spe- cial presentations. 3. Review of and develop- ment of recommendations on redevelopment pro- posals involving the Main Street Pedestrian way and/or its linkages. 4. Locating and tagging ap- propriate materials and other special features, prior to beginning of or in connection with con- struction phase services. Special Session July 21, 1969 297 passed, d, approved a19 19a9adopted this 21st day of July Pregler Walter A. Mayor Donald R. Meyers Gaylord Councilmen Couchman Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: council- men Pregler, men Couchman, Meyers. Nays—Councilman Schultz. Absent—Councilman McCauley - RESOLUTION NO. 185-69 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 in- terest that the property herein• after 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 13Y THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA Section 1. That the following de- scribed real estate owned by th persons indicated, be and the same should be acquired to implemen the Urban Renewal Plan for th Downtown Urban Renewal Project Iowa R-15. Owner Property Descriptio Violet Butt Wells, The Easterl (sometimes called East) On Half (112) of. Lot 254 in the Cit of Dubuque, Iowa„ according t the United States Commissio ers' Map of the Town of D buque, Iowa (Parcel 1.6) Adams Realty Corporation, T rly 34 feet of Lot 3'2 the Town (now City) of Du- buque, Iowa, according to the United States Commissioners' Plat of the Town of Dubuque, Iowa. (Parcel 2-2) George R. Burden and Richard Bernard Wathen, Trustees; Rob- ert B. Lange, The First Na- tional Bank, and an unnamed trustee, Trustees; George Rider Burden, The Middle one-third (1/3) of Lot 31 in the Town (now City) of Dubuque, Iowa accord- ing to the United States Com- missioners' Map of. the Survey of Dubuque, Iowa. (Parcel 2-5) Susan Eisbach, Northerly One- half (%) of Lot 251 in the Town (now City) of Dubuque, Iowa, according to the United States Commissioners' Map of the sur- vey of the Town of Dubuque. (Parcel 4-12) John Glynn, Lots 246 and 247 in the Town (now City) of Du- buque, Iowa, according to the United Statcs Commissioners' ,N1ap of the Survey of said Town of Dubuque, Iowa. (Parcel 7-8) Hichard J. Cross and Arthur D. Cross, Lut 2 of the Subdivision of the Northerly one -Half of City Lot 22 in the City of Dubuque, Iowa, according to the Plat thereof in Book of Plats No. 21, Page 209, in records of Dubuque County, Iowa. (Parcel 8-5) Ann Ryan North, Richard J. Cross and Arthur D. Cross, The South- erly One-half of City Lot 22, in the City of Dubuque, Iowa ac. cording to the Plat thereof, in Book of Plats No. 21, Page 209, records of Dubuque County, Iowa. (Parcel 8.6) Dorothy Bray, The North 20 feet of Lot 21 in the Town (now City) of Dubuque, Iowa, accord- ing to the United States Com- missioners' flat of the Town of t Dubuque, Iowa. (Parcel 8-7) e John A. Nagle, the South 44 feet , of Lot 21 in the Town, now City, of Dubuque, Iowa according to n the United States Commission - y ers' Plat of said Town of Du- e- buque. (Parcel 8-8) y Dubuque Theater Corporation, The o Southerly 63 feet 7 inches of n Lot 28 in the City of Dubuque, I- Iowa, according to the United States Commissioners' Map of Th the Town (now City) of Du - 1n buque, Iowa. (pal -eel 15-5) 298 Special Session July 21, 1969 Section 2. That the Director of the Department of Urban Renewal for the City of Dubuue, 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 21st day of July, 1969. Walter A. Pregler Mayor Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers. Nays — Councilman Schultz. Absent — Councilman McCauley. RESOLUTUION NO. 186.69 Amending the Fixed Relocation Payments Schedule for the Downtown Urban Renewal Pro• lect, Iowa R•15 WHEREAS, under date of July 26, 1967, the City of Dubuque. Iowa, and the United States of America entered into a Loan and Capital Grant Contract for the un. dertaking of the Downtown Urban Renewal Project, Iowa, R-15; and WHEREAS, under date of May 18, 1967, the City Council of the City of Dubuque, Iowa, adopted Resolution No. 124-67 which set forth the conditions under which relocation payments will be made for the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, due to passage of time and the increase in moving costs, the Fixed Relocation Pay- ments Schedule approved by Reso. lution 124.67 is obsolete and does not adequately represent present moving costs; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section 1. That the Schedule of Fixed Relocation Payments Sched. ule dated July 15, 1969 attached hereto is hereby in all respects approved. Section 2. That the Director of Urban Renewal be and he is here- by authorized and directed to sub- mit such Schedule of Fixed Relo• cation Payments to the Depart. ment of Housing and Urban Devel. opment for their approval, and to provide such additional informa. tion and to furnish such docu ments as may be required to sup• port said schedule. Passed, approved and adopted this 21st day of July, 1969. Walter A. Pregler Mayor 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 Pregler, Council- men Couchman, Meyers. Nays — Councilman Schultz. Absent — Councilman McCauley. CITY OF DUBUQUE, IOWA IOWA R-15 SCHEDULE OF FIXED RELOCATION PAYMENT July 15, 196u For Families or Individuals W1*" Furniture One Room $ 36.01) Two Rooms 54.00 Three Rooms 72.00 Four Rooms 90.00 Five Rooms 108.00 Six Rooms 126.00 For Families Without Furni- ture 10.00 For Individuals Without Furniture 5.00 Computation Based on Moving Company Estimates Travel Time From Office to Residence 20 minutes Time Per Room (Loading & Unloading) 60 minutes Travel Time from Resi- dence to Residence 20 minutes Travel Time from Resi- dence to Office 20 minutes TOTAL 2 hours Special Session July 21, 1969 299 Rate Per Hour—Two Men and Van $18.00 Fixed Pavment F1800 n$3B oom- 2 hours x $ – Add $18-00Per Room For More Than One Room Note: Total of Five Local Residen- tial Movers Available Three Movers- 20:00 per hour hour Two Movers Travel Time Based on Experience with 67 Residential Moves. Proof of Publication, certified to by the Publisher, of invitation for bids for demolition of buildings for the Downtown Urban Renewal Project Iowa R-15 consisting of ap- proximately 24 major buildings and other improvements, 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 receiveMayd and filed. Seconded by Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers. Nays — Councilman Schultz. Absent — Councilman McCauley. RESOLUTION NO. 187.69 Preliminary Estimate and ap. proval of plans, specifications, form of contract, plat and all oth- er documents for the construc- tion of 1969 Concrete Paving Pro- ject with Integral Curb No. 1, in an estimated amount of $147,183.- 14, for the improving of Fifth street from the west curb line of Central Avenue to the east cur line of Locust Street, and Ninth Street from the west curb line o Bluff Street westerly throuFh a❑ including the intersection of Hil Street, University Avenue an Eighth Street, presented and read Mayor Pregler moved adoptio of the resolution. Seconded b Councilman Couchman. Carried b the following vote: Yeas — Mayor Pregler, Counci men Couchman, Meyers. Nays — Councilman Schultz. Absent — Councilman McCaulc been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the fol- lowing: 1. An estimate of the cost of the proposed improvement for the 1969 Concrete Paving Project with Integral Curb No. I. 1. Fifth Street—from the approxi- mate west curb -line of Central Avenue to the ap- proximate east curb -line of Locust Street. 2. Ninth Street—from the approxi- mate west curb -Line of B l u f f Street westerly through and including the complete intersection of Hill Street, University Avenue and Eighth 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 welfare to make the hereinmentioned 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 improvement, they shall be seemed to have waived all objections thereto. Said improvement shall be con- structed an 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 b expense of makiniz said improve- ment will be paid from the Road f Use Tax Fund and the Utilities d Fund. I The above resolution was in- troduced, approved, and ordered placed on file with the City Clerk I this 21st day of July. 1969. y Approved and placed on file for y final action. APPROVED: I Walter A. Pregler Mayor Donald R. Meyers , Gaylord M. Couchman (Necessity for Improvement) Councilmen RESOLUTION NO. 188.69 Attest: WHEREAS, proposed plans, spe- Leo F. Frommelt cifications, form of contract have City Clerk app Special Session July 21, 1969 9 Councilman Meyers moved ap. proval of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Alayor Pregler, Council- men Couchman, Meyers. Nays—Councilman Schultz. Absent—Councilman McCauley. (Ordering Construction) RESOLUTION NO. 189.69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a Reso- lution of Necessity No. 188-69 which was duly passed by this Council for the 1969 Concrete Pav- ing Project with Integral Curb No. 1. 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 and expense of the said improvement be paid from the Road Use Tax Fund and the Utilities 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 NEC- ESSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 21st day of July, 1969. Walter A. Pregler Mayor Donald R. Meyers Gaylord M. Couchman Attest: Councilmen Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second. ed by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers. Nays—Councilman Schultz. Absent—Councilman McCauley. (Fixing Date of Hearing) RESOLUTION NO. 190.69 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 1969 Concrete Paving Proj. ect with Integral Curb No. 1. BE IT THEREFORE RESOLVED that on the 11th day of August, 1969 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 appear and make objection to the proposed plans and specifications and pro. posed form of contract, to the cost of the improvement 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 which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 21st day of July, 1x69. Walter A. Pregler Mayor Donald 11. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers. Nays—Councilman Schultz. Absent—Councilman McCauley. RESOLUTION NO. 191169 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following have com- plied 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. Howard F. McCauley, 2195 Central Avenue Special Session July 21, 1969 301 Patrick Zaimes, 2660 Dodge Street, plaza 20 (Effective Aug. 11 BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 21s1 day of July, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Co-incilman Meyers moved adop. tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 192-69 Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas --Mayor Pregler, Council men Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil: and WIiEREAS, 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 Karen Heeren, 1091 Main Street (Effective Aug. 1, 1969) Donna Rezac, 115 Fast 22nd Street Be it further resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 21st day of July, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk y RESOLUTION NO. 193-69. 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 Karen Heeren, 1091 Main Street (Effective Aug. 1, 1969) Donna Rezac, 115 East 22nd Street passed, adopted and approved this 21st day of ,luly, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord Al. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council. man Couchman, Meyers, Schultz, Nays—None. Absent --Councilman McCauley. RESOLUTION NO. 19469 WHEREAS, applications for U- quor Permits have beenub ited to this Council for app the same have been examined, NOW THEREFORE BE IT RE, SOLVED, by the City Council of the City of Dubuque, Iowa,tat 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. 302 Special Session July 21, 1969 CLASS "C" COMMERCIAL ESTABLISHMENT Karen Heeren, 1091 Main Street (Effective Aug. 1, 1969) Passed, adopted and approved this 21st day of July, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman. Meyers, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 195-69 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 Citv 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 Karen Heeren, 1091 Main Street (Effective Aug. 1, 1969) Passed, adopted and approved this 21st day of July, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. Mayor Pregler presented the names of Mr. Cecil Edmonds and Tenny Pixley as chairman and co-chairman respectively to serve on the Citizens Assistance Com- mittee for Urban Renewal. Council. man Couchman commended the Mayor on the appointments and moved for affirmation of same. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, Schultz. Nays — None. Ab:;ent — Councilman McCauley. Councilman Meyers moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays — None. Absent — Councilman McCauley. Mr. Charles Egelhof again ad- dressed the Council relative to ambulance service for the City, by stating that the City is not equip- ped enough for proper ambulance service. Ambulance Associates of Menasha, Wisconsin would ask for $20,000 per year subsidy. There also has been some talk with a local hospital and in his opinion something should be done soon. It is possible that the Funeral directors of the City may come in anytime and advise of their dis- continuance of service. Mr. George Helling addressed the Council as an objector to the issuance of parking tickets at the time of a parade. Mayor Pregler moved that the matter be referred to the Traffic Department. Second. ed by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays — None. Absent --- Councilman McCauley Special Session July 21. 1969 303 There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays — None. Absent — Councilman McCauley. Leo F. Frommelt City Clerk December 8 j1969. Approved December 8,1969 Adopted December 8,1969 City Clerk. Special Session July 26, 1969 CITY COUNCIL OFFICIAL Special Session, July 26, 1969. Council met at 8:00 A.M. (D.S.T.) Present—Mayor Pregler, Coun- cilmen Couchman, Meyers, Schultz, City Manager Gilbert D. Chave- nelle. Absent—Councilman McCauley (out of city) Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of DI- RECTING PUBLICATION OF NO- TICE OF PUBLIC HEARING TO CONSIDER A PROPOSAL OF ANNEXATION OF CERTAIN UN- INCORPORATED TERRITORY TO THE CITY OF DUBUQUE and act- ing upon such other business as may properly come before a regu- lar meeting of the City Council. July 26, 1969 To the Honorable Mayor and City Council Gentlemen: I recommend that the City Council approve a resolution au- thorizing an election to vote on the annexation of the area de- scribed below and delineated on the attached map. This recommendation is based upon the following factors: 1. The area is suitable for de- velopment. 2. It is estimated that the an- nexation area will be com- pletely built up within the next twenty years since it lies in the path of the city's growth and some sections thereof are already under development. 3. Capital improvement costs, annual service costs and revenues have been esti mated for the area to be an. nexed, and it appears that the proposal is financially sound and that the city can furnish the necessary ser. vices and improvements. 4. If the proposed area is an- nexed, its orderly develop- ment can be promoted by the extension of improve. ments and such development will benefit Dubuque Citi. zens, the present property holder within the annexation area and its future residents. 5. The Planning and Zoning Commission have studied an- nexation and have recom- mended that the proposed area be annexed. The area proposed for annexa- tion is described on the attached Exhibit "B" by reference made a part hereof. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the communication be received and filed and concurred in the Man- ager's recommendation. Seconded by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor Pregler, Coun- cilman Couchman, Meyers, Schultz. Nays—None. Absent—Councilman McCauley. 306 Special Session July 26, 1969 July 25, 1969 Honorable Mayor and Council Members Gentlemen: During 1965, the City Planning Commission recommended to the City Council that the General De- velopment Plan for Dubuque be adopted. Part of this plan was a proposal to annex certain contingu- ous areas around the city. During the last few months the City Planning Commission has discussed the need for and the feasibility of annexing certain areas lying north of the present corporation limits at this time. On July 25th, the commission met and reviewed a proposal to annex approximately 3,940 acres. This property includes area re- ferred to in the General Develop- ment Plan as Union Park South, Couler Valley, Stone Hill and the John Deere Industrial Complex. This area extends to the center of the channel in the Mississippi Riv- er so that it coincides with the State Line. For this reason, ap- proximately 1,030 acres are occu- pied by water during normal river elevation. The Development of the area proposed to be annexed would be as follows: Union Park South would be de- veloped for low density residen- tial and open recreation uses The Couler Valley would be de- veloped for industrial uses Stone Hill would be developed as a residential community and commercial establishments and public facilities to serve the resi- dents of that community The bluff land and the top of the bluff would be developed for community and regional recrea- tion uses overlooking the river The John Deere Industrial Com- plex would be further developed for industrial uses At the present time the city is providing public facilities to cer. tain commercial and industrial es. tablishments and have received re- quests for services from some resi. dents in the area. The General Development Plan proposed public facilities including parks, schools, a fire station and a street system for this area. The re- port on the water distribution sys. tem proposed a distribution system for the arca and a site for a storage tank. The report on the collection and disposal of municipal waste in. cluded this area in its considera. tion for both sanitary sewage col. lection and treatment and solid waste disposal, All other planning for the urban area has included as a part of the study area, the area in question. There are approximately 7.5 miles of roads in this area that would become city streets upon annexation. The estimated 1969 population of this area is 1,345. The projected 1980 population is 3,193 and the projected 1990 population is 8,466. There are approximately 251 single family residents, 56 multiple fam• ily residences, 18 farm steads and 16 businesses. The assessed valua tion of the industrial establish. ments in the area is in excess of 8,000,000 dollars. It is the opinion of the Planning Commission that in order to en- courage and accommodate good urban development, the city must keep a supply of land in the cor- porate limits so that a developer or individual has several choices of site locations for any type of development. It is also important that area that is to become a part of the city be annexed prior to its development if orderly and effic- ient development is going to take place. It is the opinion of the Commis- sion and the area in question has a strong social, economic and phys- ical relationship with the City of Dubuque. The Commission found that the city can provide municipal serv- ices to this area. For these reasons and in view of all the information generated by the various studies and plans it is the recommendation of the City Planning Commission that the area described above to be annex- ed to the City of Dubuque. Respectfully submitted, PLANNING AND ZON- ING COMMISSION Don Gilson, City Planner Mayor Pregler moved that the communication be received and filed. .r+econded by Councilman Special Session July 26, 1969 307 Meyers. Carried by the following vote: Yeas — Mayor Pregler Schultz Council- men Couchman, Meyers: Nays—None. Absent --Councilman McCauley. RESOLUTION NO. 196-69 A resolution directing the an- nexation of certain described un - ed incorporated territory, an- nexed to to and become a part. of the City of Dubuque on the com- pletion of proceeding_ provided for in Section 362.26 of the 1966 Code of Iowa, as amended present- ed for consideration. Mayor Pregler moved that the resolution be approved and plac ed on file in the office of thc- City Clerk for public inspection subject to public hearing. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, Schultz Nays --None. Absent ---Councilman McCauley. onsecutive weeks in the Tele. raph-Herald, a newspaper of gen- ral circulation published in the 'ity of Dubuque, Iowa in the man- er provided by Section 618.14 of lie 1966 Code of Iowa, as amended. Section 3. That said Resolution ro. 196-69 be placed on file with he. City Clerk for public inspec- ion until the time of such meet. ng. Passed, adopted and approved .his 26 day of July1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays — None. RESOLUTION N0. 197-69 Absent — Councilman McCauley. WHEREAS, on the .th day of There being no further business July, 1969, Resolution No. 196-69 Councilman Couchman moved to for the annexation to the City of adjourn. Seconded by Mayor Preg- Dubuque of certain unincorpor- ler. Carried by the following vote: ated territory described in said Yeas — Mayor Pregler, Coun- Resolution was introduced and cilmen Couchman, Meyers, Schultz. proposed to the City Council of Nays—None. the City of Dubuque, Iowa; and Absent—Councilman McCauley. WHEREAS, in accordance with Leo F. Frommelt the provisions of law, before any City Clerk such Resolution for annexation of unincorporated territory to the City of Dubuque,aya ado adopted, public hearing, pursuant pub- lished notice, must be held there- on. NOW THEREFORE., BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of City of Dubuque, Iowa, met on the 7th day of August 1969 at 7:30 o'clock P.M. (Central Daylight Savings Time), in the City Council Chamber, in the City Hall, in the City of Dubuque, Dubuque County, State of Iowa, to consider said Resolution No. 196-69 and to hear all objectors and proponents for such annexation. Section 2. That the Citv Clerk be and he is hereby authorized and directed to publish notice of such meeting once each week for two Approved .I Q.G. ??lb.'....$ 1969. Adopted December 8 1969 .................................... /. ....... .... C cilmen Atte71 ........................................ City Clerk 308 Special Session July 28, 1969 CITY COUNCIL OFFICIAL Special Session, July 28, 1969. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of INAUGURATING PROCEED- INGS FOR THE CONSTRUCTION OF CITY OF DUBUQUE 1969 CONCRETE CURB AND GUTTER PROJECT NO. 1; CITY OF DU- BUQUE 1969 HOT MIX -HOT LAID ASPHAIZIC CONCRETE PAVING PROJECT NO. 1; CITY OF DU- BUQUE 1969 BITUMINOUS CON- CRETE SURFACING PROJECT NO. 1, and acting upon such oth- er business as may properly come before a regular meeting of the City Council. July 18, 1969 Hon. Mayor and City Council re: Merlin J. Cody Gentlemen: On February 14, 1969, Merlin J. Cody of 655 Gillespie Street, Dubuque, Iowa filed claim against the City of Dubuque, Iowa for damages for personal injury in the amount of $1,500.00 which in- jury allegedly occurred at the Du. buque landfill disposal site on November 11, 1968. This matter was referred to the City Attorney and upon investi- gation find no liability on the part of the City of Dubuque and in view thereof, it is the recom. mendation of the City Attorney that the claim of Merlin J. Cody be denied. to. Original claim is attached here. Respectfully submitted R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City At. torney be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. Notice of intent to file claim by Arnold J. Leytem, as parent of Christine Mary Leytem, as the re- sult of a personal injury incurred by said Christine Mary Ikytem on May 25, 1969, while at play at the Comiskey Playground, presented and read. Councilman Meyers moved that the notice be referred to the City Solicitor. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. Notice of claim of Anne K. Lau- ry, in an undetermined amount, for property damage as the result of a fallen dead elm tree at her home at 674 Wilson Avenue, dur- ing last week in June 1969, pre- sented and read. Councilman Mey- ers moved that the notice of claim be referred to the City Solicitor. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. Notice of claim of C. J. Golin- vaux of 595 Clarke Drive in the amount of $100 for property dam- age as the result of a fallen dead elm tree at his residence during the first week in July 1969, pre- sented and read. Councilman Mey- ers moved that the notice of claim he referred to the City Solicitor. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. Notice of claim of L. C. Riggs and Associates Inc., in the amount of $750 for damage to property as the result of a back-up sanitary sewer at 480 W. 9th Street on June 25, 1969, presented and read. Councilman Meyers moved that Special Session July 28, 1969 309 the notice of citor . bereferred by the City Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Pregler. Schultz. Nays—None. Notice of claim of Palmer J. Dillard of 15981h Central Ave., in the amount of $60 for personal injuries received in a fall on a defective curb at the southwest corner of Julys and Central Ave- nue on 3. 1969,presented Y and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler. Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. Notice of claim of David S Shar- on Ehlinger of 3111 Jackson Street, in the amount of $2300 for personal property damage in- curred as the result of a backed - up sewer at 3110 White Street on June 25, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. Petition of Declaratory Judd ment by F. H. Uelner et al (busi nesses in the recently rezone Washington Street neighborhood area) praying for relief from th recently enacted ordinance, an that the area be returned to it original zoning classification, pre sented and read. Councilman Me. ers moved that the petition be r (erred to the City Solicitor. Se onded by Councilman Couchma Carried by the following vote: Yeas --- Mayor Pregler, Counci men Couchman, Meyers. McCa ley, Schultz. Nays—None. Notice of Appeal of Charles Murphy Executor et al in the m ter of condemnation of real tate located at 251 W. 6th Stre being the Ely 25' of City Lot 7 and the F.lv 25' of the SIV 54' of Lot. 753 in the City of Dubuque in the Urban Renewal area, pre- sented and read. Councilman Mey ers moved that the notice be re- ferred to the City Solicitor. Sec. onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Petition of D.A.V. requesting permission to conduct their an- nual Forget -Me -Not Days August 15 and 16, 1969, presented and read. Mayor Pregler moved ap- proval of the petition and that same be referred to the City Man- ager. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. Petition of Dr. Wayne A. Mol- denhauer et al (residents of Nowa- ta Street and the surrounding area) requesting "no parking signs" on the Allison Henderson park side of Nowata Street; as to the hippie crowd requesting a pa- trol guard at all times, also traf- fic to be blocked off Nowata Street completely, also enforce 10:00 P.M. curfew in Allison Hen- derson Park. also that concerts in the park be heldto two presented for any group, read. Mayor Pregler moved that the petition be received and filed and that the rules be suspended in order to let anyone present ad dress the Council if they o sire. Seconded by Councilman e Schultz. Carried by the d vote: 5 Yeas — Mayor Pregler, oun- `,- oilmen Couchman, Meyers, McCau• e lev. Schultz. c- Nays—None. n• Dr. Wayne Moldenhauer of 1250 Nowata Street described the area I- as being very disturbing to peace- "- ful neighborhood living. The traf- fic jam created on Nowata Street is terrific and when there is park - J, ing on the west side of the street at- the residents cannot get out of es• their driveways due to the nar. et rowness of the street. Ithi apea plain 52 case of disturbing V 1 These kids are not without morn 310 Special Session July 28, 1969 ey. The City should furnish a full time park patrol. The residents are not asking to be unfair to the kids however. Dr. G. Thran of 1020 Nowata Street stated that an ordinance should be instituted and the park should be governed by proper regulations. Mr. Carl Ihrcke, Mrs. Wayne Moldenbauer, Mrs. Marie Thran, addressed the Council objecting to the situation by stating to tolerate the hippies in the area is contributing to de- linquents and mainly they re- quested a limit on the hours. Mr. Wayne Norman of Douglas Street stated that the hours set were ad- hered to, and that in his opinion the Council and City Management are taking an objective view of the situation, however it might be wise that limits and guidelines be set. Mrs. Duane Mortenson of Per- ry Street pleaded for understand- ing and not to judge the kids. Mr. Paul Fitzimmons of the Legal Aid services stated that the young peo- ple suggested that they go to Alli- son Henderson Park themselves and it was not prompted by the Ad Hoc Committee. After all Alli- son Henderson is a public park. Also the majority of the people are from Dubuque and not from outside the City as reported. Ma- yor Pregler moved that discussion be closed. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Councilman Couchman moved that the petition be referred to the City Manager and City Solic- itor for investigation and report. Seconded by Councilman McCau. ley. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Holiday Oil Distribut ing Inc. request"ng rezoning of thn Sly 300' and the Fly 55' of Lots 24 and 25 of Block 4 in Westside Manor Subdivision to Local Bhs- iness "B" classification, presented and read. Mayor Pregler mnved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Couchman. Carried by the follow. ing vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Braconier Plumbing & Heating Inc. requesting refund on an unused plumbing permit #03809 in the amount of $18.00 presented and read. Councilman Meyers moved that the refund he granted and the Auditor instruct- ed to issue proper warrant. Sec• onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Cnuncil• man Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Ken Schromen Con- struction Co. requesting permission to excavate in City streets and al- leys, presented and read. Mayor Pregler moved that the petition be approved subject to approval of the City Engineer. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of River Valley Com- munity Action Program requesting funds for 1969.1970 in the amount of $9000. $4500 payable in April 1970 and $4500 payable in Septem- ber 1970, presented and read. May- or Pregler moved that the petition be referred to the City Manager. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. July 28, 1969 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 1969 Concrete Curb and Gutter Project No. I. Submitted July 28, 1969. John L. White City Engineer Special Session July 28, 1969 311 Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz,. Nays—None. RESOLUTION NO. 198.69 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 sched- ule of proposed assessments for the City of Dubuque 1969 Concrete Curb and Gutter Project No. l and the valuation set out therein are hereby approved. Adopted this 28th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None, RESOLUTION NO. 199-69 Preliminary Estimate and ap- proval of plans, specifications, Plat and schedule, including valua- tions appearing thereon and all other documents for the construc- tion of City of Dubuque 1969 Con. crete Curb & Gutter Project No. 1 on the following named streets: Pennsylvania Avenue, from the W.P.L. of Key Knolls Subdivision to the W.P.L. of Lot 2.1 of the E'/ of the SW'/4 of Section 21, T. 89 N.R. 2E. Perry Street, from the alley west of Grandview Avenue to the E.P.L. of Rider Street, in an esti- mated amount of $46,233.21, pre- sented and read. Councilman Couchman moved adoption of the resolution. Second. ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. (Nocessity for Improvement) RESOLUTION NO. 200-69 WHEREAS, proposed plans, specifications, form of contract, Plat and schedule have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other things the following: 1. The assessments limits of each street to be improved. 2. The streets to he 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 there- of which is estimated to be assess- ed against each lot, for the CITY OF DUBUQUE 1969 CONCRETE CURB AND GUTTER PROJECT NO. 1 on the following streets: 1. Pennsylvania Avenue from the W.P.L. of Key Knolls Subdivision to the W.P.L. of Lot 2.1 of the E% of the SW'/4 of Section 21, T. 89 N. R. 2E. 2. Perry Street from the alley west of Grandview Avenue to the E.P.L. of Rider 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- 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 improvement shall be con- structed and done in accordance with the plans and specifications 312 Special Session July 28, 1969 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 street fund. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments 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 28th day of July, 1969. Approved and placed on file for final action. Approved: Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved approval of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. (Fixing date of hearing) RESOLUTION NO. 20169 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 199-69 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 1969 CONCRETE CURB AND GUTTER PROJECT NO. 1 and, WHEREAS, the proposed Resolu- tion 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 25th day of August. 1969, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber of the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment 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 district, to the cost of improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolu- tion of Necessity and the City Clerk be and he is herebv direct- ed to cause a notice of the time and place of such hearing to be published 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 prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro. posed assessment, 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 28th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Special Session July 28, 1969 313 Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays — None. July 28, 1969 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached sheets No. 1 and 2 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1969 Hot Mix -Hot Laid Asphastic Concrete Paving Project No. 1. Submitted July 28, 1969. John L. White City Engineer Mayor Pregler moved that the communication be i eceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 20269 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached sheets No. 1 to 2 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1969 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 and the valuation set out therein are hereby approv- ed. Adopted this 28th day of July, 1969, Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz, Nays—None. RESOLUTION NO. 203-69 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and sched. ule and all other documents for the construction of City of Dubu. que 1969 Hot Mix -Hot Laid As- phaltic Concrete Paving Project No. 1 on the following streets: 1. Pennsylvania Avenue from the W.P.L. of Key Knolls Subdivision to the W.P.L. of Lot 2-1 of the El/2 of the SWV4 of Section 21 T. 89 N.R. 2E. 2. Wacker Drive patching between John F. Kennedy Road and U.S. X20. 3. John F. Kennedy Road patching between Pennsylvania Avenue and University Avenue, 4. Central Avenue from the S.F.L. of Fulton School to a point 100' north of West 32nd Street, at an estimated cost of $68,758.68, Presented and read. Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. (Necessity for Improvement) RESOLUTION NO. 204-69 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 showin; among other things the following: 1. The assessments 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 DUBUUQUE 1969 HOT MIX -HOT LAID ASPHALTIC CON- 314 Special Session July 28, 1969 CRETE PAVING PROJECT NO. 1 on the following streets: 1. Pennsylvania Avenue from the. W.P.L. of Key Knolls Subdivision to the W.P.L. of Lot 2-1 of the E% of the SWIA of Section 21 T. 89 N. R. 2E. 2. Wacker Drive patching between John F. Kennedy Road and U.S. X20. 3.John F. Kennedy Road patching between Pennsylvania Avenue and University Avenue. 4. Central Avenue from the S.P.L. of Fulton School to a point 100' north of West 32nd 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 objects 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 we 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 28th day of July, 1969. Approved and placed on file for final action Approved: Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved approval of the resulution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. (Fixing date of hearing) RESOLUTION NO. 205-69 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 20369 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 1969 Hot Mix - Hot Laid Asphaltic Concrete Pav- ing awing Project No. 1 and, WHEREAS, the proposed Res- olution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 25th day of August 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 own- ers of property subject to assess- ment for the proposed improve- ment may appear and make ob- jection 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 improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque. the last of which shall be not less Special Session July 28, 1969 315 than two (2) nor more than (4) weeks prior to the day fixed for its consideration anal unless prop- erty owners at the time of final consideration of said resolution 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 objections thereto, at which hear- ing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 28th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved approval of the resolution. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. July 28, 1969 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached sheets No. 1 to 8 inclusive show, ing a schedule of the proposed valuations and assessments for the City of Dubuque 1969 Bituminous Concrete Surfacing Project No. 1. Submitted July 28, 1969, John L. White City Engineer Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz, Nays—None. RESOLUTION NO. 206-69 BF, IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF D[1BUQUE, IOWA: SECTION 1. That the attached sheets No. l to 8 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1969 Bitu- minous Concrete Surfacing Project No. 1 and the valuation set out therein are hereby approved. Adopted this 28th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 McCauley. Carried by the following vote: Yeas --Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. RESOLUTION NO. 207.69 Preliminary Estimate and ap- proval of plans and specifications, form of contract, plat and sched- ule and all other documents for the construction of City of Du- buque 1969 Bituminous Concrete Paving Project No. 1 on the fol- lowing streets and areas: 1. Avalon Street—from the south property line of Asbury Road to the south property line of Dirksen's Addition. 2. Flora Park—lee Skating Rink. 3. High Bluff Street—from the north property line of Farley to the south property line of Fengler Street. -t. Jefferson Park—Play area. 5. Lombard Street — from the north property line of Dodge Street to the east property line of Lot 2.1-1-1.1-1-2 of Lots 1 and 2 of Sister's Addition. 6. Nowata Street — from the north property line of Uni- versity Avenue to the south property line of Loras Boule- vard. 7. Sunnyview Drive — from the west property line of North Grandview Avenue to the west property line of St. Ambrose St. 8. Mesa Drive—from the south property line of Kane Street to the south end of the street 316 Special Session July 28, 1969 9. Altura Drive—from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 10. Cerro Drive—from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 11. Corto Drive—from the south properly line of Cerro Drive to the south end of street. 12. Perry Street—from the west property line of Grandview Avenue to the east property line of Rider Street. 13. Auburn Street — from the south property line of Dexter Street to the north property line of Lot 179 of Woodlawn Park Addition. 14. Berkley Place—from the west property 1 i n e of Primrose Street to the east property line of Oakerest Drive. 15. Montgomery Ward -- Parking Lot patching. at an estimated cost of $97,427.94, presented and read. Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 208-69 I+ 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: I. The assessments 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 valua- tion fixed by the council. 5. An estimate of the cost of the proposed improvement, stating II 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 assessed against each lot, for the City of Dubuque 1969 Bituminous Concrete Surfacing Project No. I on the following streets and areas: 1. Avalon Street --from the south property line of Asbury Road to the south property line of Dirksen's Addition. 2. Flora Park—Ice Skating Rink, 3. High Bluff Street --from the north property line of Farley to the south property line of Fengler Street. 4. Jefferson Park—Play area. 5. Lombard Street — from the north property line of Dodge Street to the east property line of Lot 2-1-1-1-1.1-2 of Lots I and 2 of Sister's Addition, 6. Nowata Street — from the north property line of Uni. versity Avenue to the south property line of Loras Boule. vard. 7. Sunnyview Drive — from the west property line of North Grandview Avenue to the west property line of St. Ambrose St. 8. Mesa Drive—from the south property line of Kane Street to the south end of the street. 9. Altura Drive—from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 10. Cerro Drive—from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 11. Corto Drive—from the south property line of Cerro Drive to the south end of street. 12. Perry Street—from the west property line of Grandview Avenue to the east property line of Rider Street. 13. Auburn Street — from the south property line of Dexter Street to the north property line of Lot 179 of Woodlawn Park Addition. 14. Berkley Place—from the west property 1 i n e of Primrose Street to the east property line of Oakerest Drive. 15. Montgomery Ward -- Parking Lot patching. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop. erty owners, deems it advisable Special Session July 28. 1969 31 and necessary for the public wel- i 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 pproved gby ethe Cityr which have been app 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 according to area and in propor- tion to the special benefits con- ferred 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 as sessed to and paid by the railway ed by Councilman Meyers. Carried by the following vote: Yeas --Mayor Pregler, Council men Couchman, Meyers, McCauley, Schultz. Nays --None. (Fixing date of hearing) RESOLUTION NO. 209.69 WHEREAS, the City Council of the City of Dubuque, Iowa has by Resolution No. 207.69 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 1969 Bitu- minous Concrete Surfacing Project No. 1 and, company. The above resolution was in. troduced, approved and ordered placed on file with the City Clerk this 28th day of July, 1969. Approved and placed on file for final action Approved: Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leu F. Frommelt City Clerk Councilman Couchmall in o v e approval of the resolution. Second WHEREAS, the proposed Res olution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec tion. BE 1'1' THEREFORE RESOLVED that on the 25th day of August 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 property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications Iand proposed form of contract and at the same time to the bound aries of the proposed district, to the cost of the improvement, to the amount proposed to be as. sessed against any lot and to the ' passage of the proposed Resolu- tion 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 no ln albe not e than less j than two (2) weeks prior to the day fixed for its consideration and unless prop conal er'sideration a of h said resoluttime of ion have on file with the Clerk objec- tions to themamount of the pro posed asscsent, they shall have been deemed to have waived all Objections thereto, Lit which hear- ing the ('ouncil will hear such d objections and enter on record its • final decision thereon. 318 Special Session July 28, 1969 Passed, adopted and approved this 28th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley 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. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council• man Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 210-69 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. Daniel D. Boge, 400 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 28th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. RESOLUTION NO. 21169 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 Daniel Il. Boge, 400 Central Ave nue Passed, adopted and approved this 28th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 212.69 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 Daniel I). Boge, 400 Central Ave. nue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 28th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoptiou of the resolution. Seconded by Special Session July 28. 1969 319 Schultz. Carried by the sued the following named ap Councilman nto following vote: Mayor Pregler, Council- CLASS "C" COMMERCIAL Yeas — men Couchman, Meyers, McCauley, ESTABLISHMENT Schultz. Daniel D. Boge, 400 Central Av- Nays — None. enue RESOLUTION NO. 312.69 Marco Giunta, 2022 Central Avenue WHEREAS, applications for Pete S. Sfikas & Gust Karigan, Permits have been submit- 401.405 Central Avenue Liquor ted to this Council for approval Passed, adopted and approved the same have been examined, this 28th day of July, 1969. and NOW THEREFORE BE IT RE- Walter A. Pregler SOLVED by the City Council of Iowa, that Mayor Sylvester McCauley the City of Dubuque, following applications be grant- Merlin F. Schultz the ed and licenses issued upon the Donald R. Meyers Gaylord M. Couchman compliance with the terms of the IOWA LIQUOR CONTROL ACT— Councilmen CHAPTER 123—as amended by the Attest: 80th General Assembly, 1963. Leo F. Frommelt, City Clerk CLASS "C" COMMERCIAL ESTABLISHMENT Mayor Pregler moved adoption Daniel D. Boge, 400 Central AV- of the resolution. Seconded by of Schultz. Carried by the enue Marco Giunta, 2022 Central Av following vote: Yeas g vMayor Pregler, Council- enue S. Sfikas & Gust Karigan, men Couchman, Meyers, McCauley, Pete 401.405 Central Avenue Schultz . Schultz. Passed, adopted and approved I Y —None. this 28th day of July, 1969. There being no further business Walter A. Pregler Mayor Pregler moved to adjourn. Mayor Seconded by Councilman McCau- Sylvester McCauley I ley. Carried by the following vote: Merlin F. Schultz Yeas — Mayor Pregler, Council- Donald R. Meyers men Couchman, Meyers, McCauley, Gaylord M. Couchman I Schultz. Councilmen Leo F. Frommelt, Attest: City Clerk Leo F. Frommelt, City Clerk December 8 DD Mayor Pregler moved adoption Approved • • • •- - •.• .1W9 •• of the resolution. Seconded by Councilman Schultz. Carried by the De.Cembe. r....8 1989 following vote: Adopted Yeas -- Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. ..; .. Nays — None. RESOLUTION NO. 21469 ........ WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they ✓ have recevied 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 Councilmen they have filed proper bonds; NOW THEREFORE BE IT RE SOLVED by the City Council of I A test: Dubuque, Iowa that the Manager "' ' City Clerk be authorized to cause to be is Regular Session, Angust 4, 1969 321 CITY COUNCIL Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. OFFICIAL Regular Session, August 4, 1969. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau• JOY, Schultz. City Manager Gilbert D. Chaven- oil*. Mayor Pregler 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. Communication of Ad hoc Com- ' mittee on Youth Ministry express- ing appreciation to the Council of their attendance at the meeting of July 15 Westminster Church and also advising the progress being made for a free youth concert possibly at Eagle Point, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Communication of C. George Biasi, suggesting rejection of the rezoning of Block A of Oakbrook Sub. from Single Family to Mul- tiple Family District Classifica- tion as recommended by the Plan- ning & Zoning Commission, but not as yet received by the Council, presented and read. Mayor Pregler moved that the communication be referred back to the Council. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays — None. Printed Council proceedings fol the months of April and May 1969 presented for approval. Council man Meyers moved that the COUn cil proceedings for the months o April and May 1969, be approve, as printed. Seconded by Mayo Pregler. Carried by the followin; vote: July 30, 1969 Che Honorable Mayor and 'ity Council 3entlemen: This is to advise that I have zpproved the following bonds and Jesire to have your approval on same. SIDEWALK George Frommelt, Merchants Mu- tual Bonding Company Total Structures, Inc., St. Paul Fire & Marine Insurance Co. Hartmann Construction Co., Merch- ants Mutual Bonding Company Respectfully, Gilbert D. Chavenelle City Manager Council Meyers moved that the bonds be filed subject to approval of the City Solicitor. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. July 31, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: I herewith submit the audit re- port of the County -City of Dubu- que Authority for the year ended December 31, 1968, by O'Connor, Brooks, Ahrendt & Brooks, Certi. fied Public Accountants. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Couchman moved that the report be received and filed. Seconded by an Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. July 29, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, Water Department and a list of claims for which warrants were I drawn for the month of June 1969. Respectfully, Gilbert D. Chavenelle City Manager 322 Regular Session, August 4, 1969 Councilman Meyers moved that the reports be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, 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 June 1969, pre- sented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. July 29, 1969 To The Honorable Mayor And City Council Gentlemen: During the past several months efforts to cause a building, dam- aged by the demolition of an ad- jacent building to be repaired have been unsuccessful. The Dore Wrecking Company demolished a large building on the north west corner of Second and Main Streets and in the proc- ess damaged the rear section of an adjacent building at 233 Main Street, consisting of a large part of bearing wall being struck or in some manner being disturbed and leaving a large hole in the side of the building. I have directed the Building De- partment to have this defect cor- rected and they have had no suc- cess. On June 17, 1969, 1 received the following report from the Building Department, June 17, 1969 Mr. Gilbert D. Chavenelle City Manager Dear Sir: In the process of demolishing a building on the northwest corner of Second and Main Streets the Dore Wrecking Company dam- aged the wall of the adjacent building located in the North 42' of City Lot 75A and owned by Marion J. Ryder. The damage oc- curred in the rear section of a two story building and consisted of a large part of the side wall being struck or in the same man, ner disturbed and leaving a large hole in the side of the building. This in turn removed part of the support for the rear wall of the building. The wall in the rear ap. pears to be dangerous to the pub• lic and could collapse. Therefore, I recommend that under the provisions of Ordinance No. 35-52 a ten day notice be served upon Marion J. Ryder, own. er of 233 Main Street and legally described as North 42' of City Lot 75A. Sincerely, Donald J. Bandy Building Commissioner After receiving this report I personally inspected the premises. As a result of this inspection on June 17, 1969, I prepared the following notice: Notice June 17, 1969 TO: Marion J. Ryder 433 Bluff Street Dubuque, Iowa Recorded owner for property known as 233 Main Street and lo- cated on the North 42' of City Lot 75A in the City of Dubuque, Dubuque County, Iowa. I have personally inspected the structure known as 233 Main Street and located on the above described real estate in the City of Dubuque, Iowa and find the conditions as they have been re- ported to me by the Building Commissioner as substantially cor- rect. A copy of whose report is here- by attached and by reference made a part hereof. According to the provisions of City Ordinance No. 35-52, you are hereby given ten (10) days notice to correct the dangerous condi- tions as described in the attached report or dismantle the rear part of this building. Gilbert D. Chavenelle City Manager I hereby certify that I served the above notice on Marion J. Ry- der on June 23rd, 1969. M. Lange 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 owner of said building known as 233 Main Regular Session, August 4, 1969 313 Street and located on the North 42' of City Lot 75A in the City of Dubuque, Iowa and Marion J. Ryder, 433 Bluff Street be re- quired to correct this dangerous condition. Gilbert D. Chavenelle City Manager City of Dubuque, Iowa Mayor Pregler moved to concur in the City Manager's recommen- dation. Seconded by Councilman ?Meyers. Carried by the following vote: yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. ORDINANCE NO. 33-69 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 City Lots 101 through 108 and all of City Lots 137 through 140 in the City of Dubuque, Iowa, from "Multiple Residence District" classification to "Business Dis- trict" classification, presented and read. Mayor Pregler 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 Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. Mayor Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. Mayor Pregler moved that a public hearing be held on the Or- dinance on September 2, 1969, 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 b Councilman Schultz. Carried b the following vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, McCau ley, Schultz. Nays—None. ORDINANCE NO. 34.69 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 lots 34, 35, 36, 83, 84 and lots 90 through 98 all in A. P. Woods Subdivision, Lot 1, and Lot 2 in McGrath's Subdivision and the westerly 76 feet of Lot 1, and Lot 2 of Kirkwood Place, from "Two Family Residence District" classification to "Multiple Resi- dence District Classification," presented and read. Mayor Pregler 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 Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Mayor Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. Mayor Pregler moved that a public hearing be held on the Or- dinance on September 2, 1969, at 7:30 P.M. in the Council Chamber at the City Hall and the City Clerk t)e 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Petition of Delmar A. Gavin et al (£i signatures) requesting that the area on Cummins Street be re- zoned from Multiple Residence Classification to Single Family ResidenceClassification, presented and read. Mayor Pregler moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, McCau- ley, Schultz. Nays—None. Regular Session, August 4, 1969 Petition of American Re.habili -amitr Foundation requesting per- -rission to conduct a fund raising campaign in the Citv through what . as formerly known as the Ken- ney Institute to aid polio victims, but now primarily interested in helping those with strokes, arth- ritis etc., presented and read. Councilman Couchman moved that the petition be referred to the Ma- vor. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. Petition of Dorothy Louise Car- tigny Thill requesting delivery of deed to clear title on a ten foot portion of Troy Street abutting LA 15 in High Street subdivision, presented and read. Councilman Meyers moved that the petition be referred to the City Solicitor. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, MCCaU- ley, Schultz. Nays—None. Petition of Charles R. Cushing requesting a refund of $150 on the unexpired portion of Class B Beer permit No. 38, as he has dis- continued business on July 31, 1969, presented and read. Coun- cilman Schultz moved that the refund be granted and the Audi- tor instructed to issue proper war- rant. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays --None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider propos- al to dispose of Lot 2 of 1 Block 6 River Front Subdivision No. 3 to W. S. Sheppley & Co., in the amount of $25,000, 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 Meyers moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas—Ma}'or Pregler, Council- men Couchman, Meyers, McCau. ley, Schultz. Nays—None. RESOLUTION NO. 21569 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 July 1, 1969 and July 8, 1969, City Council of Dubuque, Iowa met on the 4th day of Au- gust, 1969 at 7:30 o'clock (Day. light Savings Time) P.M. 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, Block 6 "River Front Sub- division No. 3" in the. City of Du. buque, Iowa, containing approxi- mately 3.16 acres more or less, subject to existing easements to W. S. Sheppley & 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 W. S. Sheppley & Co. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Uction 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to W. S. Sheppley & Co. covering the following de- scribed real estate, to -wit: Lot 2 of Lot 1, Block 6 "River Front Subdivision No. 3" in the City of Dubuque, Iowa, containing approximately 3.16 acres more or less, subject to existing easements for the purchase price of $25,000.00 be and the same is here- by approved, subject to the follow- ing germs and conditions, to -wit: A. That said real estate be sold to W. S. Sheppley & Co. of Dubuque, Iowa for the con- struction of a new building thereon containing approxi- mately 20,000 square feet for the purpose of a warehouse building in the City of Du- buque, Iowa. B. That the sale price for said real estate shall be in the amount of Twenty-five Thou- Regular Session, August 4, 1969 325 sand ($25,000.00) Dollars for Attest: 137,650 square feet, and the Leo F. Frommelt receipt of Two Thousand Hundred ($2.500.00) City Clerk Councilman Couchman moved Five Dollars as down payment is ado do of theSecond - herewith acknowledged by Pregler. b y the City. the following vote That construction of said yeas — Mayor Pregler, Council - men Couchman. Meyers, McCauley, plant be commenced within Schultz. (1) year of adoption and one f this Resolu gays. None. the passage o tion and shall be completed within two (2) years of date of adoption and passage of this Resolution and upon failure so to do by the pur- chaser, W. S. Sheppley & Co. of Dubuque, Iowa, said real estate shall automatically 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 buildings, yards, parking lots and fences shall be con- structed in conformance with existing City codes. E. That the City of Dubuque, Iowa retains a perpetual easement for existing water- lines, existing sanitary sewer and storm sewer lines and for utilities together with right of ingress and egress to repair, inspect and main- tain the same. F. That all utilities and ser- vices to proposed buildings be connected at buyer's ex- pense. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to W. S. Shep- pley & Co. of Dubuque, Iowa upon receipt of the purchase price in full of Twenty-five Thousand ($25,000.00) Dollars. 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, approved and adopted this 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 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 the construction of Recreation Com- mission Veterans Memorial Park Restroom Facilities 1969, present- ed and read. No written objections were filed and no oral objectors were present in the Council Cham- ber at the time set for the public hearing. Councilman Meyers moved that the proof of publica- tion be received and filed. Sec. onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 161-69 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 Type of Improvement. 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. RECREATION DEPARTMENT Veterans Memorial Park Restroom Facilities -1969 13E 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 326 Regular Session, August 4, 1969 Clerk objections to the amount of the proposed assessments, they shall be deemed to have Nvaived 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 shall be paid out of the Rafferty Park Property Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of June, 1969. Record of Final Adoption The foregoing resolution was fi- nally passed and adopted as pro- posed, by the City Council this 4th day of August 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments. RESOLUTION NO. 216.69 WHEREAS, proposed plans and specifications and form of contract for the RECREATION DEPART- MENT, VETERANS MEMORIAL PARK RESTROOM FACILITIES - 1969 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, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hear. ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of August, 1969; and WHEREAS, the City Council met in regular session this 4th day of August, 1969, 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. pose 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, he and the same here- by overruled and such plans,speci- fications and form of contract heretofore 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 record in connection with said improvement. passed, adopted and approved this 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen A ttest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, 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 Veterans Memorial Park Restroom Facilities, presented and read. Regular Session, August 4, 1969 327 Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing ol ow-ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. August 4, 196:1 Mayor Walter A. Pregler And Members of the City Council Re: Restroom Building at Veter- ans' Memorial Park Gentlemen: The Playground and Recreation Commission recommended r w h t the the City Council proceed awarding of the, contract for in- stallation of a restroom building at Veterans' Memorial Park. We suggest that the recommendations of the Engineering Department be followed. Thank you for your considera- tion in this matter. Playground & Recreation Commission Harold W. Sweet Chairman Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote; Yeas—Mayor Pregler Council- men Couchman, Meyers, McCauley, Schultz. Na! s—None. August 4, 1969 To the Honorable Mayor and City Council Gentlemen: Sealed bids were received until 10:00 A.M., Thursday, July 31, 1969, for the construction of the Veteran's Memorial Park Rest- room Facilities. The lowest bid received was sub- mitted by Mark Strub of Dubuque, Iowa. His bid was 3.82°'(, under the Engineer's estimate. Mr. Strub sub- mitted, at the time of bid opening, a Bid Bond instead of the Certi• fied Check or Bank Draft. This is an irregularity but the City So- licitor has recommended that the irregularity be waived. I recommend that the contract be awarded to Mark Strub of Du buque, lows. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that. the ecommendation of the City Man - Iger be approved. Seconded by ;ouncilman Meyers. Carried by the ollowing vote: Yeas—Mayor Pregler, Council - nen Couchman, Meyers, McCauley, >chultz. Nays—None. (Awarding Contract) RESOLUTION NO. 217.69 WHEREAS, sealed proposals have been submitted by contractors for the construction of the Veter- an's Memorial Park Restroom Fa- cilities pursuant to Resolution No. 163-69 and notice to bidders pub- lished in a newspaper published in said City on July 3, 1969, and July 10, 1969; and WHEREAS, said sealed proposals were opened and read on July 31, 1969, and it has been determined that the bid of Mark Strub Con. struction Company of Dubuque, Iowa in the amount of $20,724.00 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 Dubuque that the con. tract for the above mentioned im- provement be awarded to Mark Strub 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 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 un- successful bidders. Passed and adopted this 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: gng Regular Session, August 4, 1969 Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. Proof of Publication, certified to by the Published, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon plans and specifica- tions, form of contract and co -it of improvements, for construction of Test Well No. 1—Pump Installa- tion, 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 Meyers moved that the proof of Publication be re- ceived and filed. Seconded by May- or Pregler. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 175-69 WHEREAS, proposed plans, spe- cifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following. 1. An estimate of the cost of the proposed improvement for the in- stallation Test Well No. I Pump installation. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of propert.; 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 consideration of this proposed resolution have on file with the City Clerk objections to the amount of the cost if 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 Water Works General Fund. The above resolution was intro. duced, approved, and ordered placed on file with the City Clerk this 7th day of July, 1969. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro. posed, by the City Council this 4th day of August 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord 111. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved final adop• tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, llleyers, McCauley, Schultz. Nags—None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the receipt of pro- posals for the construction of Test Well No. 1—Pump Installation, presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas --Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. August 4, 1969 Honorable Mayor and Members of the City Council Gentlemen: Scaled bids were received July 31, 1969, for Test Well One—Pump Installation at Eagle Point Station. I concur in the recommendation of Henningson, Durham and Rich- ardson and the 'Vater Superinten- dent that the contract be awarded to the low bidder Layne Western Company, Ames, Iowa at their bid price of $5,618.00 as listed in their proposal. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the recommendation of the City Man. ager be approved. Seconded by Councilman Couchman. Carried by the following vote: Regular Session, August 4, 1969 329 Yeas — Mayor Pregler, Council men Couchman, Meyers, McCauley Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 218.69 WIIF.REAS, scaled proposals have been submitted by contrac- tors for the Test Well No. 1 Pump Installation for the City of Du. buque, Iowa pursuant to Resolu- tion No. 177.69 and notice to bid- ders published in a newspaper published in said City on and my 3, 1969 and July 10, WHEREAS, said scaled propos- als were opened and read on July 31, 1969, and it has been deter- mined that the bid of Layne -West- ern Company of Ames, Iowa in the amount of $5,628.00 -vas 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 Cit>, Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Layne -Western Company, Ames, Iowa and the Manager be and he is hereby directed to exe- cute 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 un- successful bidders. Passed and adopted this 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Proof of Publication, certified to by the Publisher, of Official No- tice of public hearing to consider the City Manager's report relative to delapidated condition of the building located at 45 Shields Street, described as City Lot 359A, owned by the Sloan Distributing Company, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time of the public hearing. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Statement of City Clerk certi. fying that notice was mailed by certified mail on July 11, 1969, to the Sloan Distributing Company at 201 W. 17th Street relative to public hearing on the City Man- ager's report on the condition of the building located at 45 Shields Street, presented and read. Coun- cilman Schultz moved that the statement be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Attest: Leo F. Frommelt, City Clerk. Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. RESOLUTION NO. 219.69 WHEREAS, The Manager has reported to the City Council that the building and premises located on City Lot 539 A, owner of record, Sloan Distributing Co. Jake Sloan, President, 201 West Seventeenth Street, Dubuque, Iowa and known as 45 Shields Street in the City of Dubuque, Dubuque County, Iowa, is dangerous to life, health, and property because of its condition and that demand has been made by him upon Sloan Distributing Company, Jake Sloan, President, 201 West Seventeenth, Dubuque, Dubuque County, Iowa, recorded owner of said property, that the conditions complained of be cor• rested and that said owner has failed to correct the conditions 330 Regular Session, August 4, 1969 within the time provided by the notice; and, WHEREAS, On the 7th day of July, 1969 the City Council set the report down for hearing at 7:30 o'clock P.M. Central Daylight. Time on the 4th day of August, 1969. In the City Council Chambers, in the City Hall, in the City of Du- buque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS, It appears by re- turn of service now on file in the records of the City Council, that notice of said hearing was given by serving by registered mail Mr. Jake Sloan, 201 West Seventeenth Street, President of Sloan Distrib- uting Company, Dubuque, Iowa. by certified mail on 11th day of July, 1969; and, WHEREAS, Pursuant to said no- tice on order, of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on the 4th day of August 1969, in the City Council Chambers in the City Hall, in the City of Dubuque, Iowa, at which time the interested parties of the above described real -estate were afforded an oppor- tunity to be heard and witnesses concerning the condition of the property and the hazards were heard; and, WHEREAS, The Council has duly considered the testimony of witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure known as 45 Shields Street, located on City Lot 539 A, in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby found and declared to be dangerous to life, health, and property and same is deemed to be as a nuisance. Section 2. That the City Man- ager be and he is hereby author- ized and directed to cause the structure known as 45 Shields Street and located on City Lot 539 A, in the City of Dubuque, Du- buque County, to remove the dan- gerous parts of said building and repair same to remove the nui. sance. Section 3. That upon comple- tion of said work the City Mana- ger shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun• ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section S. That the City Clerk be and is hereby directed to record a certified copy of this resolution in the office of the County Re- corder of Dubuque County, Iowa. Passed, adopted, and approved this 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council - Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 220-69 RESOLUTION Approving Plat of City Lot 204 in the Original Town of Dubuque. WHEREAS there has been filed with the City Clerk a plat in which City Lot 204 in the Original Town of Dubuque, Dubuque County, Iowa is platted as Lot 1 and Lot 2 thereof and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating 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 hereby authorized and directed to endorse the approval of the City upon said plat. Regular Session, August 4, 1969 331 Passed, adopted and approved this 4th da}' WalteruA. 69 PreglerI Mayor Svlvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: I.eo F. Frommelt, City Clerk. Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Pregler, council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 221.69 RESOLUTION Approving Plat of City Lot 205 in the Original Town of Dubuque. WHEREAS there has been filed with the City Clerk a plat in which City Lot 205 in the Original Town of Dubuque, Dubuque County, Iowa is platted as Lot 1 and Lot 2 thereof and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating 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 hereby authorized and directed to endorse the approval of the. City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchmar Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman move( adoption of the resolution. Sec onded by Councilman MeyerE Carried by the following vote: Yeas — Mayor Pregler, Coun- ilmen Couchman, Meyers, McCau- ey, Schultz. Nays — None. RESOLUTION NO. 222.69 RESOLUTION Approving Plat of 'ity Lot 206 in the Original Town A Dubuque WHEREAS there has been filed ,ith the City Clerk a plat in which City Lot 206 in the Original Town Df Dubuque, Dubuque County, Iowa is platted as Lot 1 and Lot 2 there of and, WHEREAS 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 de - 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 this 4th day of August A.D., 1969 Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 223.69 Resolution Approving Plat of City Lot 207 in the Original Town of Dubuque. WHEREAS there has been filed with the City Clerk a plat in which City Lot 207 in the Original Town of Dubuque, Dubuque County, Iowa is platted as Lot 1 and I.ot 1 2 thereof and. WHEREAS said plat has been examined by the City Council and they find the same conforms to 332 Regular Session, August 4, 1969 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- cnded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 224-69 RESOLUTION Approving Plat of City Lot 208 in the original town of Dubuque. WHEREAS there has been filed with the City Lot 208 in the Orig- inal Town of Dubuque County, Iowa is platted as Lot 1 and Lot 2 and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. See. onded by Councilman Meyers. Car. ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 225.69 RESOLUTION Approving Plat of Sub. of Lot 2 of Lot 2 of Lot 10 of Central Addition. WHEREAS there has been filed with the City Clerk a plat in wihch Lot 2 of Lot 2 of Lot 10 of Central Addition, in the City of Dubuque, Iowa is platted as Lot 1 of Lot 2 of Lot 2 of Lot 10 and I.ot 2 of Lot 2 of Lot 2 of Lot 10 of Central Addition, in the City of Dubuque, Iowa 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCau- ley Schultz. Nays—None. Regular Session, August 4, 1969 333 RESOLUTION NO. 22669 RESOLUTION Approving Plat of Lot 2 of Lot 10 of Central Ad- dition. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 10 of Central Addition, in the City of Dubuque, Iowa is platted as Lot 1 of Lot 2 of Lot 10 and Lot 2 of Lot 2 of Lot 10 thereof 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 22769 RESOLUTION Approving Plat of Sub. of Lot 9 of Central Addi- tion. WHEREAS there has been filed with the City Clerk a plat in which Lot 9 of Central Addition, in the City of Dubuque, Iowa is platted as Lot I and Lot 2 thereof 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- scrihed platbe 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 this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 22849 RESOLUTION Approving Plat of Sub. of Lot 2 of Lot 9 of Cen- tral Addition. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 9 of Central Addition, in the City of Dubuque, Iowa is, platted as Lot 1 and Lot 2 thereof 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 -ity 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 hereby authorized and directed to endorse the approval of the City upon said plat. roved Passed, adopted and app this 4th day of August A.D., 1968. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Sehultg Donald R. Meyers Gaylord MC lmm n Attest: Leo F. Frommelt City Clerk 334 Regular Session, August 4, 1969 Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 229.69 RESOLUTION Approving Plat of Lot 8 of Central Addition in the City of Dubuque. WHEREAS there has been filed with the City Clerk a plat in which Lot 8 of Central Addition in the City of Dubuque, Iowa is platted as Lot 1 and Lot 2 thereof 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCau. ley, Schultz. Nays—None. RESOLUTION NO. 230.69 RESOLUTION Approving Plat of Sub of Lot 2 of Lot 8 of Central Addition WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 8 of Central Addition, in the City of Dubuque, Iowa is Platted as Lot 1 and I.ot 2 thereof 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 Resolved 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August. A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 231-69 RESOLUTION Approving Plat of West 40.4' of Lot 6 of Central Ad- dition, in City of Dubuque, Iowa WHEREAS there has been filed with the City Clerk a plat in which West 40.4' of Lot 6 of Central Addition in the City of Dubuque. Iowa is platted as Lot 1 and Lot 2 thereof and, WHEREAS 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 Resolved 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 hereby authorized and directed to endorse the approval of the City upon said plat. Regular Session. August 4. 1969 335 Passed. adoted Auhu AugustA.D., approved RE . RESO L TtiON Approving TION NO. Plat of -69 this 4th day of Walter A. Pregler Sub. of Lot 2 of the E. 14' of Lot May or 6 of Central Addition. Sylvester McCauley WHEREAS there has been filed Merlin F. Schultz with the City Clerk a plat in which Donald R. Meyers Lot 2 of the E. 14' of Lot 6 of Gaylord Nl. Couchman Central Addition, in the City of Councilmen Dubuque, Iowa is platted as Lot 1 of Lot 2 and Lot 2 of Lot 2 of the E. 14' of Lot 6 of Central Addition, in the City of Dubuque, Iowa and, WHEREAS 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 Resolved 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 Mayur and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day- of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resAution. Second. ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Preoller. Council- men Couchman, Meyers. McCauley. Schultz. Naps—None. RESOLUTION NO. 232.69 RESOLUTION' Approving Plat of Sub. of E. 14' of Lot 6 of Cen- tral Addition. WHEREAS there has been filed with the City Clerk a plat in which E. 14' of Lot 6 of Central Addi- tion, in the City of Dubuque, IoAa is platted as Lot 1 and Lot 2 there- of 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 Resolved 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. 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 Pregler, Council- men Couchman. Meyers, McCauley, Schultz, Nays—None. RESOLUTION NO. 23469 RESOLUTION' Approving Plat of Lot 2 of the West 4U.4' of Lot 6 of Central Addition. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of the West 40.4' of Lot 6 of Central Addition in the City of Dubuque. Iowa is platted as Lot 1 of Lot 2 and Lot 2 of Lot 2 of the west 40.4' of Lot 6 of Central Addition, in the City of Dubuque. Iowa 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; 336 Regular Session, August 4, 1969 NOW, THEREFORE, BE IT Resolved 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 235.69 RESOLUTION Approving Plat of Lot 7 of Central Addition in the City of Dubuque. WHEREAS there has been filed with the City Clerk a plat in which Lot 7 of Central Addition in the City of Dubuque, Iowa is platted as Lot 1 and Lot 2 thereof and, WHEREAS said plat has been examined by the City Council and they find the same conforms t,, 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLVED NO. 236-69 RESOLUTION Approving Plat of Lot 2 of Lot 7 of Central Addi- tion. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 7 of Central Addition, in the City of Dubuque, Iowa is platted as Lot 2 of 2 of 7 and Lot 1 of 2 of 7 of Central Addition, in the City of Dubuque, Iowa 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 237.69 RESOLUTION Approving Plat of Lot 2 of Lot 4 of Lots 1 do 11 of Lorimer's Sub. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 4 of Lots 1 do 11 Regular Session, August 4, ,1969 337 of Lorimer's Subdivision in the City of Dubuque, Iowa is platted as Lot 1 of Lot 2 of Lot 4 of Lots 1 & 11 and Lot 2 of Lot 2 of Lot 4 Of Lots 1 & 11 thereof 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said slat. RESOLUTION NO. 2389 RESOLUTION Approving Plat. of Lot 2 of Lot 1 of Lots 1 & 11 of Lorimer's Sub. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lots 1 & 11 of Lorimer's Subdivision in the City of Dubuque, Iowa is platted as Lot 1 of Lot 2 of I.ot 1 of Lots 1 & 11 and Lot 2 of Lot 2 of I.ot 1 of Lots 1 & 11 thereof and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating 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 Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 23969 RESOLUTION Approving Plat of Sub. of Lot 4 of Lots 1 & 11 of Lorimer's Sub. WHEREAS there has been filed with the City Clerk a plat in which Lot 4 of Lots 1 & 11 of Lorimer's Subdivision, in the City of Dubu- que. Iowa is platted as Lot 1 and I.ot 2 thereof and, WHEREAS said plat has been ex. amined 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 de• scribed 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 this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk 3148 Regular Session, August 4, 1969 Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 240-69 RESOLUTION Approving Plat of Sub. of Lot 1 of Lots I & 11. of Lorimer's Sub. WHEREAS there has been filed %with the City Clerk a plat in which Lot 1 of lots 1 & 11 of Lorimer's Subdivision, in the City of Du- buque, Iowa is platted as Lot i and Lot 2 thereof 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved z ''ion of the resolution. Sec- oi—ed by Councilman Meyers. Car. ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau. ley, Schultz. Nays—None. RESOLUTION NO. 241-69 RESOLUTION Approving Plat of Subdivision of Lot 1 of Lot 10 of Lorimer's Sub. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of Lot 10 of Lorimer's Sub. division in the City of Dubuque, Iowa is platted as Lot 1 of Lot 1 of Lot 10 and Lot 2 of Lot 1 of Lot 10 thereof 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 24269 RESOLUTION Approving Plat cf Lot 2 of Lot 1 of Lot 10 of Lorimer's Sub. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 10 of Lori- mer's Subdivision, in the City of Dubuque, Iowa is platted as Lot 1 and Lot 2 thereof and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating 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 hereby authorized and directed to endorse the approval of the City upon said plat. Regular Session, August 4, 1969 339 Passed, adopted and approved this 4th day el August A. A.D., , 1969. Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Yeas -- Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Attest: Leo F. Frommelt City Clerk Councilman Couchmanmoved adoption of the resolution.Second - ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler. Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 243-69 RESOLUTION Approving Pat of Lot B of Vacated Alley in Lori- mer's Sub. WHEREAS there has been filed with the City Clerk a plat in which Lot B of Vacated Alley in Lorimer's Subdivision in the City of Dubuque, Iowa is platted as Lot 1 of Lot B and Lot 2 of Lot B thereof 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley 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: RESOLUTION NO. 24469 RESOLUTION Approving Plat of City Lots 260 & S% of 261 in the Original Town of Dubuque. WHEREAS there has been filed with the City Clerk a plat in which City Lots 260 and S% of 261 in the Original Town of Dubuque, Dubu- que County, Iowa is platted as Lot 1 and Lot 2 thereof and, WHEREAS said plat has been ex- amined 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of August A.D., 1969, Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 245-69 WHEREAS, on the 2nd day of December, 1968, the City Council of the City of Dubuque, Iowa passed and approved Ordinance No. 79-68 same being an Ordi- nance authorizing the issuance of parking facilities revenue bonds for the purpose of defraying the cost of acquiring additional off- streetmotor vehicle parking fa cilities in and for the City of Dubuque, Iowa: and Regular Session, August 4,1969 WHEREAS, among other things. Section 13 thereof provides that the City may dispose of any prop- erty constituting a part of the mu- nicipal parking system which is found by resolution of the City Council to be no longer useful or profitable it the operation of the system but the proceeds of any such sale shall be credited to the renewal and improvement fund as an additional credit thereto; and WHEREAS, the following par- cels of real estate as described in the three separate items hereof are no longer useful or profitable in the operation of the system wihch parcels of real estate are described as follows, to -wit: Item 1. Lot 2 of City Lot 204, Lot 2 of City Lot 205, Lot 2 of City Lot 206, Lot 2 of City Lot 207, and Lot 2 of City Lot 208, all in the original Town of Dubuque, Du- buque County, Iowa. ITEM 11. Lot 1 of Lot 2 of Lot 2 of Lot 10, Lot 1 of Lot 2 of Lot 9, Lot 1 of Lot 2 of Lot 8, Lot 1 of Lot 2 of Lot 7, Lot 1 of Lot 2 of W. 40.4' of Lot 6, Lot 1 of Lot 2 of E. 14' of Lot 6, all in Cen- tral Addition; and, Lot 1 of Lot 1 of Lot 1 of Lot 10, Lot 1-B of Vacated Alley, Lot 1 of Lot 2 of Lots 1 and 11, Lot 2 of Lots 1 and 11, Lot 3 of Lots 1 and 11, and Lot 1 of Lot 2 of Lot 4 of Lots 1 and 11 all in Lori- mer's Subdivision: all being in the City of Dubuque, Dubuque County, Iowa. Item Ill. Lot 1 of the Subdivision of City Lot 260 and the South % of City Lot 261 in the original Town of Dubuque, Dubuque County, Iowa. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the parcels of real estate described in the sepa- rate items I to III inclusive here. inabove be and the same are found by the City Council of the City of Dubuque, Iowa to be no longer useful or profitable in the operation of the Municipal Park. ing System and the disposal there. of is herewith approved. Section 2. That the items of real estate hereinabove described in Item I to III inclusive be and the same are hereby designated re. spectively for street purposes and for portion of the Central Fire Station facility. Section 3. That for the real es. tate described in Item I hereof, that the City Auditor be and he is hereby instructed and directed to transfer the amount of $26,000.00 from the road use tax fund and transfer same to the Renewal and Improvement Fund of the Munici pal Parking System. Section 4. That the City Auditor be and he is hereby ordered to transfer from the Road Use Tax Fund to the Renewal and Improve- ment Fund of the Municipal Park- ing System the sum of $32,000.00. to cover value of real estate in Item II. Section 5. That the City Auditor he and he is hereby authorized and directed to transfer the sum of $45,000.00 from the Central Fire Station Construction account to the Renewal and Improvement Fund of the Municipal Parking System to cover real estate in Item III. Passed, approved and adopted this 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution subject to approval of the City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO, 246-69 Approving the Fixed -Price Com- petition Method for Offering Cer. tain land in the Downtown Ur. ban Renewal Project, Iowa R-15, to Private Developers for Rede- velopment WHEREAS, under date of Jule 26, 1967, the City of Dubuque and the United States of America enter. Regular Session, August 4, 1969 341 ed into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date of May 18, 1967, the Council of the City of Dubuque, after a Public Hearing, duly adopted an Urban Renewal Plan for said Project and which Urban Renewal Plan is on file in the Office of the City Clerk and is recorded in the Office of the Recorder of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 235 to 259; and WHEREAS, pursuant to such Urban Renewal Plan and Loan and Capital Grant Contract, the City of Dubuque has and is acquiring land, relocating site occupants, removing structures and other improvements and constructing and reconstruct- ing site improvements and public facilities; and WHEREAS, the Urban Renewal Plan provides for the sale of cer- tain land for redevelopment by pri. vate developers; and WHEREAS, the Fixed -Price Com- petition method permits the sale of land on criteria and factors other than price and in the best interests of the Urban Renewal Project and the City of Dubuque, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the documents pertaining to a proposed Fixed - Price Competition offering of cer- tain parcels of real estate set forth in such documents, a copy of which documents are made a part hereof and filed of record in the Office of the City Clerk, as they may he revised as necessary to comply with the requirements of the Department of Housing and Urban Development, are hereby ap- proved. Section 2. That the Fixed -Price Competition Method of offering certain land for sale for redevel- opment by private developers is the appropriate method of making the land available for redevelop. ment. Section 3. That the price for the disposal of each parcel includec in the proposed offering has beer determined to be not less than the fair price for the land for uses it accordance with the Urban Renew - ,l Plan and said prices are hereby approved. Section 4. That the City Manager and the Director of Urban Renewal be and are hereby authorized and firected to proceed with the pro- posed disposal of the parcels set forth in the attached documents in accordance with the proposed disposal procedure and all other applicable requirements. Section S. That the City Clerk be and he is hereby authorized and directed to publish "Invitation for Proposals" for the sale of certain parcels of real estate, in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt, City Clerk EXHIBIT "A" DISPOSITION FORM NO. 1 INVITATION FOR PROPOSALS The City of Dubuque, Iowa in- vites proposals for the purchase and redevelopment of property in the Downtown Urban Renewal Project, Iowa R-15. The land avail- able for sale is located generally between Iowa Street and Central Avenue from 9th Street to 4th Street and on the northeast corner of 8th Street and Locust Street. The land consists of the following parcels. Parcel Approximate No. Square Feet Use 1-1 28,763 Commercial Services 1.3 3,802 Commercial Services 2.1 16,377 Commercial Services 2-2 23,055 Commercial Services 2.3 23,055 Commercial Services 2-6 9,163 Commercial Services 3.1 21,624 Commercial Services 3.2 23,301 Commercial Services 3.3 5.620 Commercial Services 3.8 7,963 Commercial Services 3-9 6,057 Commercial Services 10.10 6,532 Central Business tD s. rict Full information, instructions and bid documents needed to pre• pare proposals may be obtained by 342 Regular Session, August 4, 1969 depositing $10.00 with the Depart- ment of Urban Renewal, Suite 10-B, Fischer Building, Dubuque, Iowa, for each set of Documents. Each such deposit shall be refunded if the Documents are returned in good condition within 30 days after bid opening. All proposals must be received at the office of the City Clerk, City Hall, 13th Street and Central Av- enue, Dubuque, Iowa, no later than 10:00 A.M. CDST, on September 15, 1969, at which time all bids will be publicly opened and read in Council Chambers. Each proposal must be accom- panied by a good faith deposit in the form of a certified check or bank draft payable to the City of Dubuque, or a satisfactory bid bond, in an amount equal to 10% of the amount of the offer. Additional information concern- ing the City of Dubuque's Land Marketing Program for the Urban Renewal Project may be obtained from Gent M. Wittenberg, Director of Urban Renewal. Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas— Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 247.69 Preliminary Estimate and ap- proval of plans and specifications, form of contract, and all other documents for the construction of City of Dubuque Civil Defense Warning Siren Plaza #20, in the estimated amount of $3930 pre- sented and read. Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 246.69 WHEREAS, proposed plans, spe- cifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show. ing among other things the fol. lowing: 1. An estimate of the cost of the proposed improvement for the City of Dubuque CIVIL DEFENSE WARNING SIREN—Plaza #20. 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 oNcners 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 'afety Fund 0407-0201. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 4th day of August, 1969. Approved and placed on file for final action. Approved: Walter A. Pregler Mayor Sylvester McCauley 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 Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. (Ordering Construction) RESOLUTION NO. 249.69 13E 11' RESOLVED by the City Council of the City of Dubuque Regular Session, August 4, 1969 343 that pursuant to a Resolution of i Necessity No. 248-69 which was duly passed by this Council for the CITY OF DUBUQUE—CIVIL DEFENSE WARNING SIREN — plaza #20 obe rdered nandh the same are hereby constructed here by this Council upon its own mo- tion and with or without the pe- tition of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fications 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 Public Safety Fund 0407-0201. 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 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 August, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Peas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 250-69 WHEREAS, the City Council of the City onf 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 the CITY OF DEFENSE Plaza X20 for public inspection DUBUQUE --- CIVIL WARNING SIREN— BE IT THEREFORE RESOLVED that on the 251h day of August. 1969 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 appear and make objection to the proposed plans and specifications and pro- posed form of contract, to the cost of the improvement 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 which shall be not less than ten (10) days prior to the day fixed for its con- sideration, and said Clerk is fur. ther instructed to advertise for proposals for the construction of the aforementioned improvement. Passed, adopted and approved this 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 251-69 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. Pete's Coffee Shoppe, 2199 Univer- sity Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. 344 Regular Session, August 4, 1969 Passed, adopted and approved this 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 252.69 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 Ramona Fettgather, 1103 Iowa Street Aluert J. Ney, 1842 Central Ave- nue Creslanes Bowling, Inc., 255 South Main Street CLASS "C" BEER PERMIT Vincent Ginter, 3003 Asbury Street Passed, adopted and approved this 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 25369 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 di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Ramona Fettgather, 1103 Iowa Street Albert J. Ney, 1842 Central Avenue Creslanes Bowling, Inc., 255 South Main Street 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 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 254.69 WHEREAS, applications f or Liquor Permits have been submit- ted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED, by the City Council of the City of 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. Regidar Session, August 4, 1969 345 CLASS "C" COMMERCIAL ESTABLISHMENT Melvin A. Spiegelhalter, 10291/,' Main Street Passed, adopted and approved this 4th day Wa69. ter At Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen men Couchman, Meyers, McCauley, Schultz. Nays—None. Mayor Pregler moved that the rules be suspended in order to let anyone present address the Coun• cil if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—None. Attest: Leo F. Frommelt City Clerk b,ayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 255.69 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, 1029% Main Street Passed, adopted and approved this 4th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas --Mayor Pregler, Council - Mr. Michael Remakel of 1390 Reeder Street addressed the Coun- cil relative to the condition of the alley behind the Del Farm Store on Dodge Street. Due to the heavy rains the alley seems to be wash- ing away and is gradually eroding his property. Mr. Remakel was as- sured that the Engineering Depart- ment would get in touch with the property owners to try to correct the situation, which would prob- ably call for the construction of a wall. There being no further business Councilman Schultz moved to ad- journ. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .F'ebruar !....1.4970. AdoptedF`l h. .1 ...........ruar........ '.. .6...1...1970. .20. .. ...... Councilmen – ................................. Leo F. Frommelt City Clerk 346 Special Session, August 7, 1969 CITY COUNCIL OFFICIAL Special Session, August 7, 1969. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz. City Manager Gil- bert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering Resolution No. 196-69, being a Resolution Proposing the Annexation of Certain Un -Incor- porated Territory to the City of Dubuque Iowa, 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 public hearing on Resolution No. 196-69 being a resolution proposing the annexation of certain described unincorporated territory to the City of Dubuque, Iowa, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by May- or Pregler. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays None. Mayor Pregler moved that the rule be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None, Mr. R. F. Sefzik of 430 Clark Street, stated that the City can- not afford to annex. He raised the question how much would sewer and water rates go up. Mr. Andrew Hauswirth of 911 High Bluff St. pleaded for the Golden Agers by stating that they could not afford anymore taxes. When he purchased the present borne he is living in taxes were $75.00 but now have gone up to an all time high of $242.00 per year. Mr. Sherman Mapes, General Manager of John Deere read a pre. pared statement in opposition to annexation. He was of the opinion the proposed annexation is pre. mature. The City has very little to offer. Mr. Howard Remley, attorney from Anamosa Iowa, representing people in the proposed annexation area protested as to the physical arrangements. Due to the overflow crowd quite a few persons were obliged to stay in the hallway, out- side the Council Chamber. and they were being denied the right of free speech. He presented a petition of objectors signed by 214 owners, in- volving 256 persons, and repre- senting 85% objection. He was of the opinion that annexation as proposed was nothing more than a simple tax grab and that the City will not be able to provide reason- able services within a reasonable time. He suggested that the City try voluntary annexation. He also objected to the speed and secrecy in promoting the annexation and a closed session with John Deere. The motives involved are not in the best interest of the whole area and it is evident that the City is making a grab for taxes from the John Deere plant. The move on the part of the City will create more problems than they would be able to solve. It is quite evident that the City Council has their minds made up. Mr. Nick Grevas of Gardner's Lane spoke in opposition to the proposed annexation. Mr. Merlin Freiburger of Sage- ville Road stated that the pro posed annexation is only for tax purposes. He cautioned the City Engineer relative to the use of the drainage ditch that was assessed and paid for by the abutting prop -erty owners. Mr. Richard Ifessling of 434 W. Locust St. raised the question as to police and fire protection. Mr. Stan Sear of the South John Deere Road and Vice Chairman of the opposition group, presented and read a written statement stating various reasons against the annexation and further stated that the tax payers in the area would not be able to meet the demands of the City. Special Session, August 7, 1969 347 Mr. Bob Boleyn of Boleyn Road, posed the question outside of taxes what is it. Mr. Dave Boffeli is presently building a home on W. 32nd Street but could not get water connec- tion and he stated that as a result. he has been forced to dig a well. Mr. Howard Bushman stated that the money spent is not showing in Dubuque. Mr. Paul Kress of John Deere Road raised the question when would the area get sewer and water if annexed. As soon as the area is annexed th^y would loose the Sherrill fire protection. Ile further asked why do you want us in the City. Mr. Gene Konrardy of John Deere Road made inquiry as to getting the water to 32nd street. Mr. George Peters of Ilawkeye Heights wanted to know if any of the Councilmen had an interest in the area. Mr. Joseph Orton of Boleyn Road inquired about the septic system and if it would fail who would pay. Mr. Elmer Bleilie of Peru Road and Norm Kersch of Boleyn Road were concerned about services and the water problem at ,Peru and Sheridan Road. Mrs. Janet Jones of 1951 Alta Vista Street was of the opinion that the proposed annexation was a mat- ter of moral right and justice. The people living on the fringes of the City are enjoying advantages of the City. We have something to offer them and they have something to offer us. Mr. Ray Taylor of R. R. #1, Chairman of the County Taxpayer's Assn' stated that. as a city home owner he hoped they would not raise his taxes. The association op- poses annexation. Some of the land in the proposed area would come under Agricultural Land tax ex- emption. The County cannot afford to lose John Deere. It looks to him like a kidnap of 4000 acres of land. Debt limits can be raised. There is rumor of a City income tax, re- assessment of valuations of prop erty plus the proposed annexation and he pleaded to stop excessive spending. The dreams of today must be shelved for a while. Mr. W. Tschiggfrie of Gardner': Lane asked why not have a place arse enough to accomodate the )eople so all could be heard. Also ,ould we have a guarantee not to lave a raise in taxes. Mr. Martin Cooney, attorney for John Deere, stated that there is not one thing that the City could fur- nish John Deere that they do not now have. They have bus lines, parking lots, better fire protection than the City could furnish and a Sewage Disposal Plant. Is it not better to decide this issue on the merits now. Miss Bushman stated that it looks hike a tax grab. The people involved have the necessities of life. Leave them alone. Marie Hedrick of Peru Road spoke in opposition to annexation. Mr. Norb Link is presently build- ing a home in the proposed annex- ation area. How long would it be before he got services. It took ap- proximately 60 years before the residents of W. 32nd Street got water. City Engineer John White, Fire Chief Dunphy. Water Superin- tendent J. J. Hail, Street Commis- sioner Cletus Allen all presented their views on what the newly an- nexed area could expect in the line of various city services. Mr. Glen Wersinger of 1413 Lincoln inquired how could you get water where there are no fire hy- drants. The area will not have enough fire or police protection. Mrs. Clarence Bauman stated that she called eleven insurance companies and only one said that the area would possibly receive a 30`"reduction in fire rates. The remainder of the companies stated that there would be no rate reduc. tion. Eleanor Bateman of 3232 Sheridan Road complained as to the shortage of room available to present their case to the City Council. Gerald Bennett of 2311 Queen had contemplated building a home in the proposed annexation area but could no longer afford to do SO. At 11:30 P. M. Mayor Pregler moved that discussion Seconded by councilman Couch. man. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. 348 Special Session. August 7, 1969 RESOLUTION NO. 19669 WHEREAS, the City Manager of the Citv of Dubuque has recom- mended to the City Council of City of Dubuque that the here- inafter described unincorporated territory adjoining the City of Du- buque be annexed thereto and be made a part of the City of Du- buque, and 1WHEREAS, on the 7th day of August, 1969, at a meeting held in the City Council Chamber in the City Hall in the City of Du- buque at 7:30 o'clock P.M. (Central Daylight Savings Time) pursuant to notice published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on the 301h day of July, 1969, and on the 6th day of August, 1969, the within Resolution was considered by the City Council of City of Dubuque, at which time and place all objec- tors thereto and all proponents for such annexation were given an op- portunity to be heard; and WHEREAS, after hearing all ob- jectors thereto and proponents for such annexation, the City Council is of the considered opinion that the territory hereinafter described should be annexed to and become a part of the City of Dubuque; and WHEREAS, under the provisions of Section 362.26 of the 1966 Code of Iowa as amended, said proposal must be submitted to the voters of the City of Dubuque before final adoption; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the territory de- scribed in Section 2 hereof, be annexed to and become a part of the City of Dubuque, Iowa, on the completion of the proceedings provided for in Section 362.26 of the 1966 Code of Iowa, as amended. Section 2. That a Special Elec- tion be and the same is hereby ordered held on the 7th day of October, 1969, at which Special Election there shall be submitted to the voters of the City of Du- buque, Dubuque County, Iowa, the following proposition to -wit: "Shall the proposition to annex the territory described as follows: Commencing at the existing City Limits at a point on the northwest corner of Section 14 T89N 112E of the 5th P.M., thence east along the Section Line between Section 11 and Section 14, both in T89N R2E of the 5th P.M. to the north- east corner of Section 14, thence east along the Section Line be. tween Section 12 and Section 13, both in T89N R2E of the 5th P.M. to a point on the southeast corner of the SWIa of Section 12 T89N R2E of the 5.h P.M., thence north along the cast line of the SW?4 of Section 12 to the center point of Section 12, thence east a distance of one thousand nine hundred and eighty-four feet (1,9841) to the northeast corner of Lot 1 of Lot 1 of Bethany Addition in Section 12, thence south a distance of seven hundred and twenty-nine feet (729') to the northwest corner of Lot 2 of Lot 1 of the NEI,,a of the SEI/4 of Section 12, thence east a distance of six hundred fifty-five feet (655') to the northeast corner of Lot 2 of Lot 1 of the NEI,a of the SE'4 of Section 12, thence north along the Section Line be- tween Section 12 T89N R2E of the 5th P.M. and Section 7 T89N R3E of the 5th P.M. to the north- west corner of Section 7, thence north along the Section Line be- tween Section 1 T89N R2E of the 5th P.M. and Section 6 T89N R3E of the 5th P.M. to a point on the southeast corner of I.ot 2 of Lot 1 of Lot 6 of the Fountainhill Re- subdivision in Section 1, thence northwesterly a distance of six hundred eleven and four tenths feet (611.41) along a line bearing N. 61'25'W, thence southwesterly a distance of two hundred eighteen feet (2181) along a line bearing S46040'W, thence northwesterly a a distance of ninety-one and three tenths feet (91.31 along a line bearing N50,IWW, thence norther- ly a distance of one hundred fifty- nine and two tenths feet (159.21 along a line bearing N3°W, thence northwesterly a distance of eighty- nine and three tenths feet (89.3') along a line bearing N26 50'W, thence northwesterly a distance of five hundred seventy-eight and five tenths feet (578.5') along a line bearing N61 °25'W, thence north a distance of two hundred fifty-eight and four tenths feet (258.41), thence southeasterly a distance of four Special Session, August 7, 1969 349 hundred ninety and eight tenthseasterly along the west line of al (490.8') along a line bearing Lot in the NWi/a of Section 2 feet ,go53T, thence southeasterly a to the northwest corner of Lot 22 of one thousand six hun- of Section 2 T. 89 R2E of the 5th distance dred seventy-eight and nine -tenths Y.M., thence southeasterly along feet (1,678.9') along a line bearing the west line of Lot 22 of Section thence southeasterly a dis• 2 to the northwest corner of Lot Sbo,b, of three hundred tw,nty- 2 of Lot 28 of Section 2 T89N tance and four Lentos Leet co;:i.41) R2E of the 5th P.M., thence south. three along a line bearing a76 i.i i., easterly a distance of seven hun- taerwe nortneasteriy a distance of dred eight and eighty-four hun- tunety-seven and sixty-eight hun- dredths feet (708.841) along the dredths feet W*1-60') along a line west lines of Lot 2 of Lot 28 in bearing Nsa-iblt, thence south- Section 2 and of Lot 1 of Lot 1 a distance of seven nun- of Lot 1 of Lot 1 of Lot 1 of Lot 1 easterly dred twenty-four feet ti24') along of Lot 1 of Lot 28 in Section 2 line nearing ab4,E, thence soutn- to the southwest corner of Lot 1 a a distance of four hundred of Lot 1 of Lot 1 of Lot 1 of Lot 1 easterly sixty-two feet (4b2') along a tine beanng Sob -E, thence southeaster- of Lot 1 of Lot 1 of Lot 28 in Section 2, thence westerly a dW, ly a custance of eight hundred tance ofa line six feet 6 eight and five tenths feet tbU8.5) g thence south - along a line bearing SbU-Wz, westerly a distance of two hundred tnence soutneasterly a distance of twenty-seven and seven tenths feet hundred sixty-five feet 1165) (227.71) along a line bearing S350 one along a line bearing 541-3U'r:, 301W, thence southeasterly a dis- tance of three hundred twenty - thence east to the Boundary Line three and four tenths feet (323.4') between the State of Iowa and the State of Wisconsin, thence along a line bearing S271'E, thence northerly along said fioundary southeasterly a distance of two hundred eighty and five tenths Line to the point of its intersac- tion with the eastward projection feet (280.51) along a line bearing of the south line of the Nifs of S670E, thence northeasterly a dis- ofapproximately ne hun Section 26 119ON R2E of the 5th t 11 dred et P.M., thence west along the pro- jected line of the south line of line bearing to the south g the N% of Section 26 to the south. line of Lot 11 of Block 2 of the in Section 2 east corner of the N % of Section Breiner Subdivision T89N R2E of the 5th P.M., thence 26, thence west along the south line of the N i/a of Section 26 to southeasterly along the southerly of Block 2 of the Breiner Sub - the southwest corner of the N% one division in Section 2 to its inter. of Section 26, thence south along section with the northwesterly line the Section Line between Section in T90N of the Right-of-way of State of 26 and Section 27, both Iowa Highway Number Three Hun - UE of the 5th P.M. to the north. dred Eighty -Six (No. 386), thence east corner of Section 34 T9UN southerly along said line of said R2E of the 5th P.M., thence south Right -of -Way to a point where along the Section Line between said line intersects the northerly Section 34 and Section 35, both of the westerly line of in T90N R2E of the 5th P.M. to projection Lot 2 of Lot 2 of Lot 5 of the the north line of Section 3 T89N NWY4 of Section 11 T89N R2E of R2E of the 5th P.M., thence east the 5th P.M., thence southerly along the north line of Section 3 along said projection of the west - to the northwest corner of Section of Lot 2 f Lot 2 of erlof lineof 2 T89N R2E of the 5th P.M., thence t of Section 11 to south along the Section Line be- the northwest corner of Lot 2 of tween Section 2 and Section 3, Lot 2 of Lot 5 of the NW'/a of both in T89N N R2E of the 5th P.M. Section 11, thence southerly a dis- to the southwest corner of Lot 17 tance of two hundred eight and R the NWYa of Section 2 'TeaN of the 5th P.M., thence east seven tenths feet (208.71) along line of Lot 2 of Lot along the south line of Lot 17 in alo the westerly 2 of Lot 5 of the NWY4 of Section the NWY4 of Section 2 to the 11 to a point on the northwest northwest corner of Lot 18 in the Lot 2 of Lot 1 of Lot 1 NWY4 of Section 2, thence south- corner of 350 Special Session, August 7, 1969 of Lot 1 of Lot 2 of Northome Place in Section 11 T89N R2E of the 5th P.M.. thence easterly along the northerly line of Lot 2 of Lot I of Lot 1 of Lot 1 of Lot 2of Northome Place a distance of three hundred sixty-three and five tenths feet (363.5n to the northeasterly corner of said Lot, thence south- erly along the easterly line of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place to the northeasterly corner of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place in Section 11 T89N R2E of the 5th P.M., thence southerly along the easterly line of Lot 1 of Lot 1 of Lot 1 of I.ot I of Lot 1 of I.ot 2 of Northome Place to the south. easterly corner of said Lot, thence easterly along the northerly line of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Northome Place in Section it T89N R2E of the 5th P.M. to the northeasterly corner of said lot, thence southerly a distance of three hundred forty-five and two hundredths feet (345.021) in a direct course to the northeasterly corner of Lot 2 of Lot 1 of Lot 1 Of Lot 1 of Lot 1 of Lot i of Lot 1 of Lot 1 of Northome Place in Section 11 T89N R2E of the 5th P.M., thence westerly a distance of seven hundred thirty-seven and ninety-eight hundredths feet (737.. 981) along the northerly line of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Northome Place in Section 11 to the northwesterly corner of said Lot, thence westerly a distance of fifty feet (501) along the northerly tine of Lot 1 of Lot 2 of Lot 2 of Lot 1. of Lot I of I.ot 1 of Lot 1 of Northome Place in Section 11 to the easterly line of the Right - of -Way of United States Highway Number Fifty -Two (No. 52) and State of Iowa Highway Number Three (No. 3), thence southerly along the easterly line of the Right - of -Way of said Highway to the in- tersection of said Right -of -Way line with the south line of the N% of Section 11 T89N R2F, of the 5th P.M., thence westerly along the south line of the N% of Sec- tion 11 to the southwest corner of the N% of Section 11, thence south along the Section Line between Section 10 and Section 11, both in T89N R2E of the 5th P.M. to the northwest corner of Section 14 T89N R2E of the 5th P.M. being the point of beginning. in Resolution No. 196-69 passed, adopted and approved by the City Council of City of Dubuque, Tnwa, on the 7th day of August, 1989, be approved?" Section 3. That a Plat of the ter- ritory proposed to be annexed Is heretn attached, marked Exhibit "A" and by reference made a part hereof. Section 4. That the City Clerk be and he is herebv authorized and directed to publish notice of cubrnission of said pronnsition to the voters of the City of Dubunue, Iowa, by publication in the Tele. eraph-Herald. a newcnaner of gen- oral circulation published in the Citv of Dubuque, Iowa. once each week for three (3) consecutive weeks in the manner provided by Chapter 618 Code of Iowa. Passed, adnnted and lnnroved this 7th day of August 1969, Waiter A. Preeler Mavor Svlvrgter McCauley Merlin F. Schultz Donald R. Mevers Gaylord M. Cnuchman Councilmen Attest: Len F. Frommelt, City Clerk. Councilman McCauley moved adontion of the resolution. Seennd- ed by Mavor Preeler. Carried by the followine vote: Yeas — Mayor Preeler. Cnuncil- rnen Couchman. Mevers. McCaulev. Nays—Councilman Schultz. Mavor Pregler moved that a ref- erendum be held on the proposed annexation on October 7, 1969. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Preeler, Council- men Couchman, Mevers, McCau- ley. Nays — Councilman Schultz. Mayor Pregler moved that the petitions and statements presented at the meeting be received and filed. Seconded by Councilman Schultz. Carried by the follow- ing vote: Yeas — Mayor Pregler. Council- men Couchman, Meyers, McCauley. Schultz. Nays — None. Special Session, August 7, 1969 351 RESOLUTION NO. 25669 Authoriting the Execution of Demolition Contract No. 1.69 for the Downtown Urban Renew- al Proiect, Iowa R•15. WHEREAS, under date of June 23, 1969, 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 Proj- ect, Iowa R-15; and Whereas, an Invitation for Bids for the said work was published on June 30, 1969 and July 7, 1969 in The Telegraph -Herald, a news- paper of general circulation in Du- buque, Iowa; and WHEREAS, an Invitation for Bids was mailed on June 27, 1969 to various contractors; and WHEREAS, four sealed propo- sals were received, opened and read aloud by the City Clerk in Council Chambers at 1000 A.M., July 11, 1969, Central Daylight Time; and WHEREAS, it has been deter- mined that the awarding of De- molition Contract No. 1-69 to the lowest bidder is in the best inter- ests of the City of Dubuque in un- dertaking the Downtown Urban Renewal Project, Iowa R-15; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Demolition Con- tract No. 1-69 for Demolition and Site Clearance of certain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15, be awarded to the lowest bidder, Dore Wrecking Company of Kaw- kawlin, Michigan, at a cost not to exceed $114,463.00. Section 2. That the City Manager be and he is hereby authorized and directed to execute the afore- mentioned contract on behalf of the City of Dubuque for the com- plete performance of the work. Passed, approved and adopted this 7th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk. Mayor Pregler moved adoption of the resolution subject to writ- ten approval of H. U. D. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. There being no further business Councilman Schultz moved to ad- journ. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Leo F. Frommelt, City Clerk. Approved February 16,1970 Adopted February 16,1970 A52 Special Session, August 11, 1969 CITY COUNCIL OFFICIAL Special Session, August 11, 1969. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Pregler, Coun- cilmen Couchman Meyers, McCau- ley, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Re. viewing Bids Submitted for the Construction of Concrete Paving with Integral Curb Project No. 1 and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. August 7, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning Commission has reviewed a request to have certain property reclassified from Single Family Residence to Mul- tiple residence. The property is described as Block "A," Oak Brook Subdivision. This property is part of a sub- division that was planned as a single family residence area. A portion of the subdivision adjacent to Pennsylvania Avenue has been improved. Block "A" lies between the improved part of the subdivi- sion and the Catfish Creek. The property directly east is oc- cupied by single family residencbs that back onto this property. The area directly south and west is undeveloped and is a part of the Catfish Creek. Land across the Catfish Creek is classified light industrial and Local Business "B" and has access to Kennedy Road. Access to the property in ques- tion is from Butterfield Road. It was the Commission's opinion that the proposal would not ef. fect the single family residential area to the east because access would be from separate streets. The Commission recognized that traffic would be increased on But- terfield Road between the pro- opsed development and Pennsyl. vania Avenue and that it might necessitate removal of parking from one side of the street. It was the opinion of the Com- mission that the development along Kennedy Road has had some affect on the potential develop- ment of this area as a single fam. ily residence area. The general opinion of the Com- mission was that multiple resi. dence would be a use compatible with the surrounding development, that there is a growing need for apartments and that the affect on the abutting property of the in. creased traffic on Butterfield Road would be minimal. It is the recommendation of the Commission that Block "A," Oak Brook Subdivision be reclassified from single family residence to multiple residence. Respectfully submitted, CITY PLANNING & ZONING COMMISSION Donald Gilson Mayor Pregler moved that the recommendation be referred for proper proceedings. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Communication of American Re- habilitation Foundation stating that they are putting their cam- paign organization together at this time but will withhold the actual campaign until November 1 upon completion of the United Fund Campaign, presented and read. Mayor Pregler moved approval contingent upon approval of the City Manager. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Communication of F. E. Bissell Jr. submitting his resignation as a member of the Planning & Zoning Commission, presented and read. Mayor Pregler moved that the res- ignation be accepted with regret and respect and the Clerk be in- structed to draw a resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. Special Session, August 11, 1969 353 Communication Council Henrietta a- terman urging the what could be done to retain the present bus routes and schedules, presented and read. Councilman Schultz moved that the communi- cation be received and filed. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Mayor Pregler moved that a copy of the Raterman communica- tion be sent to the Interstate Pow- er Co. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, 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 etc. for construction of 1969 Concrete Paving Project with Integral Curb No. 1, 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. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of the receipt of proposals for the construction of 1969 Con- crete Paving Project with Integral Curb No. 1, Flfth Street from west curb line of Central Avenue to east curb line of Locust Street. Ninth Street from west curb line of Bluff Street west through and including the intersection of Ifill Street, University Avenue and Eighth Street, presented and read. Councilman Meyers moved that the Proof of publication be received and filed. Seconded by Mayor Preg ler. Carried by the following vote Yeas—Mayor Pregler, Council men Couchman, Meyers, McCauley Schultz. Nays --.None. August 7, 1969 ro the Honorable Mayor +nd City Council 1entlemen: Pursuant to your instructions, 4ealed bids were received until 10:00 A.M. Monday, August 7, 1969 f+)r the City of Dubuque 1969 Con- crete Paving Project with Integral Curb No. 1. The lowest bid entered was by the Thomas Flynn Company, Inc. Their bid was 20.13`"0 over the es- timate. I recommend that the bids for this improvement be rejected and another letting be held in the near future, Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the recommendation of the City Manager be approved. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. 'gays—None. Notice of Claim of Mrs. Am- brose Agnitsch of 1196 Kelly Lane, in an estimated amount of $88.48, for car damage incurred as the re- sult of striking a loose manhole cover at Walnut and Jefferson Streets on July 23, 1969, pre- sei,ted and read. Councilman Mey. ers moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays --None. Notice of Claim of Mrs. Kenneth Link of 1676 Auburn Street, in the amount of $6.18, for car danr age incurred as the result of strik- ing a plank at the Heeb Street cave-in on .June 10, 1969, present- ed and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays --None. 354 Special Session. August 11, 1969 Petition of Timmerman Con- struction Co. requesting rezoning of Block C and D and a portion of Block A in Highland Subdivision from Single Family to Multiple Family Classification, presented and read. Mayor Pregier moved that the petition be referred to the Planning & Zoning Commis. sion. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Petition of Mrs. Robert .Jordan of 645 Lorimer St. requesting a refund on a market license issued to her children to operate a vege- table stand on the corner of Grandview & Delhi, presented and read. Mayor Pregler moved that a warrant be drawn contingent up- on close of the season. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. Petition of Judith A. Schiel re- questing a refund of $75.00 on the unexpired portion of cigarette license No. 233, as she has dis- continued business on August 4, 1969, presented and read. Coun- cilman Meyers moved that the pe- tition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 257-69 ..Resolution authorizing Mayor to execute Quit Claim Deed: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor and the City Clerk be and they are hereby authorized and empowered to execute a Quit Claim Deed wherein the City of Dubuque, Iowa conveys to Dorothy Louise Cartigny Thill the following de- scribed real estate: That portion of Troy Street 10 feet in width immediately adja- cent to Lot 15 in High Street Subdivision in the City of Du. buque, Iowa, enclosed by the ex. tension of the lateral lot lines of said Lot 15 and the City Clerk be and he is hereby authorized and directed to deliver said Quit Claim Deed. Passed, approved and adopted this 11th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman Meyers, McCau. ley, Schultz. Nays—None. August 8, 1969 Honorable Mayor Members of City Council Gentlemen: The City Planning and Zoning Commission has reviewed a plat of Block 18 and 19 in Steger Heights. The plat conforms to the proposed plat for the area and meets the minimum requirements of the subdivision regulations. It is the recommendation of the Commission that the plat be ap- proved. Respectfully submitted, City Planning and Zoning Commission Don Gilson, City Planner Mayor Pregler moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays—None. RESOLUTION NO. 258.69 Resolution Approving the Plat of Block 18 & Block 19 in Steger Heights in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 18 and Block 19 in Steger heights Special Session, August 11, 1969 355 in the City of Dubuque, Iowa, by Fay Thomas Steger and Calista Ann Steger; and WHEREAS, upon said plat ap- pear streets to be known as Min- eral Street, 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 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 Mineral Street 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 and Block 19 in Steger Heights 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, up- on said plat, provided the owners of said property 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 Mineral Street 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 submit- ted 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; 1'. 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 approved by the City Manager; g. To maintain the foregoing improvements for a period of of four (4) years from the date 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, Fay Thomas Steger and Calista Ann Steger, as owner; i. To construct said improve- ments except sidewalks, prior to July 28, 1971, and to con. struct the sidewalks prior to July 28, 1973; and further provided that said Faye Thomas Steger and Calista Ann Steger, as owner of said Sub- division, secure the performance of the foregoing conditions by provid- ing security in such form and with such sureties as may be. acceptable to the City Manager. Section 3. That in the event Fay Thomas Steger and Calista Ann Steger, shall fail to execute the ac- ceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions here- of 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 11th day of August, A.D., 1989. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk SI-ecial Session, August 11, 1969 ACCEPTANCE OF RESOLUTION NO. 258.69 We, the undersigned Fay Thomas Steger and Calista Ann Steger hav- ing read the terms and conditions of the foregoing Resolution No. 258.69 and being familiar with the conditions thereof, hereby ac- cept the same and agree to per- form the conditions required there- in. Dated at Dubuque, Iowa, this 11th day of August, 1969. Fay Thomas Steger Calista Ann Steger TO: LEO F. FROMMELT CITY CLERK This is to certify that the secur- ity provided by the foregoing RE- SOLUTION NO. 258-69 has been furnished by the owners. Dated at Dubuque, Iowa, this 23rd day of September, 1969. Gilbert D. Chavenelle City Manager By Leo F. Frommelt Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Corried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 259.69 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 interest that the property hereinafter de- scribed be acquired; now therefore Be it resolved by the Council of the City of Dubuque, Iowa Section 1. That the following de- scribed real estate owned by the persons indicated, be and the same should be acquired to implement the Urban Renewal Plan for the Downtown Renewal Project, Iowa R-15. Owner Property Description William K. Stevens, Lot 25 in the City of Dubuque, Iowa, according to the United States Commission. ers' Map thereof (Parcel 5-8) William K. Stevens, Lot 1 of Northerly One-half of City Lot 22, in the City of Dubuque, Iowa, ac. cording to Plat, thereof in Book of Plats 21 at Page 209, records of Dubuque County, Iowa. (Parcel 8-4) Mary Louise Bradley Chalmers, et al, Lot 751 and the North Two• thirds of the North One-half of Lot 750 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubuque. (Par. cel 9.1) Mary Louise Bradley Chalmers, et al, The South Two-thirds of Lot 748 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa. (Par- cel 9-5) Mary Louise Bradley Chalmers, et al, The North One-third of Lot 748 in the City of Dubuque, Iowa, according to the United States Com- missioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 9.6) Mary Louise Bradley Chalmers, et al, The South two-thirds of the South One-half of Lot 750 in the City of Dubuque, Iowa, according to the United States Commission- ers' Map of the Town (now City) of Dubuque (sometimes described as the South one-third of Lot 750 in the City of Dubuque, Iowa, accord- ing to the United States Commis- sioners' Map of the Town of Du- buque, Iowa.) (Parcel 9-10) Section 2. That the Director of the Department of Urban Renewal for the City of Dubuque, Iowa, be and he is hereby directed to cause condemnation proceedings be insti- tuted as is provided by law to ac- quire said real estate hereinbefore described, and the said Director of the Department of Urban Re- newal is hereby authorized to do any and all things necessary and requisite to such condemnation pro- ceedings. Passed, approved and adopted this 11th day of August, 1969. Walter A. Pregler Mayor Special Session, August 11, 1969 357 Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler. Council. men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 260.69 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, applica- tionsthat the following pP tions be granted and licenses be is- sued upon the compliance with the terms of the ordinances of the City. CLASS 'B" BEER PERMIT Riverside Bowl, Inc., 1860 Haw- thorne Street Passed, adopted and approved this 11th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchmanmoved adoption of the resolution.Second ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 261.69 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 comP13 with the ordinances of this City and they have filed proper bonds NOW THEREFORE, BE IT RE >OLVED by the City Council of he City of Dubuque, Iowa, that he Manager be and he is hereby iirected to issue to the following lamed applicants a Beer Permit. CLASS "B" BEER PERMIT Riverside Bowl, Inc., 1860 Haw- thorne 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 11th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCau- ley. Schultz. Nays—None. Mayor 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Mr. Michael Remakel of Reeder Street, wanted the Council to be fully aware of the constant erosion of the alley to the rear of the Del Farm property on Dodge Street. City Engineer White mentioned that he is aware of the situation and the owner of the property is to be in the City tomorrow for a conference on the matter. Mr. Re- makel also recommended the Council for staying in touch with the bus situation. There being no further business Councilman Couchman moved to adjourn. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas -- Mayor Pregler, Council- 359 Special Session, August 11, 1969 men Couchman, Meyers, McCauley, Schultz. Nays—None. Leo F. Frommelt City Clerk ru a r.... Approved February 16,1970. Adopted February 16,1970. City Clerk Special Session, August 18, 1969 359 CITY COUNCIL OFFICIAL Special Session, August 18, 1969. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler,Coun- cilmen Meyers, McCauley, Sc City Manager Gilbert D. Chave- nelle. Absent—Councilman Couchman (out of City) Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of SET- TING A DATE OF PUBLIC HEAR- ING ON THE 1970 BUDGET ES- TIMATE and acting uponerlc oth- er business as may p P Y come before a regular meeting of the City Councli. Petition of Edgar M. Dempsey et al that upon removal of dead elms on the north side of Rosedale be- tween Avoca and St. Ambrose Streets that parking restrictions be, removed, and young trees be im- planted, and that wooden standard parking signs be abandoned, pre- sented and read. Councilman Meyers moved that the petition be referred to the City Manager and staff. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Dubuque Park Board requesting amendment of Ordin- ance No. 24-69, Section 30, to in- clude Allison Henderson park in the closing hour regulation from midnight to 7:00 A. M. during the regular park season, presented and read. Mayor Pregler moved that the petition be referred to the Manager and staff for investigation and report. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas—Mayor Pregler, council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Richard C. Henschel requesting installation of street lights on Valentine Drive, present- ed and read. Councilman moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council. men Meyers, McCauley, Schultz, Nays—None. Absent—Councilman Couchman. Petition of V. F. W. requesting permission to conduct buddy poppy sales on September 19th and 20th, presented and read. Councilman Meyers moved approval of the pe. tition subject to approval of the City Manager. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent --Councilman Couchman. Petition of Dubuque Ass'n of the Blind requesting permission to place vending machines in city buildings, fire stations etc. and further requesting replacement of signs 'Blind Man Hhas the Right of Way", presented and read. Mayor Pregler 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 Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Mr. Gagne spoke in support of the petition and seemed anxious to have the Council committed to the restoration of the blind men signs. Mayor Pregler moved that the pe. tition be referred to the City Man. ager and staff for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Petition of Ioannis Sarris re- questing a refund of $75.00 on the unexpired portion of cigarette li- cense No. 230, as he has discon. tinued business on August 1, 1969, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council 360 Special Session, August 18, 1969 men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 262-69 WHEREAS, on the 3rd day of March, 1969, the City Council of Dubuque, Iowa, passed, adopted and approved RESOLUTION NO. 41-69, approving the plat of "SYLVAN PLACE" in the City of Dubuque, Iowa, subject to certain conditions set forth in said Resolu- tion, and WIIEREAS, Section 3 of said Resolution provided that Delbert G. Miller and Frank E. Miller pro- vide security as required in Sec- tion 2 of said Resolution within 45 days from the date of said Resolu- ion; and WHEREAS, the said Delbert G. Miller and Frank E. Miller, have pasted the required security, but due to conditions beyond the con- trol of the City, said security was not posted within the required 45 days from date of Resolution No. 41-69. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the security post- ed by Delbert G. Miller and Frank E. Miller to secure the per- formance of provisions of Section 2 of Resolution No. 41-69 be and the same is hereby approved, and the failure of Delbert G. Miller and Frank E. Miller to post the required security within 45 days of March 3, 1969, be and the same is hereby waived. Section 2. That the terms and provisions set forth in Resolution No. 41-69 be and the same remain in force and effect as though the required security had been posted within the 45 day period as set out in said Resolution. Section 3. That the said Delbert G. Miller and Frank E. Miller ex- ecute the acceptance hereto attach- ed agreeing and accepting the terms and provisions of Resolution No. 41-69 and the terms and pro- visions of Resolution No. 262.69. Passed, adopted and approved this 18th day of August 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen. Attest: Leo F. Frommelt City Clerk. ACCEPTANCE OF RESOLUTION NO. 41.69 AND RESOLUTION NO. 262-69 WE, the undersigned, DELBERT G. MILLER and FRANK E. MIL. LER. having read the terms and conditions of Resolution No. 41.69 and Resolution No. 262-69, and be. ing familiar with the contents thereof hereby accept the same and agree to perform the con. ditions required therein. Delbert G. Miller Frank E. Miller Dated August 15, 1969 Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council. men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. EXHIBIT "A" RESOLUTION No. 263-69 Attachment for Application No....... BE IT RESOLVED BY City of Du- buque Council OF Dubuque, Iowa, THAT Gilbert D. Chavenelle, City Manager, be and he is hereby authorized to execute for and in behalf of City of Dubuque, a pub- lic entity established under the laws of the State of Iowa, this ap- plication and to file it in the ap- propriate State office for the pur- pose of obtaining certain Federal financial assistance under the Fed- eral Disaster Act (Public Law 875, 81st Congress; 42 U.S.C.. 1885- 18558). Passed and approved this 18th day of August, 1969. Walter A. Pregler Mayor CERTIFICATION I, Leo F. Frommelt, duly appoint- ed and City Clerk of Dubuque, Iowa, do hereby certify that the above is a true and correct copY of a resolution passed and ap- proved by the City Council OF Dubuque, Iowa on the 18th day of August, 1969. Date: August 18, 1969 Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Special Session, August 18, 1969 381 Mayor Pregler. Carried by the fol- lowing vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent --Councilman Couchman. August 12, 1969 The Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque 1968 Concrete Paving Project No. 2 — IOWA STREET — from the south proper- ty line of Third Street to the north property line of Tenth Street has been completed in accordance kith the City of Dubuque Plans and Specifications. I, therefore, recommend the ac- ceptance of the above named project. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. FINAL ESTIMATE Resolution No. 264-69 WHEREAS, the contract for the 1968 Concrete Paving Project No. 2 Iowa Street: from the SPL of Third Street to the NPL of Tenth Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and preparing the assessment and plat. now therefore, BE IT RESOLVED, by the Cite Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be. $185,647.05. That $ -0- of the cost thereof shall be assessable upon private proper- ty and $185.647.05 shall be paid from the Road Use Tax and Util- ities Funds of the City of Dubuque, Iowa. Passed, adopted and approved this 18th day of August 1969. Walter A. Pregler Mayor. Sylvester McCauley Merlin F. Schultz Donald R. Meyers. Councilmen Mayor Pregler moved adoption of the resolution. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley. Schultz. Nays—None. Absent—Councilman Couchman. (A Resolution Accepting Improvement) RESOLUTION NO. 265.69 WHEREAS, the contract for the City of Dubuque 1968 Concrete Paving Project N-). 2 IOWA STREET — from the south proper- ty line of Third Street to the north property line of Tenth Street has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE 1T RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Road Use Tax and Utilities Funds upon the above described improvement in amount equal to the amount of his con- tract, less any retained precentage provided for therein. Passed, adopted and approved this 18th day of August, 1969. Walter A. Pregler Mayor. Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk. Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent --Councilman Couchman. 362 Special Session, August 18, 1969 August 18, 1969 TO THE HONORABLE MAYOR AND CITY COUNCIL Gentlemen: I submit to you the budget recommendation for the year 1970. The total expense requirement is $8,660.423.00. It can be financed with a tax rate of 46.1548 mills levied on an estimated $93,944,- 145.00 value of property subject to the property tax. This means that a homeowner whose property is valued at $18,500.00 is purchasing municipal services for $19.23 per month ac- cording to the following break- down: General Administration ..........$ .99 Streets and Tree Trimming .... .79 Police & Fire Protection Court, Ambulance ................ 5.78 Health Protection, Refuse Dis- posal........................................ 1.90 Airport Service .16 Library Service ........................ .81 Street & Traffic Lighting ...... .67 Parks and Recreation ............ 1.76 Principal and Interest Pay- ments on Capital Improve- ments...................................... 3.26 Employees Retirement and Health Insurance .................. 3.11 This homeowner will pay $2.05 more than he is currently paying, essentially to provide better wages and benefits to his employees. Overview Compared to 1969 the pertinent facts are: 1) The property tax increase is due primarily to debt ser vice, state -required employee retirement costs, and im• proved wages. 2) The city's growth rate is healthy. Valuation has in- creased 2% percent. How- ever, the cost of living has increased almost three times as fast. 3) The increased budget is large- ly due to additional street construction, water improve- ments, principal and interest payments, and employee wages and benefits. 4) Revenue from Stat,3 Govern- ment will increase mainly from Road Use Tax Funds and a one time allocation of $60,000.00. This latter pay- ment merely offsets a loss in State revenue for monies and credits and personal house. hold property replacements. 5) City revenue will increase due to earned interest and fees collected for sewer, water, parking, airport, and ambu. lance services. BUDGET CONSTRUCTION CONSIDERATION Despite the healthy growth of vauation it is obvious that the property tax is insufficient to off. set the rising cost of living; there. fore, it was necessary to make the following technical budget adjust. ments: 1) Repayment of the 1967 State Disaster Aid Loan was trans- ferred to Debt Service Fund with approval of State bud. get authority; thereby free- ing the one mill emergency levy to supplement the strain ed Public Safety Fund. 2) On the same authority the cost of the Employee Health Insurance Program is being transferred to the Trust and Agency Fund. 3) The substantial increase of Road Use Tax receipts per- mit the changing of the street sweeping operation from the Sanitation Fund to the Road Use Tax Fund. DISTINCTIVE BUDGET CHARACTERISTICS 1) The fulcrum of the budget is employee wage and fringe benefits. A half million dol- lars was trimmed from justi- fiable department requests to accomplish this purpose. 2) Our bonded indebtedness is less than one-third our bond- ing capacity. This excellent position provides the oppor- tunity to borrow for certain major equipment and pro- gram expense that will ben- efit citizens over a number of years. 3) All revenues and anticipated fund balances are utilized to spread this budget over the full range of public services. PARTICULAR POINTS 1) Employee Wages and Benefits As previously noted the fulcrum of this budget is em- Special Session, August 18, 1969 363 ployee wages and fringe ben- efits. The 1970 wage package in- cluding an improved longevi- ty system; ............$286,698.00 Additional health insurance for employees' families; 40,200.00 Retirement cost for Fire and Police Departments are increased 49 and 32 percent respectively ........$111,565.00 The total benefit package for 1970 is: ........ $438,463.00 In addition, the 1969 wage improvements granted after adoption of the budget must be refinanced in the 1970 budget; ................ $90,835.00 Total ................ $529,298.00 A new pay plan, framed around flat rate increases of at least $504 for all regular, full-time employees, has been designed. There are a few exceptions: a) The Dock Commission employees are not in the city's pay plan. b) Parking Ramp cash- iers will receive a $360 in- crease. c) Part-time recreation and library help. A new longevity system provides a one percent in- crease for each 6 years service rather than a $5 per month benefit for each 7% years service. 2) Management a) A personnel officer has been substituted for a second administrative as- sistant. b) A systems analyst has been provided to imple- ment consultant recom- mendations. Voter regis- tration, parking tickets and water -sewer billing are programmed for conver- sion to E.D.P. in 1970. 3) Support of Outside Agencies Contributions are contin- ued for Alcoholism and Project Concern. No pro- vision has been made to contribute to United Fund and Community Action Program, and provide sep- arate staff for the Human Rights Commission. 4) Road Use Tax Funds It is anticipated that the State allocation will in- crease 30 percent in 1970. This makes it possible to: a) Augment the allocation of funds for street con- struction: b) Finance a large portion of Urban Renewal city share of cost; c) Initiate an equipment garage construction pro- gram; (1) Finance entire snow re- moval and street sweep- ing operation; e) Purchase items of street equipment such as a street painting machine and a traffic signal serv. ice truck. f) Reserve sufficient funds expressway planning. 5) Public Safety Fund The Public Safely Fund offers a most serious fin- ancing challenge. All of the Liquor Sales Profit return have been used to defray a part of th^se costs. Police and Fire services alone would require 60.0 percent of the 30 mill tax limit; therefore, it is necessary to request (a) $65,000 bor- rowing to finance fire equipment and, (b) the use of the emergency mill to support the Public Safety Fund. a) Police: three additional patrolmen are provided; b) Ambulance: It is the budget recom- mendation that the city continue emergency ser- vice, and that that ser. vice be made nearly self- supporting. This requires that fees charged Dubu- que citizens be 0 raised from $8.00 t $2Like- by January 1, wise, fees to non-resi. dents shall be compar- ably increased. The new fee structure will be less than proposed by private 364 Special Session, August 18, 1969 6) h) c) ambulance service. A new ambulance is provided. Municipal Enterprise Fund a) Airport: A 45 percent increase of Airport revenue hay been proposed. There remains a gap between revenue and operating cost; there- fore, it is proposed that needed runway resurfac- ing program be financed by borrowing. Further, that the street paint strip- ing machine to be pur- chased shall be used both for marking streets and airport runways. Finally, that the purchase of mobile fire equipment for the airport be de- layed. Dock Commission: It should be noted that this operation, except for debt retirement, is self supporting. Library: Operational costs of the library have been held to the minimum in order to initiate a mobile library plan that would begin functioning by January 1971. It is recommended that the first commit- ment be made in 1970 by purchasing $20,000 worth of books. 7) Recreation Fund A new salary schedule and promotion plan devel- oped for part-time person- nel by the Recreation Com- mission is included in this budget. Requests for in- creased programs for both the Park and Recreation Departments have been limited to about the 1969 level. 8) Urban Renewal A direct cash payment of $76,046, due in 1970, will be generated by Land Sales. All other City ex- penses are included in the departmental budgets. FINANCIAL POSITION 1) Business Enterprises All three of the ('itv,s business enterprises are in excellent health. a) Water Pollution Control System: Initial operation of the new disposal plant is pro. grammed for October 1970. The budget pro. vides all necessary funds for the operation of the new plant, completion of trunk line sewers, pur- chase of TV inspection equipment, repayment of bonded indebtedness and a $31,000 cash balance. An excellent earning rate is being maintained to serve as the base for second stage plant con. struction planned for 1973. b) Water Supply and Distribu- tion System: A complete $250,000 plant modernization and a $125,000 extension of the distribution system, and other improvements, are provided out of avail- able revenue. Further, at the end of the budget period $95,000 cash bal ance will be available. c) Parking Service System: The new $900,000 Iowa Street Ramp will be in full service by the end of this year. Sufficient revenue is being gener- ated to pay the $300,000 for which bonds were not sold. Further, the earning rate is such that by the end of 1970 the system will develop a cash reserve of more than $200,000. 2) Tax Supported Business -Like Operations Charted below are the tax dollars necessary to sup- port the operational costs: a) Airport $36,282.00 b) Docks -0- c) Golf Course $14,911.00 d) Swimming $17,374.00 e) Ambulance $ 5,245.00 f) Landfill $34,144.00 These costs do not in. elude the capital invest- ment made by Dubuque taxpapers. Special Session, August 1.8, 1969 365 3) Borrowing Capability The City enjoys an excel- lent Moodys Investor Ser- vice rating of Aaa and has used less than one-third of its allowable debt capacity. It is recommended in this budget that the following borrowing be made: a) Airport Runway Resurfacing $100,000.00 b) Tree Removal and Replacement $200,000.00 c) Fire Equipment $ 65,000.00 d) Storm Sewer Program $185,000.00 ON THE SIDELINES Outside the budget document there are several items that are a pertinent part of the City's pro- gram and are an influence on the affairs of the City: a) 1969 Flood Disaster Expense: All of the bills have been paid through a short term bank loan at 5 percent interest. It is expected that the major portion of this loan will be paid by Fed- eral grant. b) Urban Renewal Project R-15 This project is financed as a separate, revolving, fed- erally supported fund. All city costs are included in the budget. c) Construction Accounts These include Airport Ter- minal Building, Airport I.L.S. System, Flood Con- trol Project, Central Fire Station and Sewage Facili- ties Construction. Each project is sufficiently fund- ed for completion and established as a separate account for the duration of the project. nittee, Mr. Frommelt, Mr. Heitz- nan and Mr. Lipper. 7 his budget book is the product A the women of tlr staff who ;ave unselfishly of their night and weekend time. I thank all of them. One of the hallmarks of a well run city is good budgeting. The budget is a tool for management control of spending, to balance expenditures and revenue, and to require thoughtful planning of current and anticipated activities. This budget is presented to the Council and the citizens of Dubu- que as ore which meets this defini- tion. This budget is first of all bal- anced— This budget says that the finan- cial condition of the city is ro- bust— This budget foresees a continua- tion of the progress of recent years— This budget meets the challenge of growth— This budget meets the needs of the community— This budget is a bold and spirited stride into the new decade— I recommend this budget to you. Respectfully submitted, Gilbert D. Chavenelle City Manager IN CONCLUSION The hard work and thinking of the department heads and com- missions has gone into this budget. They submitted thoughtful re- quests. Not all of those requests could be granted. Certainly not every one will be satisfied. Some will say we do too much, others not enough. Some will say wages are too low; others too high. This, however, is the grist of budgeting;. This budget was reviewed and assembled by the budget com- Mayor Pregler moved that the communication be received and made a matter of record. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler,il- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 266.69 WHEREAS The City Manager has submitted a BUDGET ESTI. MATE as provided in Chapter 24 of the 1966 Code of Iowa and the City Council had been duly con- sidered and caused to be prepared the budget estimate of expendi- tures for the fiscal year beginning January 1, 1970 and ending Dec- ember 31, 1970, as a basis for the tax levy for the year 1969, the same to be collected in the year 1970, and said budget having been duly approved by it. 366 Special Session, August 18, 1969 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 9th day of September 1969 at 7:30 o'clock P.M. Central Daylight Time, in the Council Chamber at the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is here- by directed to cause said budget estimate of expenditures to be published in the official newspaper of the City of Dubuque and the official notice to be given of the time and place, when and where said Budget Estimate will be con- sidered by said Council for final adoption at which time and place taxpayers will be heard for or a- gainst said estimate, said publica- tion to be not less than Ten (10) days before said date of hearing. Passed, adopted and approved this 18th day of August 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley m o v e d adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. RESOLUTION NO. 26769 RESOLUTION AND APPLICA- TION 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- adequate to meet the actual and necessary expenses which must be Paid from said funds and any ex. traordinary or unforseen expense which may arise during the en- suing 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 Council of Dubuque. Dubuque County, Iowa, that the State Comptroller be and is hereby petitioned for approval to levy an emergency tax for the year 1970, in the sum of Ninety Three Thou. sand Nine Hundred Forty Four and 50!100 ($93,944.50), (not exceeding one mill) said tax to be used as set out below. To be used in the Public Safety Fund to meet extraordinary de- mands that require increased per- sonnel positions in the Police De- partment; additional automotive and supporting equipment; plus salary increase adjustments for Police, Fire, Municipal Court, Am- bulance Service, Dog Pound, Civil Defense and the Police and Fire Alarm personnel. Walter A. Pregler Mayor Leo. F. Frommelt City Clerk The foregoing resolution was adopted at a Special Council meet- ing on the 18th day of August, A. D. 1969. The vote thereon was as follows: AYES:—Walter A. Pregler, May- or, Donald R. Meyers, Sylvester Mc- Cauley, Merlin F. Schultz, Council- men. Absent: — Councilman Couch- man. NAYS: — None. APPROVAL The above application and re- solution having been filed with the Stale Comptrolle, approval to levy the emergency tax in a sum not exceeding the amount authorized by law is hereby granted this 12th day of September, 1969. Maurice E. Baringer Chairman State Appeal Board Councilman McCauley moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz, Nays — None. Absent — Councilman Couch- man. Special Session, August 1$, 1969 367 Financial Statement in Support of Application to Levy an Emergency Tax. EMERGENCY FUND Estimated Balance at end of Cur- rent. Year .............. .........$ None Amount Proposed to be Levied.... ..................................... $ 93,944.50 Total of Emergency Fund for En- suing Year .................... ...................................... $ 93,944.50 Show list of fundsas b refit - ed by emergency Amount to Be FUNDS TO BE Transferred from BENEFITED Emergency Fund Public Safety ............ $ 93.944.50 Totals ...... ..... .......... _.. $ 93,944.50 CERTIFICATION We, the undersigned City of Du- buque of Dubuque County, Iowa, hereby make application to levy an emergency tax in the sum of $ 93,444.50 not exceeding one mill. as heretofor set out. Budget hearing held 9th day of September, 1969. Therewere 41 citizens at the hearing, of which one objected to the budget and tax levies. Leo. F. Frommelt Certifying Officer At 9:15 P. M. Mayor Pregler moved that the Council go into an executive ses- sion to discuss the sale of city owned land on the Industrial Park. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch man. The Council reconvened in regu- lar session at 9:37 P.M. For the benefit of the news media present. Mayor, Pregler an- nounced that the purpose of the Executive Session was to consider sale of property in the Industrial Park to a plant that is considering expanding their present site. There being no further busines: Councilman McCauley moved tt adjourn. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Scaultz. Nays — None. Absent — Councilman Couch- man. Leo F. Frommelt City Clerk. Approved Febru.ary.... 16 1970, Adopted Febru.ary.... 16 1970 City Clerk 368 Special Session, August 25, 1969 CITY COUNCIL Special Session, August 25, 1964. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- DUCTING A PUBLIC HEARING ON THE 1969 CONCRETE CURB & GUTTER PROJECT NO. 1, 196:1 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1, 1969. BITUMINOUS CON- CRETE SURFACING PROJECT NO 1 and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. Mayor Pregler opened the meet- ing by presenting Mr. Richard J. Slattery, Recreational Director an award from the Iowa Park and Recreation Society. The Society is a State profes- sional organization made up of people across the State who are involved in parks, recreation and conservation. The award of merit is presented for excellence in community re- creation programming. The Dubu- que Department of Recreation was singled out for its diversification of activities. The recipient's in- volvement in many community organizations as an active member and in a leadership capacity is an example of his concern for the total community. The Award of Merit is the high- est award the State professional group can bestow on one of its members. August 14, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, Water Department and a list of claims for which warrants were drawn for the month of July 1969. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Mayor Pregler. Carried by the following votes: Yeas — Mayor Pregler, Council. man, Meyers, McCauley, Schultz, Nays — None. August 25, 1969 CITY COUNCIL Gentlemen: An application has been receiv- ed from the Eska Company (TAL- LEY INDUSTRIES, Mesa, Arizona) to exercise an option granted June 3, 1968, to purchase 3.47 acres of land in Block 5, Riverfront Sub. division No. 3 (Dubuque Industrial Park). This parcel of land is situated directly north, and adjacent to, the existing Eska factory, and will be used for the expansion of the Eska plant, as proposed by Talley Industries. After due consideration by this committee, the following recom- mendation is made: 1. That above said parcel of land (approximately 3.47 acres) be sold to the Eska Company for $5,000 per acre or a total purchase price of $17,350. 2. That the sale of this land be contingent upon two conditions: a. That Eska Company finalize its negotiations with the Dubuque Indus- trial Development Cor- poration t o purchase land and buildings locat- ed in Blocks 5 and 6 of Riverfront Subdivision No 3. b. That E s k a Company agrees to use the land being purchased for an an expansion proportion- ate to its current facili. ties. If the land is not used for these purposes within one year of pur- chase, as provided for in Resolution 253.68 Sec. E said real estate shall re- vert to the City Dubuque Iowa, and purchase price, less damages, shall be refunded to Eska Com- pany. Special Session, August 25, 1969 369 3. That the construction of all buildings, -yards, parking lots and fences by in con- formance with city codes, and existing easements. Respectfully submitted: MAYOR'S INDUSTRIAL COMMIT- TEE Walter Pregler, Mayor Vincent Kaiser, Chrm. Dock Board Robert Dorothy, Mgr., Industrial Bureau Mayor Pregler moved approval of the recommendation and that same be referred for proper pro- ceedings. Seconded by Councilman Schu- ltz. Carried by the following votes: Yeas: — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Notice of Claim of Douglas E. Ilelbing of 686 Oak Street, in the amount of $46.75 for car damage incurred as the result of striking holes in Rising Ave. just off Dudge Street on August 12, 1969, present- ed and read. Councilman Schultz moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Notice of Claim of Mrs. Charles Clayton of 607 Rhomberg Ave„ in an estimated amount of $142.81, for car damage incurred as the result of striking a defective man- hole cover at 2128 Kniest Street on August 22, 1969, presented and read. Councilman Schultz moved that the notice of claim be refer- red to the City Solicitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following votes: Yeas — Mayor Pregler, Council- men Couchman, Meyers McCauley. Schultz. Nays — None. Notice of Claim of Alfred Schmidt III of 316 Kaufman Ave. in an unestimated amount, for car and trailer damage received as the result of being struck by a City Garbage truck at Chappel Court on August 25, 1969, presented and read. Councilman Schultz moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men, Meyers, McCauley, Schultz. Nays — None. Notice of Claim of Donald E. Kressig of 1733 Lori Street, in an unestimated amount, for car damage received as the result, of a fallen elm tree limb while park- ed at 20th and tiniest Street on August 25, 1969, presented and read. Councilman Schultz moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- man, Couchman. Meyers, McCau- ley, Schultz. Nays — None. ORDINANCE NO. 35.69 An Ordinance Amending and changing Ordinance No. 3 - 34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, so as to change block "A" Oak Brook Subdivision in the City of Dubuque, f r m "Single Family Residence District" Classification to "Multiple Family Residence District" Classification, presented and read. Councilman Couchman moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. 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 Pregler. Carried by the following vote: i Yeas — Mayor Pregler, Council- 3371 0 Special Session, August 25, 1969 men Couchman, Meyers, McCauley, Schultz. Nays — None. Councilman Couchman moved that a public hearing be held on the Ordinance on September 22, 1969, at 7:30 P.M. D.S.T., in the Council Chamber at the City Hall and that City Clerk be intructed to publish notice of the hearing in the manner required by law. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers McCauley, Schultz. Nays — None. Petition of Mrs. Marie Nagel - maker, through her attorney H. F. Reynolds, requesting permission to connect to sewer and water serv- ices to her property at 3670 Central Ave., presented and read. Mayor Pregler moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas— Mayor Pregler, Council- men, ouncil- men, Couchman, Meyers, Mc- Cauley, Schultz. Nays — None. Petition of Sertoma Club re- questing permission to park a truck at 8th and Main on Septem- ber 6, 1969 to sell light bulbs for the benefit of retarded children presented and read. Councilman Meyers moved ap- proval of the petition contingent upon approval of the City Mana. ger. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of St. Anthony Mes senger requesting permission to solicit subscriptions to their maga- zine, presented and read. Councilman Meyers moved ap- proval of the petition contingent upon approval of the City Manager. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers McCauley, Schultz. Nays — None. Petition of Robert A. Freund requesting a refund of $75, on the unexpired portion of cigarette license No. 209, as he has dis- continued business on July 31, 1969, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers. McCau- ley, Schultz. Nays — None. Petition of St. Peter Lutheran Church requesting permission to conduct a hunger walk through the City on Sunday, October 5, 1969, presented and read. Mayor Pregler moved approval of the petition and that same be referred to the City Manager for proper implementation. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers McCauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution for public improvements and hearing upon proposed plans and specifications, form of contract and cost of im- provements for the City of Dubu- que 1969 Concrete Curb do Gutter Project No. 1 on the following streets: 1. Pennsylvania Avenue from the W.P.L. of Key Knolls Subdivi- sion to the W.P.L. of Lot 2-1 of the EV2 of SWY4 of Sec. 21, T. 89NR2E. 2. Perry Street from alley west of Grandview Avenue to the E.P.L. of Rider 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. Mayor Pregler moved that the proof of publication be received and filed. Special Session, August 25. 1969 371 Seennded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Preglcr, Council- men Couchman. Meyers, McCauley, Schultz. Nays — None. Statement of City Clerk certify- ing that notices of the public hearing were mailed by certified mail on August 1, 190,9 to property owners of record and subject to assessment to pay fa: cost of con- structing City of Dubuque 1969 Concrete Curb be Gutter Project No. 1, presented and read. Mayor Pregler moved that the statement be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas -- Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. ?Nays — None. Decision of council upon objec- tions to plans, specifications, form of contract and cost of Im- provements. RESOLUTION NO. 268.69 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1969 CONCRETE CURB AND GUTTER PROJECT NO -1 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 said plans, specifi- cations or contract for or cost of such improvements, said time b:,- ing this 25th day of August, 1969; and WHEREAS, the City Council met in special session this 25th day of August, 1969, 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 objection: which have been filed to the pro posed plans, specifications of contract for or cost of the improve ment herein described and propos ed to be made; and WHEREAS, all inlerested par- .ics 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 des- cribed and proposed to be made. he and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED i hat this resolution containing the decision of this Council upon all objections which have been filed t.o the plans, specifications and form of cost said improvement be made a matter of permanent re- cord in connection with said im. provement . passed, adopted and approved i his 25th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen .Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. (Necessity for improvement) RESOLUTION NO. 20049 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been d l City 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 assessments limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 372 Special Session, August 25, 1969 4. Each lot proposed to be asses- sed 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 am,)unt there. of which is estimated to be assessed against each lot, for the CITY OF DUBUQUE 1969 CON- CRETE CURB AND GUTTER PROJECT NO -1 on the following streets: 1. Pennsylvania Avenue from the west property line of Key Knolls Subdivision to the west property line of Lot 2-1 of the El/a of the SWIA of Section 21 T. 89N R. 2E. 2. Perry Street from the alley west of Grandview Avenue to the east property line of Rider Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro- perty 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 re- solution 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 pro- perty lying within assessable distance provided by law and in an amount not to exceed the a- mount 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 a n y 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 per- formed 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 in- troduced, approved and ordered placed on file with the City Clerk this 28th day of July, 1969, RECORD OF FINAL ADOPTION The foregoing resolution was 'finally passed and adopted, as proposed, by the City Council this 25th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved final adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. (Ordering Construction) RESOLUTION NO. 269.69 BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 200- 69 which was duty passed by this Council, for the construction of CITY OF DUBUQUE 1969 COW CRETE CURB & GUTTER PROJECT NO. 1 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 and expense of the said improvements be paid for Special Session, August 25. 1969 373 by levying special assessments a- gainst the privately owned pro. party lying within the assessable i whether such property from the pabut mupon the same or are adjacent thereto, in proportiontlto theathereof and special bene - in proportion fits conferred, and any defici- ency 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 Road, Use Tax Funds and Street Improvement bonds, to be issued in anticipation of deferred pay- ments 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 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 90 days after notice to proceed has been issued. BE rT 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 25th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote; Yeas — Mayor Pregler, Council men Couchman, Meyers, McCau ley, Schultz. Nays — None. Proof of Publication, certifies to by the Publisher, of Notice o Pendency of Resolution of Neew sity for Public Improvement an, hearing upon proposed plans an, pecifications, form of contract nd cost of improvements for the ,ity of Dubuque 1969 Hot Mix -Hot .aid Asphaltic Concrete Paving 'roject No. 1 on the following streets: 1. Pennsylvania Avenue from the west property line of Rey Knolls Subdivision to the west property line of Lot 2.1 of the E% of the SWI/4 of Section 21 T. N. R. 2E. 2. Wacker Drive — patching be- tween John F. Kennedy Road and U.S. No. 20. 3. John F. Kennedy Road — patching between Pennsyvania Avenue and University Ave- nue. 4. Central Avenue from t h e south property line of Fulton school to a point 100' north of West 32nd Street. presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hear- ing. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Councilman Schu- ltz Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. Statement of City Clerk certify- ing that notices of the public hearing were mailed by certi- fied mail wnersugoft record ad tO property o subject to assessment to pay for cost of constructing City of Du- buque 1969 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 presented and read. Councilman Schultz moved that the statement be received and filed. Seconded by Mayor Pregier. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau 1 ley, Schultz. 1 Nays — None. Special Session, August 25, 1969 Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments RESOLUTION NO. 270.69 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1969 HOT MIX -HOT LAID ASP. HALTIC CONCRETE PAVING PROJECT N0. 1 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 said plans, specifications or contract for or cost of such improvements, said time being this 25th day of Au- gust, 1969; and WHEREAS, the City Council met in special session this 25th day of August, 1969, at 7:30 o'clock P.M. D . S. T. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have bean filed to the proposed plans, speci- ficiations 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 apportunity 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 of contract here- tofore approved are hereby adopt- ed. BE IT FURTHER RESOL.VVED 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 re. cord in connection with said im• provement. Passed, adopted and approved this 25th day of August, 1969. Walter A. Pregler Mavor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resoiution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. (Necessity for Improvement) RESOLUTION NO. 20469 WLiEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing ,among other things the following: I. The assessments 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 valua- tion 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 thereof which is estimated to be assessed against each lot, for the CITY OF DUBUQUE 1969 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1 on the following named streets: 1. PENNSYLVANIA AVENUE — from the west property line of Key Knolls Subdivision to the west property line of Lot 2-1 of the E% of the SWV4 of Section 21 T. 89N. R. 2E. 2. WACKER DRIVE — patching Special Session, August 25, 1969 375 between John F. Kennedyi 2roposed, Road and U.S.#20. ay 3. 301IN F. KENNEDY ROAD— patching between Pennsylvania Avenue and University Ave- nue. 4. CENTRAL AVENUE — from the south property line of Attest: Fulton School to a point 100' north of West 32nd Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property 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 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 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 pro. perty lying within assessable distance provided by law and in 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 dis- trict 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 28th day of July, 1969. by the City Council this of August 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Leo F. Frommelt City Clerk Councilman Schultz moved final adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mavor Pregler, Council- men Couchman, Meyers, McCau- ley Schultz. Nays — None. (Ordering Construction) RESOLUTION NO. 271.69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 20469 which was duly passed by this Council, for the construction of CITY OF DUBUQUE 1969 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1 RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as be and the same are herebyls ordered and constructed by t 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 >aid improvements be paid for by levying special assessments against the privately owned property 1Y- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area hereto and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the general, im- provement, m- the cit en oror artly sewerfunds eachof the of the city, thcontract u funds. it enowil Road Ull be se toe Tax Funds Street Improvement bonds to be issued in anticipation of deferred payments fa sets - mems as provided by lawafter 376 Special Session, August 25, 1969 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 90 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 25th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, 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 City of Dubuque 1969 Bituminous Concrete Sur. facing Project No. 1 on the follow- ing streets and areas: 1. AVALON STREET — from the south property line of As. bury Road to the south pro- perty line of Dirksen's Addi. tion. 2. FLORA PARK — Ice Skating Rink 3. HIGH BLUFF STREET — from the north property line of Farley to the south pro- perty line of Fengler Street, 4. JEFFERSON PARK — Play area 5. LOMBARD STREET — from the north property line of Dodge Street to the east property line of Lot 2-1.1-1.1. 1.2 of Lots I and 2 of Sister's Addition. 6. NOWATA STREET — from the north property line of University Avenue to the south property line of Loras Boule• bvard. 7. SUNNYVIEW DRIVE — from the west property line of North Grandview Avenue to the west property line of St. Ambrose St. 8. MESA DRIVE — from the south property line of Kane Street to the south end of the street. 9. ALTURA DRIVE — from the east property line of Mesa Drive to the west property 1 i n e of North Grandview Avenue. 10. CERRO DRIVE — from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 11. CORTO DRIVE — from the south property line of Cerro Drive to the south end of street. 12. PERRY STREET — from the west property line of Grand. view Avenue to the east pro- perty line of Rider Street. 13. AUBURN STREET — from the south property line of Dexter Street to the north Property line of Lot 179 of Woodlawn Park Addition. 14. BERKLEY PLACE — from the west property line of ?'rimrose Street to the east property line of Oakerest Drive. 15. MONTGOMERY W A RD — Parking Lot patching present- ed and read. No written objections were filed. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council. men, Couchman, Meyers McCau- ley, Schultz. Nays — —None. Statement of City Clerk certify- ing that notices of public hear- ing were mailed by certified mail on August 1, 1989, to property owners of record and subject to A- Special Session, August 25, 1969 377 assessment to pay for cost of con- structing City of Dubuque 1969 Bituminous Concrete Paving Pro- ject No. 1, presented and read Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Couch- man. Carried by the: following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau. ley, Schultz. Nays — None. Mayor Pregler mover 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 Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. Mrs. Orvin and Gerald Sjobak- ken inquired as to the method of assessment for the surfacing of High Bluff Street, and the grade of the street if it could be corrected at the time of the new surfacing. Air. John Cottrell of 1107 High Bluff Street inquired if something could be done with reference to the street being blocked about 90% of the time, with trucks, cars and motorcycles. In reply to their problems the City Engineer explained the as sessment procedure and the City Attorney requested Mr. Cottrell to pet in touch with him the following day. postof such improvements, said ime being this 25th day of Au- ;ust, 1969; and WHEREAS, the City Council met in special session this 25th Jay of August, 1969, at 7:30 P.M. U.S.T. 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 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 opport- unity to be heard and all objec- tions which have been duly weighed and considered; now, therefore Decision of Council upon ob- jections to plans, specifications, form of contract and cost of improvements. RESOLUTION NO. 272-69 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1969 BITUMINOUS.. CONCRETE SUR- FACING PROJECT NO. 1 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 said plans, specifications or contract for or BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described 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 re- cord in connection with said improvement. Passed, adopted and approved this 25th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest Leo F. Frommelt City Clerk Councilman Meyers moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas— Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. 378 ' Special Session, August 25, 1969 (Necessity for Improvement) RESOLUTION NO. 208.69 WHEREAS, proposed plans, specifications, form of contract. plat and schedule have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other things the following: 1. The assessments 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 thereof which is estimated to be assessed against each lot, for the City of Dubuque 1969 Bituminous Concrete Surfacing Project No. 1 on the following named streets and areas: 1. AVALON STREET — from the south property line of Asbury Road to the south property line of Dirksen's Addition. 2. FLORA PARK — Ice Skating Rink. 3. HIGH BLUFF STREET — from the north property line of Farley to the suoth property line of Fengler Street. 4. JEFFERSON PARK — Play area. 5. LOMBARD STREET — from the north property line of Dodge Street to the east pro- perty line of Lot 2.1-1.1-1-1.2 of Lots 1 and 2 of Sister's Addition. 6. NOWATA STREET — from the north property line of University Avenue to the south property line of Loras Boule- vard. 7. SUNNYVIEW DRIVE — from the west property line of North Grandview Avenue to the west property line of St. Ambrose St. 8. MESA DRIVE -- from the south property line of Kane Street to the south end of the street. 9. ALTURA DRIVE from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 10. CERRO DRIVE — from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 11. CORTO DRIVE — from the south property line of Cerro Drive to the south end of street. 12. PERRY STREET — from the west property line of Grand. view Avenue to the east pro. perty line of Rider Street. 13. AUBURN STREET — from the south property line of Dexter Street to the north property line of Lot 179 of Woodlawn Park Addition. 14. BERKLEY PLACE — from the west property line of Primrose Street to the east property line of Oakerest Drive. 15. MONTGOMERY WARD — Parking Lot patching. BE IT THEREFORE RESOLV ED that the City Council on its own motion or upon petition of property owners, deems it advis. able and necessary for the public welfare 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 improvement shall be constructed and done in accord- ance with the plans and specifi- cations 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 im- provement 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 a- mount 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 defi- ciency shall be paid out of the Spacial Session, August 25, 1969 379 street hall be issued fund, Bonds sI and sold in anticipation of defer red payments of assessments when a contract has been performed and accepted and the the proceeds thereof used to pcontractor. The PaN' railway portion of any street or assessment district shall be assess- ed to and paid by the railway company. The above resolution d ordered in- troduced , approved placed on file with the City Clerk this 28th day of J"Iv, 1969. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 25th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo. F. Frommelt City Clerk Councilman Couchman moved final adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special hene- fit.s 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 Road Use Tax and Park Funds. 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 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 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 25th day, August, 1969. Walter A. Pregler Mayor (Ordering Construction) RESOLUTION NO. 273.69 BE PT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a res- olution of necessity No. 208-69 which was duly passed by this Council, for the construction of City of Dubuque 1969 Bituminous Concrete Surfacing Poriect No. 1 be and the same are hereby ord- ered 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 pro- perty lying within the assessable distance from the improvements, Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, 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 the construction of Civil Defense Warning Siren Plaza 20, presented and read. i.511 special Session, August 25, 1969 No written objections were filed and no oral objections were pre- sent in the Council Chamber at the time set for the public hear- ing. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. (Necessity for Improvement) RESOLUTION NO. 248-69 WHEREAS, proposed plans, spe- cifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on filL- 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 — Plaza #20 BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein mentioned improvement, and un- less 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 im• provement, 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 will be paid from the Public Safety Fund 04074)201. The above resolution was in- troduced, approved, and ordered placed on file with the City Clerk this 4th day of August, 1969. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 25th day of August. 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: I,eo F. Frommelt City Clerk Councilman Meyers moved final adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, 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 Civil Defense Warning Siren Plaza 20, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couch- man. Carried by the following vote. Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. August 25, 1969 To The Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Thursday, August, 21 1969, for the improvement of City of Dubuque — Civil Defense Warning — Plaza =20. The one bid entered was sub- mitted by Moldt Electric Service of Dubuque, Iowa. Their bid was 4.12% under the Engineers esti- mate. I recommend that the contract for the improvement be awarded to Moldt Electric Service. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Special Session, August 25. 1969 381 Yeas— Mayor Pregler, Council- men Couchman, Meyers, MCCau- ley, Schultz. Nays _ None. (Awarding Contract) RESOLUTION NO. 274.69 WHEREAS, sealed proposals have been submitted by contrac- tors for the improvement of: City of Dubuque — Civil Defense Warning Siren — Plaza #20 pursuant to Resolution No. 249.69 and notice to bidders published in a newspaper published in said City on August 7, 1969 and Au- gust 14, 1969; and WHEREAS, said sealed pro- posals were opened and read on August 21, 1969, and it has been determined that the bid of Moldt Electric Service of Dubuque, Iowa in the amount of $3,768.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be a- warded to Moldt Electric Service and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Trea- surer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 25th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, Schultz Nays — None. RESOLUTION NO. 27569 Authorizing the Condemnation of a Certain Parcel 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 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 nec- essary and in the public interest that the property hereinafter de- scribed be acquired; 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 indicated, be and the same should be acquired to implement the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15. Owner Property Description Edmund John Linehan and Doris Z. Linehan, The Middle One -Third of Lot 749 in the City of Dubu- que, Iowa according to the Unit- ed States Commissioners' Map thereof. (Parcel 9-8) Section 2. That the Director of the Department of Urban Renewal for the City of Dubuque, Iowa, be and he is hereby directed to cause condemnation proceedings be insti- tuted as is provided by law to ac- quire said real estate hereinbefore described, and the said Director of the Department of Urban Re- newal is hereby authorized to do any and all things necessary and requisite to such condemnation pro. ceedings. Passed, approved and adopted this 25th day of August, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald F. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption 383 Special Session, August 25, 1969 of the resolution. Seconded by Councilmen Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Mr. John Sturman and Mr. Lange from the Carroll Street area ad- dressed the Council relative to the condition of Carroll Street and sug- gested widening the street at the bottom. The street is very narrow and some question aroue as to whether or not the City owns enough property on either side and on the top to widen the street. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- man, Meyers, McCauley, Schultz. Nays—None. Leo F. Frommelt, City Clerk Approved February 161970. Adopted F.Rt?rlAA-:'.Y.... .1970. ...... ......: .. Clerk. Regular Session, September 1, 1969 383 CITY COUNCIL OFFICIAL Regular Session, September 1, 1969. No members of the City Council being present the meeting was ad- journed subject to call. Leo F. F rommelt City Clerk Approved 16, 1970 Approved 16, 1970 X1;.1 Adiourned Regular Session, September 2, 1969 CITY COUNCIL (OFFICIAL) Adjourned Regular Session September 2, 1969. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc. Cauley, Schultz. City Manage Gilbert D. Chavenelle, Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is an ADJOURNED MEETING OF THE REGULAR MEETING OF SEPTEMBER 1, 1969, called for the purpose of acting upon such busi- ness as may properly come before the meeting. 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 July 1969, pre- sented and read. Councilman Meyers moved that the proof of publication be receiv. ed and filed. Seconded by Councilman Schu ltz. Carried by the following vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, McCau- ley, Schultz. Nays — None. August 28, 1969 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 Curtis Straub Company — State Automobile & Casualty Under- writers SIDEWALK Vincent Conrad — Merchants Mu- tual Bonding Co. Goetz Concrete Construction Co.— Merchants Mutual Bonding Co. Richard Magnall — Merchants Mutual Bonding Co. Richard Ruden — Merchants Mu- tual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap. proval of the filing of the policy and bonds subject to approval of the City Attorney. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau. ley, Schultz. Nays — None. September 2, 1969 To the Honorable Mayor and City Council Gentlemen: I request authority be granted Mr. Leo F. Frommelt to sign city papers for the City Manager dur. ing my absence from the city for a few days, beginning Septem. ber 10th. These papers will consist mostly of purchase orders and vouchers. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the request. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. September 2, 1969 To the Honorable Mayor and City Council Gentlemen: The attached letter represents the completion of the project be- gun earlier this year to consoli- date the myriad of burglar alarm systems into a single panel at the police department headquarters. All costs were absorbed by the several firms which install burg- lar alarm systems in Dubuque, according to the number of con- nections each had terminating at police headquarters when the panel was installed. The remaining 64 openings on the panel fall to the ownership of the City of Dubuque as a part of the agreement. The City will charge $15 per additional installa- tion to set aside sufficient funds to install a second panel, when and if it is necessary. The improvement should be formally accepted by the City, with a special note of appreciation to Carl Weimerskirch of Tri-State Fidelity Protective Associates for accepted responsibility to install the new panel. Cordially, George A. Lipper Admin. Assistant Mayor Pregler moved accept- ance of the improvement. Adjourned Regular Session, September 2, 1969 38.5 Seconded by ltz. the following vote: Carried by Yeas —Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. On ,iuly 23. 1969, Cletus J. Golinvaux of 595 Clarke Drive, Dubuque, Iowa filed claim against the City of Dubuque, Iowa for damage in the amount of $100.00 allegedly suffered early in July, 1969 as the result fhe roof a of tree his limbs falling on home. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on August 26. 1969 of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of Cletus J. Golinvaux be denied. Original claim is attached here- to. Respectfully submitted R. N. Russo City Attorney Councilman Meyers moved ap. proval of the recommendation. Seconded by Mayor Pregler. Carried by the following vote: Yeas Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. Notice of claim of Ray Leppert of 1220 Park Street, in the a- mount of $50.62, for car damage incurred as the result of striking a defective manhole cover in the road on the west side of the harbor on August 20, 1969, pre- sented and read. Mayor moved that the, notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. Petition of Mr. and Mrs. J. P. Miller of 2303 Windsor Ave. re- questing enforcement of the health ordinance and safety laws to clear up the area along the fence that separates the properties at 2301 and 2305 Windsor Ave. which i! ivergrown with weeds and brush, )resented and read. Mayor Pregler moved that the ietition be referred to the City 1lanager for investigation and re ?ort. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of notice public hearing to amend the Zon- ing Ordinance so as to change City i.ots 101 thru 108 and all of City Lots 137 to 140 from Multiple Residence District Classification to Business District. Classification, presented and read. No written objections were filed and no oral objectors were pre- ;ent in the Council at the time ;et for the public hearing. Councilman Meyers moved that the proof of publication be re. ceived and filed. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCau- wy. Schultz. Nays — None. ORDINANCE NO. 33.69 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 de- scribed from "Multiple Residence District" Classification to "Busi- ness District" Cla"sification (be- tween fourth and fifth and Locust and Bluff Streets) said Ordinance having been previously presented and read at the Council meeting of May 5, 1969, presented for final adoption. CI. ASS IFICAI ivn. NOW THERCITYECOUNIT CILOODAICITY 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 emended by changing from "Multllple Residence DIs- asrict"sificaon CllasslflCallon tusiness the 8following CIIn scribed real estate, lawlt: Adjourned Regular Session, September 1 1969 published offk-WFy in The TeleorePh- nerald NewtPaPfr tris 5th day of SeP- WAw' ION. Leo F. Frommel' Cnr clerk Councilman Meyers moved final adoption of t1he Ordinance. Seconded by Councilman Schu. ltz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCall - ley, Schultz. Nays •— None. Proof of Publication, certified to by the Publisher, of notice of public hearing W amend Zoning Ordinance No. 3.34 so as to change Lots 34, 35, 36, 83, 84 and lots 90 thru 98 all in A. P. Woods Sub.. Lot 1 and 2 in McGraths Sub., and the Westerly 76' of Lot 1 and 2 in Kirkwood Place in the City of Dubuque, Iowa from Two Family Residence District Classification to Multiple Residence District Classi- fication, presented and read. Councilman Couchman moved that the proof of publication be race. ted and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. Petition of Jon B. Middleton et al (81 signatures) objecting to the rezoning of the lots in A. 1' Woods Addn., McGrath's Sub., & Kirkwood Place, presented and read. August 27, 1969 Hon. Mayor & City Council Gentlemen: Mayor Pregler moved that the petition be received and filed. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, McCau ley, Schultz. Nays — None. Petition of Protest against change in Zoning Boundaries from Two Family to Multiple Family Residence District as proposed in Cndinance No. 34-69 puruant to Article XV Section 3 of the Zon- ing Ordinance of the City of Dubuque '33 signatures) covering the lots in A P :Foods Adda., McGraths Sub & Kirkwood Place, presented and read. Mayor Pregler moved that the petition be received and filed. Seconded by Councilman Mey• ers. Carried by the following vote: Yeas — Mayor Pregler. Council- men Couchman. Meyers, McCau- ley, Schultz. Nays — None. Mayor Pregler moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Schu• ltz. Carried by the following vote: Yeas — :tfayor Pregler, Council men Couchman, Meyers, McCau• ley, Schultz. Nays — None. Attorney Van Etten repregent- ed a group of objectors to the rezoning of the Blake Street and Kirkwood area by stating the area was single family since 1940. There are forty to forty five lots not yet developed beside the present request. Attorney Wm Fuerste representing Werneke stated that the character of the neighborhood is forest. Mr. John Middleton, Mrs. Richard Kolck, Rex Rey- nolds, and Mrs. Richard Roy all spoke in opposition to the pro- posed rezoning for various reasons. After considerable discussion. Mayor Pregler moved that dis- cussion on the subject be _closed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, MCCau- ley, Schultz. Nays — None. ORDINANCE NO. 34.69 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 Lots 34, 35, 36, 83, 84 an Lots " through 96 all In A. P. Woods Subdivision, Lot 1 and Lot 2 In McGrath's Subdivision and the westerly 76 feet of Lot 1, and Lot 2 of Kirkwood Place, said Ordinance having been previouslT Adjourned Regular Session, September 2, 1969 387 presented and read at the Coun- cil meeting of August 4, 1969, presented for final adoption. Councilman Meyers moved that the Ordinance beCounc 1 an Schu- ltz, Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, Schultz. Nays — Councilmen Couchman, McCauley. RESOLUTION NO. 276.69 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat, and all other documents for the construc- tion of 1969 Traffic Signal Pro- ject No. 1 at the following intersections: John F. Kennedy and Pennsylvania, Loras and Grandview, Dodge and Bryant, at an estimated cost of $18,473.89, presented and read. Councilman Meyers moved adoption of the resolution. Seconded by Councilman Schu. ltz. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCau- ley, Schultz. Nays — None. (Necessity for Improvement) RESOLUTION NO. 277.69 WHEREAS, proposed plans, spe- cifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk sbowing among other things the following: 1. An estimate of the cost of the proposed improvement. for the 1%9 Traffic Signal Pro - Jed No. 1 at the following inter- sections: John F. Kennedy & Pen• nsylvania, Loras & Grandview, Dodge & Bryant. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the same time of the final consideration of this Proposed resolution have on file with the City Clerk objections tc the amount of the cost of im provement, they shall be seemed to have waived all objection thereto. Said improvement shall be con. itructed 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 Utili- ties Fund. The above resolution was in. troduced, approved, and ordered placed on file with the City Clerk this 2nd day of September, 1969. Approved and placed on file for final action. APPROVED: Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Len F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. (Ordering Construction) RESOLUTION NO. 27669 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Necessity No. 277- 69 which was duly passed by this Council for the 1969 Traffic Sign- al Project No. 1 be and the same are hereby ordered and construct- 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 specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Utilities 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- 388 Adjourned Regular Session, September 2, 1969 provements herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NEC- ESSITY shall be in force and ef- fect from and after its passage and adoption by the City Coun- cil. Passed, adopted and approved this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz, Nays — None, (Fixing Date of Hearing) RESOLUTION NO. 279.69 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specification, and form of contract and placed same on file in the office of the City Clerk for public inspection for the 1969 Traffic Signal Pro- ject No. 1 BE IT THEREFORE RESOLV- ED that on the 22nd day of Sept- ember, 1969 a public hearing will be held at 7:30 P.M. in the Coun- cil Chamber of the City of Dubu- que at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and speci- fications and proposed form of contract, to the cost of the im- provement 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 which shall be not less than ten (10) days prior to the day fixed for its considera- tion, and said Clerk is further instructed to advertise for pro- posals for the construction of the aforementioned improvement. Passed, adopted and approved this 2nd day of September, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider City Manager's report as to the condi- tion of the building located at 233 Main Street, owned by Marion J. Ryder, described as the N. 42' of City Lot 75A in the City of Dubu- que, presented and read. Mayor Pregler moved that the proof of publication be received and filed . Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. Statement of City Clerk certify- ing that notice of public hearing was mailed by certified mail on August 8, 1969, to Marion J. Ryder at 433 Bluff relative to consideration of Manager's report and public hearing on the condi- tion of her property at 233 Main Street, presented and read. Councilman Schultz moved that the statement be received and filed. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. RESOLUTION NO. 280.69 Authorizing the City Manager to cause the structure at 233 Main Street owned by Marion J. Ryder to be either repaired or dismantl- ed, presented and read. Adjourned Regular Session, September 2. 1969 389 Building Commissioner Donald Bandy advised the Council that progress is being made in the repair of the building. Marion Ryder is in the process of pro- curing plans and information as to the possible repair of the structure and recommended that time the Council grant additional before taking final action. Councilman Couchman moved that final action be delayed thirty days. Seconded by Councilman Me. Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. RESOLUTION NO. 281.69 WHEREAS, a plat of vacated portion of Marshall Street in the City of Dubuque, Iowa being the Easterly 25 feet of said street abutting Lot 1 of Block 16 of Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, dated March 25, 1969, has been prepared by Cullen-Schiltz & Associates, Ine.,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 COUN. CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of vacated portion of Marshall Street being the Easterly 25 feet of said street abutting Lot 1 of Block 16 of Riverfront Subdivision No. 3 in the City of Dubuque, Iowa dated March 25, 1969, and pre- pared by Cullen-Schiltz & Asso- ciates, Inc., engineers and sur- veyors, be and the same is hereb> 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 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of notice of time and place of hearing to dis- pose of Lot 2 Block 16 Riverfront Subdivision No. 3. and the vacated portion of Marshall Street abutt- ing Lot 1 of Block 16, of River - front Subdivision No. 3 to Bradley Iron Works, presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hear- ing. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. RESOLUTION N0. 282.69 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 published in the City of Dubuque, Iowa on August 11, 1969 and August 18, 1969, City Council of Dubuque, Iowa met on the 2nd day of September, 1969 at 7:30 P.M. (Daylight Savings Time) P.M. in the City Council Chamber City Hall, Dubuque, Iowa, to con- sider the proposal todispose Of interest of the City Riverfront ue to Lot 2, Block 16, Subdivision No. 3 and the vacated portion of Marshall Street abut- ting Lot 1 of Block 16, of River - front the Subdivision No. 3, in City of Dubuque, Iowa, subject to existing easements, to Bradley Iron Works, 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 390 Adjourned Regular Session, September 2. 1969 above described real estate to Bradley Iron Works, Inc. 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 Dubuque, Iowa, in real estate to Bradley Iron Works, Inc. covering the follow- ing described real estate, to -wit: Lot 2, Block 16, Riverfront Sub- division No. 3 and the vacated portion of Marshall Street abut- ting Lot 1 of Block 16, of River - front Subdivision No. 3, in the City of Dubuque, Iowa, subject to existing easements for the purchase price of twenty cents ($.20) per square foot, for approximately 121,000 square feet, be and the same is hereby approved, subject to the following terms and conditions, to -wit: A. That said real estate be sold to Bradley Iron Works, Inc. for expansion of its operations in Industrial Park all of which real estate contains approxi- mately 121.000 square feet. B. That the sale price of said real estate shall be twenty cents ($.20) per square foot, and surveying of the plats shall be done at buyer's expense. C. That Bradley Iron Works, Inc. shall pay for the Southerly 200 feet of said Lot 2, Block 16, Riverfront Subdivision No. 3 and the vacated portion of Marshall Street abutting Lot 1 of Block 16 upon receipt of Quit Claim Deed therefor. That Bradley Iron Works, Inc., shall pay ten percent (10%) down of the cost of the northerly - most 114.23 feet with balance of said purchase price to be Paid on or before one (1) year from date of delivery of Quit Claim Deed conveying the Southerly 200 feet of said lot and the portion of vacated Marshall Street. D. That all operations and con- struction at the site be in con- formity with the conditions prevalent in the recommenda. tion by the MAYOR'S INDUS - TRAIL COMMITTEE, and all buildings, roads, signs, parking lots and storage of Inventory and equipment be in conformity with city codes and ordinan- ces. E. That expansion of operations and improvements to the land shall he made within a reason- ahle period of time, and should Bradley Iron Works, Inc. elect not to use all the described land for expansion, the City of Dubuque, Iowa shall have the first right to repurchase said real estate at a price equal to the price for which said real estate may be sold by the City of Dubuque to another pro. spective buyer. In no event shall Brauley Iron Works, Inc. be required to sell for less than its purchase price from the City plus taxes paid thereon. F. That the City of Dubuque, Iowa retains a perpetual ease- ment for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities together with right of ingress and egress to repair, inspect and maintain the same. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Bradley Iron Works, Inc. of Dubuque, Iowa upon receipt of the purchase price of twenty cents ($.20) per square foot for approximately 121,000 square feet. 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, approved and adopted this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays — None. Adjourned Regular Session, September 2. 1989 391 RESOLUTION NO. 283-69 WHEREAS, Herman .1. Lott and Marcella S. Lott have conveyed by Warranty Deed to the City of Dubuque. Iowa the following de. scribed real estate: Lo! 2 of Lot 123A Shiptons Ad - 2 of Lot 4 in the NW 1/4 Of the NW11'4 of Section 6, Township 88 North. Range 3 East. of the 5th P.M., and Lot 2 of Lot 123A Shipton Ad- dition in Section 1, Township 88, North, Range 2 East of the 5th P.M., All in Dubuque County, IOW3 said deed bears date of July 18, 1969 and, WHEREAS, said Herman J. Lott and Marcella S. Lott have granted perpetual easement to City of Dubuque, Iowa, dated July 18, 1969, which respective ease- ments are designated as Ease- ments A. B, C, and D. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Delivery of Warranty Deed by Herman J. Lott and Marcella S. Lott to the City of Dubuque, Iowa be and the same is hereby accepted. Section 2. That the City Clerk is hereby authorized and directed to execute the certificate on said perpetual grant of said easements. Section 3. 'That the delivery of easement by Herman J. Lott and Marcella S. Lott to the City of Dubuque, Iowa be and the same is hereby accepted. Section 4. That the City Clerk is hereby directed and authorized to file same in the office of the Dubuque County Recorder. Passed, approved and adopted this 2nd day of September, 196J. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. N,,ys — None. RESOLUTION NO. 284.69 1VIIlsREAS, Fischer Investment Company and City of Dubuque, Iowa have heretofore entered into a written agreement governing the respective rights and obliga- tions of each as pertain to the granting of rights of way for the Dubuque Local Flood Protection Project, and WHEREAS, one of the agreed terms of said easement agreement was the conveying by the City of Dubuque, Iowa of its interest in and to certain parcels of real estate described as follows; to -wit: In the real estate lying east of and within two hundred eighty two (282) feet of the easterly boundary of Block 24, Dubuque Harbor Co.'s Addition, Sixth Street, Block 0 Booth's Addi- tion, vacated Fifth Street, Block N, vacated Fourth Street, Lot 11, 10, 9, 8, 7, 6, and the North 3 feet 3 inches of Lot 5 in Block M, Booth's Addition all in the City of Dubuque, Dubuque Coun- ty, State of Iowa and, WHEREAS, as part of the agre. ed consideration for said easement agreement, Fischer Investment Company agreed to convey to the City of Dubuque, Iowa all of its interest in and to certain prop- erty in and along the area of the Dubuque Local Flood Protection Project as relates to Fischer In- vestment Company. NOW 'THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyance to Fischer Investment Company Of the real estate herein above des- cribed pursuant to agreement entered into by and between the City of Dubuque, Iowa and Fischer Company, dated be and 31st day of January, 19 the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in 392 Adjourned Regular Session, September 2, 1969 real estate as is by law required. Passed, approved and adopted this 2nd day of September, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. F:ommelt City Clerk Councilman Schultz moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCau ley, Schultz. Nays — None. RESOLUTION NO. 285.69 Authorizing the Publication of Notice of Sale of Project Notes (Second Series 1969) and the Re- ceiving of proposals for the sale of said notes for the Downtown Urban Renewal Project Iowa R-15 WHEREAS, under date of July 26, 1.967, the City of Dubuque entered into a Loan and Captial Grant Contract for the under- taking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date of April 7, 1969, the Council of the City vf Dubuque adopted Resolution No. 87-69 authorizing to be issued from time to time, Project Notes in connection with the Downtown Urban Renewal Project, Iowa R-15, in an aggregate principal amount outstanding at any one time of not to exceed $8,624,313; and WHEREAS, under date of May 12, 1969, the Council of the City of Dubuque authorized the is- suance and sale of its Prelimi- nary Loan Notes in the aggregate principal amount of $4,975,000 to finance certain undertakings in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in order to refin- ance a portion of the outstanding Project Notes, it is necessary for the City of Dubuque to sell Project Notes (Second Series 1969) total- ing $4,183,000; now therefore BE 1T 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 law "Notice of Sale -Project Notes" in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the City Clerk be and he is hereby authorized and directed to accept and tabu. late proposals for the sale of said notes and to send telegrams of acceptance to the low bidder or bidders all in accordance with instructions covering such trans. actions as provided by the Depart- ment of Housing and Urban Development, United States of America. Section 3. That a special meet. ing of the Council of the City of Dubuque shall be held after the bid opening date of September 16, 1969, to adopt such resolution or resolutions necessary for the consummation of the sale of Pro. ject Notes (Second Series 1969) to the lowest bidder or bidders. Passed, approved and adopted the 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk NOTICE OF SALE PROJECT NOTES CITY OF DUBUQUE (Name of Local Issuing Agency Sealed proposals will be receiv- ed by City of Dubuque (herein called the "Local Issuing Agency") at Council Chambers, City Hall, 13th and Iowa in the City of Du- buque, State of Iowa 52001, until, and publicly opened at, one o'clock P.M. (E.D.S.T) on September 16, 1969, for the purchase of $4,183,- 000.00 of Project Notes (Second Series 1969), being issued to aid in financing its project(s) as fol- lows: Amount $4,183,000.00 Series Se- cond Series 1969 Maturity Febru- ary 13, 1970 The Notes will be dated Oct. 15, 1969, will be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the proposal Adjourned Regular Session, September 2, 1969 393 or proposals accepted Notes for the pur- chase of s All proposals for the purchase of said Notes shall be submitted in a form approved by the Local Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuing Agency at the address indicated above. Detailed information with re- spect to the conditions of this sale may be obtained from the September 3. IW39, issue of The Daily Bond Buyer. City of Dubuque By: Leo F. Frommelt City Clerk Councilman Meyers moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler. Council. men Couchman, Meyers, Mc- Cauley. Nays — Councilman Schultz. RESOLUTION NO. 286-69 WHEREAS, it was voted at the City Council meeting of August 11, 1969 the City Clerk be author- ized and instructed to prepare a suitable resolution expressing commendation and appreciation for the untiring and valuable ser- vice rendered to the City of Du buque, Iowa, by MR. FRED E. BISSELL, JR. As a member of the Planning and Zoning Commission and that the City Clerk be further author- ized and instructed to spread a copy of said resolution, upon the City Council records and to trans- mit a copy thereof to Mr. Fred E. Bissel, Jr., and WHEREAS, Mr. Fred E. Bissell, Jr. served as a member of the Planning & Zoning, Commission since November 24, 1958, in a dignified, faithful and impartial manner, now THEREFORE. BE IT RESOLV- ED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: That the City of Dubuque ex- tend to Mr. Fred Bissell, Jr. its humble expression of esteem for him in serving the City faithfully and well, and its best wishes for good health, success, and pro. sperit.y for many years to come. Passed, adopted and approved 1 his 2nd day of September, 1969. Waller A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers. Mc- Cauley, Schultz. Nays — None. RESOLUTION NO. 287-69 WHEREAS, the MAYOR'S IN- DUSTRIAI. COMMITTEE, compos- ed of Walter A. Pregler, Mayor, Vincent Kaiser, Chairman of Dock Board, and Robert E. Doro- thy, Manager of Dubuque Indus - trail Bureau, have recommended to the City Council of Dubuque, Iowa, that the application to ex- ercise an option to purchase cer- tain real estate by The Eska Com- pany of Dubuque, Iowa for the expansion of the Eska plant in the City of Dubuque, Iowa, be granted and WHEREAS, the City Council of Dubuque, Iowa has examined said application and said recommenda- tion by the MAYOR'S INDUS. TRIAL COMMITTEE and find that the sale of said real estate should be approved, and VIHEREAS, said real estate sought to be purchased by Eska Company of Dubuque, Iowa is de- scribed and known as: Lot 3 of Lot 1 of Block 5, River - front Subdivision No. 3 in the City of Dubuque, Iowa, subject to existing easements and ease. ments of record. NOW THEREFORE BE IT RE- SOLVED i3Y THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of The Eska Company of Dubuque, Iowa to exercise its option to pur- chase a parcel of real estate in the City of Dubuque, Iowa, which real estate is described and known as follows: Lot 3 of Lot 1 of Block 5, River - front Subdivision No. 3 in the 394 Adjourned Regular Session, September 2, 1969 City of Dubuque, Iowa., subject to existing easements and ease- ments of record. be and the same is hereby ap- proved upon the following; terms and conditions: A. That said real estate be sold to The Eska Company of Dubu- que, Iowa for its expansion proportionate to its present facilities. B. That the sale price for said real estate shall be in the a- mount of $5,000 per acre or a total purchase price of $17,- 350.00. C. That The Eska Company final- ize its negotiations with the Dubuque Industrial Develop- ment Corporation to purchase land and buildings located in Blocks 5 and 6 of Riverfront Subdivision No. 3. D. That said land be used by The Eska Company for its expan- sion proportionate to its pre- sent facilities within one (1) year of adoption and passage of this Resolution and shall be completed within two (2) years of date of adoption and pas- sage of this Resolution and upon failure so to do by the purchaser, The Eska Company of Dubuque, Iowa, said real estate shall automatically revert to the City of Dubuque, Iowa, and purchase price, less dam- ages, shall be refunded to the purchaser. E. That the construction of all buildings, yards, parking lots and fences shall be construct- ed in conformance with exist- ing City Codes. Section 2, That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest In real estate as is by law required. Passed, approved and adopted this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald F. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Schultz. Councilman Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, Mc- Cauley, Schultz. Nays — None. RESOLUTION NO. 288.69 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 "B" BEER PERMIT Leona R. Friedman, 620 East 16th Street. Michael F. Pusateri, 2560 Dodge Street Francis T. Rohl, 1700 Central Avenue Cyril Meitl, 1555 Central Avenue Arsenius A. Hanson, 107 Locust Street Leona Marburger, 1091 White Street Emma At. Scherer, 1187 Iowa Street Dennis Burns, 2316 Universtiy Avenue CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Randalls, Inc., 2600 Dodge Street Plaza 20 Passed, adopted and approved this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays—Norte. Adjourned Regular Session, September 2, 1969 395 RESOLUTION NO. 289.69 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived 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 o Beer Permit ng named applicants CLASS "B" BEER PERMIT Leona R. Friedman, 620 East 16th Street Michael F. Pusateri, 2560 Dodge Street Francis T. Kohl, 1700 Central Av- enue Cyril Meitl, 1555 Central Avenue Arsenius A. Hanson, 107 Locust Street Leona Marburger, 1051 White Street Emma M. Scherer, 1187 Iowa Street Dennis Burns, 231.6 University Av. enue CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Randalls, Inc., 2600 Dodge Street Plaza 20 BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley Schultz. Nays—None. RESOLUTION NO. 290.69 WHEREAS, applications for 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 grant- ed and licenses be 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 American Veterans of World War No. 2 do Korea Post No. 3, 88 West 4th Street Leo B. Grass, 1105 University Av- enue Leona Marburger, 1091 White Street Passed, adopted and approved this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 291.69 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 premisesto be occupied by such applicants re inspected and found to Comply with the Slate Law and an City ordinance 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. 396 Adjourned Regular Session, September 2, 1969 CLASS "C" COMMERCIAL ESTABLISHMENT American Veterans of World War ..v2 & Korea Post #3 36 West. 4th Street Leo B. Grass, 1105 University Avenue Leona Marburger, 1091 White Street Passed, adopted and approved this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Meyers moved ad. option of the resolution. Seconded by Councilman Couch. j man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays — None. I There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, Me- I Cauley, Schultz. j Nays — None. { Leo F. Frommelt City Clerk ApprovedFebrua73 16,19 0 Adopted ?' A.r UE}I'V 1E7i1g7Q " I City Clerk Special Session, September 9, 1969 397 CITY COUNCIL' OFFICIAL. ....Special Session, September 9, 1969. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Pregler, Councilmen Couchman, Meyers, McCauley. City Manager Gilbert D. Chav- venelle. Absent — Councilman Merlin F. Schultz. (out of city) Mayor Pregler read the call and stated that service thereof had been duly and this meeting is call- ed for the PURPOSE OF CON- DUCTING A PUBLIC HEARING ON THE BUDGET ESTIMATE OF EXPENDITURES FOR THE YEAR 1970, and acting upon such other business as may properly come before a regular meeting of the City Council. September 2, 1969 City Council City of Dubuque Gentlemen: An application for purchase of a parcel of city owned land on East 12th Street has been received by this committee from the Art Pape Transfer Co. of Dubuque. This firm has enjoyed a rapid growth in the past few years, and is unable to expand further at the present location on Rockdale Road. Many of the industries served by Art Pape Transfer are located in the general vicinity of the lot which they desire to buy. A half million dollar payroll is expected by the year 1970. Based on a consideration of the facts, some of which are listed above, this committee recommends the sale of 227 feet of land front. ing on East 12th Street (formerly owned by Gierke Robinson Com- pany and recently repurchased by the City of Dubuque. The follow- ing conditions will apply: 1. That the selling price of this lot be 20 cents per square foot, for a total price of $8,- 448, ten per cent of which is included herewith to bind the offer. (Check attached) 2. That Art Pape Transfer Co. agrees to becomes a part-owner in the private sewer company formed by the other lot owners on East 12th St., and that Art Pape Transfer agrees to abide by the decision of the majority of these lot owners, and that Art Pape pay a re- presentative and equitable share of installation of said sewer which serves the pro- perty being sold. 3. That construction of buildings and other facilities be com- menced with one year of date of purchase, and completed within two years of same date, other wise ownership of said land to revert to City of Du- buque, and purchase price, less damages, be refunded the buyer. 4. That construction of plant and ancillary improvements be in conformity with existing codes and easements. 5. That. Art Pape Transfer work out a private agreement with interstate Power Company re- lative to that firm's utility easement in the area. This recommendation is respect- fully submitted for your considera- tion. Mayor's Industrial Committe Walter A. Pregler Mayor Vincent Kaiser Chairman Board of Dock Commissioner Robert Dorothy, Mgr Ind, Bureau Mayor Pregler moved approval of the offer and referred same to the City Attorney for proper proceedings. Seconded by Councilman Mey. ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Me - Cauley. Nays — None. Absent — Councilman Schultz. Communication of Harroy A. Koch Co. submitting a progress report relative to the bond of Hawkins Construction Co. & Kor shoj Construction Co. for the construction of Waste Water Treat. ment Facilities and req ting completion of the report, present. ed and read. Councilman Meyers moved that the communication be referred to the City Engineer for execution - Seconded by Mayor Pregler. Carried by the following vote: 398 Special Session, September 9, 1989 Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. Communication of City Manager and Police Chief requesting that Donald Thilmany be appointed to the Police Department, subject to final certification of the Civil Service Commission, requested and read. Councilman Meyers moved approval of the appointment sub- ject to final certification of the Civil Service Commission. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. September 8, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you the letter of Mr. and Mrs. J. P. Miller re- lative to the overgrowth of brush and vines. The letter was referred to me for report. I am enclosing a copy of the Health Department memorandum of an inspection of the situation made by the Health Sanitarian on August 7th. The sanitarian rein- spected the location on September 4th at which time he discussed the problem with Mr. Miller, who is reported to be in agreement with the finding of the sanitarian. After reviewing the reports of the Health Department and dis- cussing the matter with the sani- tarian, I find that there is no violation of city ordinances. This has been reported to Mr. Miller. Respectfully, Gilbert D. Chavenelie City Mgr. Councilman Couchman moved that the communication be receiv. ed and filed. Seconded by Mayor Preglcr. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, Mc- Cauley. Nays — None. Absent — C3uncilman Schultz. Notice of Hearing set for Octo. ber 31, 1969, in the matter of trust under item twenty one of the will of Charles McLean Deceased with an interest of 5% of trust pro. perty to the Carnegie Stout Lib. rary upon the death of Charles McLean's wife, presented and read. Councilman Meyers moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men, Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. Notice of Appeal in the District Court by Dorothy Bray from ap. praisal award granted on the North 20' of Lot 21 in the City of Dubu. que in the Urban Renewal area. presented and read. Councilman Meyers moved that the notice be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. c- Cauley. Nays — None. Absent — Councilman Schultz. Notice of claim of Julia Geral- dine Grutsch of Avon Minnesota, in an underdetermined amount, for personal injuries received in a fall on a defective sidewalk midway between 14th and 15th street on the easterly side of Central Ave. on August 16, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e . Cauley. Nays — None. Absent — Councilman Schultz. Petition of Peoples Natural Gas requesting permission to excavate in Balke Street to provide new customer service, presented and read. Mayor Pregler moved approval of the petition subject to approval of the Engineering Department. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- Special Session, Septcmber 9. 1989 399 men Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. Petition of Link Realty Co. re- questing permission and submit• ting a sketch for the installation of street lights in Horizon Rest Subdivision presented and read. Councilman Meyers moved ap- proval of the petition subject to approval of the City Manager and Electrical inspector. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Me- Cauley. e- Cauley. Nays — None. Absent — Councilman Schultz. Petition of John Kennedy re- questing permission to excavate at 1251 Kaufmann Ave. to install sewer and water service, present- ed and read. Councilman Couchman moved approval of the petition subject to approval of the Engineering Department. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Coucil- men Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. Ict anyonet present address the council if they so desire. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. c- Cauley, Nays — None. Absent — Councilman Schultz. Petition of Frommelt Building Corporation requesting permission to construct a portion of the pro- posed extension to their building located on Huff Street on pre- sently leased city owned property, presented and read. Mayor Pregler moved that the petition be approved subject to approval of the City Solicitor. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. Petition of Clin-Que Inc. request- ing removal of the obstruction to the free and uninterrupted use of Bies Drive, said obstruction be- ing placed there by the City and is in violation of Section 389. 12 of the Code of Iowa, presented and read. Mayor Pregler moved that the petition be received and filed and the rules suspended in order to Mr. Robert M. Bertsch, attorney for Clin-Que, Inc. addressed the Council in support of the petition by stating that the obstruction in Bies Drive should be removed and his client is at a loss to under- stand why the street has been blocked. The improvements to the Clin-Que Addition in the form of street and water mains, have been paid for by the private develop- ers. The erection of the barricade and the obstruction of Bies Drive by the City is an unwarranted act which may cause extensive dam- age to Clin-Que, Inc., in the development of its property. Mr. Bertsch was advised that the street is being cut up by heavy vehicles and the dust nuisance has been cause for a continual line of complaints from the resi- dents in the area. Councilman Couchman moved that the petition be referred to City Solicitor Russo. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e . Cauley. Nays — None. Absent — Councilman Schultz. Petition of LaVern G. Kieffer d/b/a Resurrection Mens Service Club requesting a refund of $150. on the unexpired portion of Class B beer Permit No. 55, as they have discontinued business on Sept- ember 8, 1969, presented and read. Councilman Meyers moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couch- man. .vote: Carried by the following Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley. Nays — None, Absent — Councilman Schultz. 400 Special Session, September 9, 1969 August 29, 1969. To the Honorable Mayor and Members of the City Council. Gentlemen: Attached hereto is a list of parcels 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 exemption as filed and applied for by the property own- ers that have ten acres of land or more, in one piece or parcel, within the City Limits. These property owners, by filing these applications, certify that the land is being used for agricultural or horticultural 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 Mgr. Councilman Couchman moved approval of the list. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e . Cauley. Nays — None. Absent — Councilman Schultz. Proof of Publication, certified to by the Publisher, of Notice of public hearing on Budget Esti. mate and Record of Filing of the estimate of expenditures for the year beginning January 1, 1970, presented and read. BUDGET ESTIMATE AND RECORD OF FILING Town and City Estimate NOTICE—The C;ty council of Dubuque of Dubuque County, Iowa. will meet Sep- tember 9, 1%9, at 7:30 o.m. Daylight Soving Tune at City liall. Taxpayers Will be heard 1cr or against Me following estimate of expenditures for the Year peglnning January 1, 1970. A oetailed statement of recelots and disbursements, beth oast and anticipated will be available al the hearing. Leo F. Frommelt City Clerk 1 2 ° EXPENDITURES b Za? FOR YEAR IE fe do po e iL IL For Year For Ycfir d ^ ySj' Cc „ C`a U 1967 1968 WW ' u _ .., r I or General iSI 243. - 547,638. 525,055. 576,889. 10,006. ?74,8!0. j2e2,009.- Street 35,370. 181,779. 153,049. 198,879. Public Safety 17,482, 1,410,{08. 1,516086. t,<99,710. 21,060 4612,264. 826. 1,208 81114 Sanitation 90,143. 441,378. 536,953. I,W7,265. 33,500. 614,821. 4[8,944. Municipal Enterprise 58,466, 317,545. 312,902. 3/0,8:18. IS,SW. 13),130. 218,208. Recreation 43,178. 378,C89. 468730. 490,746. 14,100. 78,950. 39/,696. Utilities 135,195. 868,496. 1,141,333. 1,333,395. 152.694. 1,0?8,950. 151,751 Debt Ser vIce I 346,514, 354.795. /46,243. 7,406. 3,500, 735,343 Trust and Agency 3,475. 453,762. 446,565. 708 Emergency7,506,215. 70903,,904145 $?reet (Rood 3,g.0. .. Use Tax) 483,455. 261,831. 625,667. 1,016,514. 216,514. 800,000. Liquor Profit 143,156, 97,121, 81,637. Parking Facilities 240,948. 170,464. 167,417. 259,803. _L25941M, _-TOTALS 1,405,133. i 5,469,737. 16,712,187. 1 B,S/3,076 1 511,706. ! 3,686,399. 1 4,374,969. Estimated Taxes per f1,000.W of asf ssa; value s46.15 11. &21 Councilman Meyers moved that the proof of publication be receiv- ed and filed, Seconded by Mayor Pregler. Carried by the following VOW Yeas — Mayor Pregler, Council- men, Couchman, Meyers, Mc- Cauley. Nays — None. Absent — Councilman Schultz. September 9, 1969 Honorable Mayor and City Council Gentlemen: At a meeting of the employees, employed in the Street, Rubbish, Sewer Department, Park and Re - c r e a t i o n Departments, held September 8, 1969, the wage pro• posal for 1970 was accepted an Special Session, September 9, 1969 401 almost unanimous vote of those present at the meeting. I have been authorized by this group to thank the City Council for p while h lestprepar prioP eiven this paring 1970 group budget. Very truly yours, Owen Riley Pres. Local 421 Mayor Pregler moved that the communication be received and filed and made a matter of record. an Couch. Seconded by Councilman man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Me, Cauley. Nays — None. Absent -- Councilman Schultz. September 9, 1969 Honorable Walter A. Pregler Mayor of Dubuque, and the City Council of Dubuque Dear Mayor and City Council: The Dubuque Area Chamber of Commerce, through its Tax Study Committee met with the City Manager and his staff several times to review the proposed 1970 City Budget. We concur in giving general approval to said overall budget as presented and recom. mend its adoption. In reviewing the City Budget, we have noted several items which we would at this time like to call to the attention of the City Coun. cil. i. The budget is nearly one month late in its presentation to the Council, and we feel that constant surveilance of the budget processes in the future would allow further and more comprehensive study by both the Council and in- terested Citizen Groups. 2. This budget proposal of $8,- 660,423.00 is financed by a tax rate of 46.1548 mills, which is an increase of 12% levied on an estimated $93,944,145.00 value of property subject to the property tax, which has increased only 2.8%. 3. Salaries and Wages represent by far the largest portion of the total budget at 44.62%. The Tax Study Committee re. cognizes the necessity of a wage plan which is competitive with that of private industry and is in complete agreement with the $42.00 per month increase for all regular em- ployees, plus increased health and welfare benefits. Several expense items have been shifted into non regulat- ed funds in order to stay within the State imposed 30 mill limit. While on the sur- face this practice may seem imprudent, a closer examina- tion readily reveals that in order to pay living wages, re- tire indebtedness, and main• tain the excellent credit rating of the City, this practice is necessary and totally justi• fied, however, continued shift- ing of funds in the future must be eliminated in order to maintain the 30 mill require- ment. `i. Included in this budget is an allocation of $40,000.00 for the lease -purchase of a City Garage facility. While a bond issue of $465,000.00 was defeated by the voters in 1967, we feel that this is a needed facility and that the cost and financing of this item, presents a reason- able and economically sound approach toward acquiring this capital improvement at a re- duced cost. 6. Also included is a request of $20,000.00 for the purchase of books for a mobile library system. This would appear to be a realistic approach to the expansion of our library and a planned method of growth. 7. In view of the loss of Elm trees, and the necessity of their removal, we feel that the method of financing this re- moval by borrowing is justi- fied as a matter of public safety. The Committee feels that the budget reflects the needs of the City, and has provided for ad- vance planning to the extend pos- sible under the law. We wish to thank the City Man- ager and his staff for the co operation and assistance in review- ing the: budget. We feel thatit is worthy of community support and recommend its adoption. 402 Special Session. September 9, 1969 Sincerely, Richard P. Friedman, Chairman Dubuque Area Chamber of Commerce City Research Com. Cyril J. Friedman, Pres. Dubuque Area Chamber of Com- merce. Mayor Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. Mr. Arthur Boardman, Secre- tary -Treasurer of Dubuque County Taxpayers Assn. of 91 Burns St., addressed the Council by stating the City has a priority on every- thing and also a control on taxes. He objected to a portion of the budget and critized the idea of going into debt. He did not how- ever object to proposed pay raises for City employees. RESOLUTION NO. 29269 WHEREAS. the Council of the City of Dubuque, Iowa, caused to be prepared and published as provided by law, the BUDGET ESTIMATE OF EXPENDITURES for the fiscal year beginning Janu- uary 1, 1970, and ending December 31, 1970, and the hearing upon said Budget Estimate was fixed for the 9th day of September, 1969, at 7:30 o'clock P.M. Central Daylight Saving Time, in the Council Chamber at the City Hall: and WHEREAS, this being the time 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 Budget 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, 1970 and ending December 31, 1970 here- tofore prepared and published be and the same is hereby finally approved and adpoted 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 publication and the notice of hear. ing 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 9th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, M c . Cauley. Nays — None. Absent — Councilman Schultz RESOLUTION NO. 293.69 A resolution establishing the tax levies for the year 1969, the taxes to be collected in the year 1970, 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 1970 the following number of mills on the dollar of all taxable property within the corporate limits of said City. 2.3739 General Fund 1.8960 Street Fund 12.8681 Public Safety Fund 4.5660 Sanitation Fund 2.3227 Municipal Enterprise Fund 4.2333 Recreation Fund 1.6153 Utilities Fund .4473 Police Pension Fund 1.6819 Police Retirement Fund .7536 Fire Pension Fund 2.2279 Fire Retirement Fund .5349 I.P.E.R.S. Fund 7.8275 Debt Service Fund 1.0000 Emergency Fund .8782 Federal Social Security Fund .9282 Health Insurance Fund 46.1548 Total mills Special Session, September 9, 1969 403 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 Ex- penditures as adopted by this Council on the 9th day of Sept- ember 1969, to the Auditor of Dubuque County. Passed, adopted and approved this 9th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley. Nays — None. Absent --- Councilman Schultz. RESOLUTION NO. 29469 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 dir- ection 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 OF DUBUQUE, IOWA: Section 1. That delivery of deed to the City of Dubuque for th following described parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15 i hereby ratified and accepted by the City of Dubuque. GRANTOR GRAND OPERA HOUSE, Inc. Deed dated August 13, 1969 Recorded in Book 199, Page 535 PROPERTY DESCRIPTION The North one-third of lot 749 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. (Parcel 9.9) Section 2. That the recording of the respective deeds of convey. ance of the 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 9th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men, Couchman, Meyers, Mc- Cauley. c-Cauley. Nays — None. Absent — Councilman Schultz. RESOLUTION NO. 29569 WHEREAS, Joseph J. Herbst and Katherine Herbst, husband and wife, have conveyed to the City of Dubuque the following described real estate: Lot 2 of NEY4 of NWY4 of Sec- tion 23, T. 89 N.R. 2E of the 5th P.M. By Warranty Deed dated August 15, 1969 and, WHEREAS, delivery of said War- ranty Deed should be accepted. NOW. THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA - Section 1. That delivery of War- e ranty Deed dated August 15, 1969, wherein Joseph J. Herbst and Katherine Herbst, husband and s wife, convey unto the City of Du- 404 Special Session, September 9, 1969 buque, Iowa, the real estate here- in and above described be and the same is hereby accepted. Section 2. That the real estate herein and above described be and the same hereby designated as part of as Pennsylvania Avenue of City of Dubuque in the City of Dubuque, Iowa. Passed, approved and adopted this 9th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Attest: Councilmen Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. Dubuque Airport Commission RESOLUTION NO. 3.69 WHEREAS, the Airport Com- mission of the City of Dubuque, Iowa has determined the necessity for making certain improvements to the Dubuque Municipal Airport consisting of, among other things, the resurfacing of the runways; NOW THEREFORE BE IT RE- SOLVED BY THE AIRPORT COM- MISSION OF THE CITY OF DU- BUQUE, IOWA: Section 1. That it is necessary for the maintenance and operation of the Dubuque Municipal Airport that the runways be resurfaced. Section 2. That the Airport Com- mission of the City of Dubuque, Iowa herewith requests that the City Council of the City of Dubu- que, Iowa proceed with the sale and issuance of $100,000.00 Gen. eral Obligation Bonds to pay for the cost of said improvements. Passed, approved and adopted this 9th day of September, 1969. L. M. Harney Chairman F. Robert Woodward W. M. Clemens, Jr. L. L. Petersen Attest: F. Robert Woodward Secretary Attest: ,teff G. Molid Dubuque, Iowa September 9, 1969 Extract of minutes of special meeting, Dubuque Airport Com- mission 9/9/69 The Airport Commission of the City of Dubuque, Iowa met in special session pursuant to ad- journment and the rules of said Commission at airport in said City at10:00 o'clock A.M. The meeting was called to order and the roll being called, there were present L. M. Harney, Chairman, in the chair, and the following named Commissioners: L. L. Peterson, Wm. Clemens, Jr., F. Robert Woodward. Absent: Vick J. Grice CommissionerWm. Clemens, Jr. introduced and caused to be read a resolution requesting the City Council proceed with the sale of $100,000.00 Airport Bonds for the purpose of adding a three inch asphalt mat to runway 13-31 on the Dubuque Municipal Airport, its purpose to prevent further deterioration of the present con- crete and to strengthen this run- way for the added loading due to the Airlines use of the DC -9-30. Mr. Wm. Clemens, Jr. moved the adoption of the resolution. After due consideration of said resolution by the Commission, the Chairman put the question and upon the roll being called the following voted: Aye: Chairman L. M. Harney, Com- missioners F. R. Woodward, L. L. Peterson, Wm. Clemens, Jr. Nay: None. WHEREUPON the Chairman declared said Resolution duly adopted. On motion and vote meeting adjourned. CERTIFICATE OF SECRETARY AIRPORT COMMISSION I,F. Robert Woodward, Sr., the duly qualified and acting Secre- tary of the Dubuque Airport Com- mission do hereby certify that the attached Extract from the Minutes of the special meeting of the Du. buque Airport Commission, held on September 9, 1969, is a true and correct copy of the original minutes of said meeting on file and of record Insofar as said ori- ginal minutes relate to the matters set forth in said attached Extract, and I do further certify that the Special Session, September 9. 1969 405 copy of the Resolution appearing in said attached Extract is a true and correct copy of such Resolu- tion adopted at said meeting and on file and of record. meeting and on file and of record. In TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Dubuque Airport Commission this 9th day of Sept- ember, 1989. F. Robert Woodward Secretary Mayor Pregler concurred in the resolution and that same be made a matter of record. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. RESOLUTION NO. 49669 RESOLUTION to fix a data of mating at which It is proposed to take action for the issuance of $100,000 Airport Bonds. WHEREAS pursuant to an elec- tion held on August 14, 1950, the City of Dubuque, Iowa, has here- tofore established a municipal airport 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 prin- cipal amount of $100,000 for the purpose of paying the cost, to that amount, of said improvements; and WHEREAS said City has here- tofore created an Airport Com- mission for the management and control 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 Commission has adopted a reso- lution reciting the necessity for improving the municipal airport and requesting this Council to Proceed with the advertisement, sale and issuance of $100,000 Airport Bonds of said City to pav the cost of such improvements and a certified copy of said reso- lution has been filed with the City Clerk and presented to this Council for appropriate action; and WHEREAS it is first required that notice and hearing on the issuance of such bonds be given in the manner, form and time prescribed by Chapters 23 and 408A of the Code of Iowa, 1966; NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this City Council meet at the Council Chambers in the City Hall within said City on the 29th day of September, 1969, at 12:00 o'clock Noon., Central Daylight Saving Time, at which time and place proceedings will be instituted and action taken for the issuance of $100,000 Airport Bonds for the purpose set out in the preamble 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 maxi- mum rate of interest which said bonds are to bear, and the time when and place where said meet- ing will be held, by publication at least once for at least fifteen (15) days before said meeting, in the "Telegraph -Herald", a news- paper published in said City and having a general circulation there- in. Said notice shall be in sub. stantially the following 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 29th day of September, 1969, at the Council Chambers in the City Hall, Dubuque, Iowa, at 12:00 o'clock Noon., Central Day- light Saving Time, forthe - pose of instituting proceedings and taking action for the issu- ance of $100,000 Airport Bonds of said City, bearing interest at a rate or rates not exceeding six per cent (6%) per annum, for the purpose of paying the cost, to that amount, of improving the municipal airport of said City. At any time before the date of said meeting petitions objecting to the issuance of said bonds or asking that the question of issu- 406 Special Session, September 9, 1969 ing 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, 330.16 or 408A.2 of the Code Iowa, 1966. By order of the City Council September 9, 1969. 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 its passage and approval. Passed and approved September 9, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. RESOLUTION NO. 297-69 RESOLUTION providing for the advertisement of $100,000 Airport Bonds. WHEREAS the Airport Commis- sion and the City Council of the City of Dubuque, Iowa, have here- tofore determined it to be advis- able and necessary that the municipal airport of the City be improved and it is necessary and for the best interests of said City that $100,000 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 I. That Airport Bonds of said City in the amount of $100,000 be advertised for sale, such bonds to be dated October 1, 1969, bearing interest payable January 1, 1970, and semi-annually thereafter, and maturing in nu- merical order $25,000 on January 1 of each of the years 1974 to 1977, inclusive, and that bids be requested for action thereon at the Council Chambers in the City Hall in said City at 12:00 Noon, Central Daylight Saving Time, on September 29, 1959, 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 consective weeks in the "Telegraph -Herald", a newspaper published and of gen. eral circulation in Dubuque Coun. ty, Iowa, such advertisement to be in the form customarily em. ployed 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 September 9, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 9, 1969. Leo 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 29th day of September, 1969, at the office of the City Clerk in the City Hall, Dubuque, Iowa, for the purchase of $100,000 Airport Bonds of the City of Dubuque, Iowa, at which time such bids will be referred to the City Coun- cil 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 con- cluded 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 Octo- ber 1, 1969, in the denomination of $5,000 bear interest at a rate or rates not exceeding Six per cent (6%) per annum, payable January 1, 1970, and semiannually thereafter, registrable as to prin- cipal only, and will mature in numerical order $25,000 on Janu- ary 1 of each of the years 1974 to 1977, inclusive. None of said bonds will be optional for redem- a. Special Session, September 9, 1969 407 ption prior 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 the interest rate or rates for the bonds in a multiple 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 not constitute an addi- tional interest rate. Each install- ment of interest will be repre- sented by a single coupon on each bond. The txmds will be awarded to the best bidder deter- mined upon the basis of the lowest total interest cost at the rate or rates designed in his bid from October 1, 1969, to the re- specitve final maturity dates, after deducting any premium. In the opinion of bond counsel interest on these bonds is exempt as of the date of this notice from Federal Income Taxes under presently existing laws, regula- tions, decisions and interpreta- tions. The purchaser will not be required to take up and pay for the bonds if at the time of deli- very there has been any federal legislation, decision or regulation which would affect the tax ex- emption of all or any part of the interest on these bonds and the deposit of the successful bidder will be returned. A separate opinion of bond counsel concerning such t a x exemption will be furnished as of the date of delivery to the purchaser if requested. These bonds will constitute general obligations of the City payable from taxes levied upon all the taxable property in the City without limitation as to rate or amount. Said bonds are expect- ed to be delivered within thirty (30) days after the sale at any mutually agreeable bank or trust company in the City of Chicago, Illinois, 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 .he purchaser, the City may can - ,,el the award or the purchaser may withdraw his check and .hereafter his interest in and lia- bility for the bonds will cease, 1'he City will furnish the printed bonds and the approving opinion of Messrs. Chapman and Cutler, Lawyers, Chicago, Illinois, toge. ther with the transcript and usual closing papers, including non -litigation certificate, and all bids may be so conditioned. Each bidder must furnish a certified or cashier's check drawn on a solvent state or national bark or trust company for $2000 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 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 discretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent information relative to the City. For copies of that Statement and the Official Bid Form, or for any additional information, any pro- spective purchaser is referred to the undersigned at the City Hall, Dubuque, Iowa, or the Municipal Finance Consultants to the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chicago, Illinois 60606. Telephone: Area 312 -Financial 6-0858. By order of the City Council of the City of Dubuque, Iowa, Leo F. Frommelt City Clerk Dated: September 9, 1969. Councilman McCauley moved adoption of the resolution. Seconded by C )uncilman couch - man. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, MC* Cauley. Nays — None. Absent Councilman Schultz. 408 Spccial Session, September 9, 1969 RESOLUTION NO. 29"9 RESOLUTION to fix a date of meeting at which it is proposed to take action for the issuance of $100,000 Fire Department Equip- ment Bonds. WHEREAS the City of Dubuque, Iowa, heretofore lawfully orderd- ed the acquisition of certain equipment for the fire department in and for said City, and it is necessary that the cost thereof, to the amount of $100,000. be now provided for by the is- suance of bonds payable from the proceeds of taxes levied on all the taxable property in said City as authorized and permitted by Section 368.16 of the Code of Iowa, 1966, but it is necessary to first provide for notice and hearing in the manner and form required by Section 23.12 and 408A.1 of the Code of Iowr-; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this City Council meet at the Council Chambers in the City Hall within said City on the 29th day of September, 1969, at 12:00 o'clock Noon, Cen. tral Daylight Saving Timeat which time and place proceedings will be instituted and action taken for the issuance of $100,000 Fire Department Equipment Bonds for the purpose of defraying the cost, to that amount, of equipping the fire department in and for 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 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 days before said meeting, in the "Telegraph -Herald," a legal newspaper published in said City and having a general circulation therein. Said notice shall be in substantially the following form: Notice of Meeting for Issuance of Fire Department Equipment Bonds PUBLIC NOTICE I5 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 29th day of Septem- ber, 1969, at the Council Cham- bers in the City Hall in said City, at 12:00 o'clock Noon Central Daylight Saving Time, for the purpose of instituting pro- ceedings and taking action for the issuance of $100,000 Fire De. partment Bonds of said City, bearing interest at a rate or rates not exceeding six per cent (6%) per annum, for the purpose of defraying the cost, to that amount, of equipping the fire department in and for said City. , At any time before the date of said meeting a petition or petitions objecting to the issuance of said bonds or asking that the proposition of issuing said bonds be submitted to the voters of said City may be filed in the office of the City Clerk pursuant to the provisions of Sections 23.13 or 408A.2 of the Code of Iowa, 1966. By order of the City Council September 9, 1969. 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 its passage and approval. Passed and approved September 9, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 9, 1969 Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- man Couchman, Meyers, Mc- Cauley. c- Cauley. Nays — None. Absent — Councilman Schultz. RESOLUTION NO. 299.69 RESOLUTION providing for the advertisement of $100,000 Fire Department Equipment Bonds. WHEREAS the City Council of the City of Dubuque, Iowa, has heretofore lawfully ordered the acquisition of certain equipment for the fire department in and for said City and it is necessary Special Session. September 9, 69 409 and for the best interests of said City that $100.000 Fire Depart- ment Equipment Bondscontemp- lated 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; ,COW. THEREFORE. Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, lows, as follows: Section 1. That. Fire Department Equipment Bonds of said City in the amount of $100,000 be adver- tised for sale, such bonds to be dated October 1. 1969. bearing interest payable January 1. 1970. and semiannually thereafter, and maturing in numerical order $25,000 on January 1 of each of the years 1973 to 1975, 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 Daylicht Saving Time. on Septem- ber 29. 1969, and that the City Clerk he and he is hereby auth. orized 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 gen- eral 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 a= same may be in conflict herewith be and the same are hereby repealed. Passed and approved September 9. 1969. Walter A. Pregler Attest: Mayor Leo F. Frommelt City Clerk Recorded. September 9, 1969 Leo F. Frommelt City Clerk Notice of Sale of Fire Department Equipment Bonds, Dubuque, low Sealed bids will be received until 12:00 o'clock Noon, Central Daylight Saving Time, on the 29t day of September, 1969, at th office of the City Clerk in th City Hall, Dubuque, Iowa, for th Purchase of $100,000 Fire Depart ment Equipment Bonds of the Cit, of Dubuque, Iowa, at which tim such bids will be referred to th City Council of said City at it meeting to be then at the Counci Chambers in the City Hall in said City. Open bidding will be con- cluded not later than 1:00 o'clock P.M. and, after the best open bid has been determined, the sealed bids will be publicly open• ed and the binds will be sold to the highest bidder for cash. Sealed bids will be fully protect. ed. Said bonds will be dated Octo• ber 1, 1969, in the denomination of $5.000. bear interest at a rate or rates not exceeding Six per cent (6%) per annum. payable January 1, 1970, and semi-annually thereafter, registrable as to prin- cipal only, and will mature in numerical order 525,000 on Jnnu- ary 1 of each of the years 1972 to 1975, inclusive. lone of said bonds will be optional for red- emption prior 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 the interest rate or rates for the bonds in a multiple of nne-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. Repeatinz a previously mentioned rate will not constitute an addi- tional interest rate. Each install. ment of interest will he repre gented 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 Octo- her 1, 1969, to the respective final maturity dates, after deducting any premium. In the opinion of bond counsel interest on these bonds is exempt a- of the date of this notice from Iowa Federal Income Taxes under pre- sently existing laws, re,ulations. decisions and interpretations. h The purchaser will not be re" e quired to take up and pav for e the bonds if at the time of deli. e very there has been any federal legislation, decision or regulation v which would affect the tax ex- emption of all or any part of the e interest on these bonds and the s deposit of the successful bidder 1 i will be returned. 408 Spccial Session, September 9, 1969 RESOLUTION NO. 298.69 RESOLUTION to fix a date of meeting at which it is proposed to take action for the issuance of $100,000 Fire Department Equip- ment Bonds. WHEREAS the City of Dubuque, Iowa, heretofore lawfully orderd- ed the acquisition of certain equipment for the fire department in and for said City, and it is necessary that the cost thereof, to the amount of $100,000, be now provided for by the is- suance of bonds payable from the proceeds of taxes levied on all the taxable property in said City as authorized and permitted by Section 368.16 of the Code of Iowa, 1966, but it is necessary to first provide for notice and hearing in the manner and form required by Section 23.12 and 408A.1 of the Code of Iowa; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this City Council meet at the Council Chambers in the City Hall within said City on the 29th day of September, 1969, at 12:00 o'clock Noon, Cen- tral Daylight Saving Time, at which time and place proceedings will be instituted and action taken for the issuance of $100,000 Fire Department Equipment Bonds for the purpose of defraying the cost, to that amount, of equipping the fire department in and for 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 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 days before said meeting, in the "Telegraph -Herald;' a legal newspaper published in said City and having a general circulation therein. Said notice shall be in substantially the following form: Notice of Meeting for Issuance of Fin Department Equipment 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 29th day of Septem- ber, 1969, at the Council Cham- bers in the City Hall in said City, at 12:00 o'clock Noon Central Daylight Saving Time, for the purpose of instituting pro. ceedings and taking action for the issuance of $100,000 Fire De. partment Bonds of said City, bearing interest at a rate or rates not exceeding six per cent (6%) per annum, for the purpose of defraying the cost, to that amount, of equipping the fire department in and for said City. , At any time before the date of said meeting a petition or petitions objecting to the issuance of said bonds or asking that the proposition of issuing said bonds be submitted to the voters of said City may be filed in the office of the City Clerk pursuant to the provisions of Sections 23.13 or 408A.2 of the Code of Iowa, 1966. By order of the City Council September 9, 1969. 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 its passage and approval. Passed and approved September 9, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 9, 1969 Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- man Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz RESOLUTION NO. 299.69 RESOLUTION providing for the advertisement of $100,000 Fire Department Equipment Bonds. WHEREAS the City Council of the City of Dubuque, Iowa, has heretofore lawfully ordered the acquisition of certain equipment for the fire department in and for said City and it is necessary -." Special Session, September 9 1969 and for the best interests of said City that $100,000 Fire Depart- ment Equipment Bonds contemp- lated 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; I NOW, THEREFORE, Be It and It N Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Fire Department Equipment Bonds of said City in the amount of $100,00C) be. adver- tised for sale, such bonds to be dated October 1, 1969, bearing interest payable January 1, 1970. and semiannually thereafter, and maturing in numerical order $25,000 on January I of each of the years 1972 to 1975, 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 I)aylicht Saving Time, on Septem- ber 29, 1989, and that the City Clerk he and he is hereby auth- orized 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 gen- oral circulation in Dubuque County, Iowa, such :advertisement to be in the form customaril> employed for that purpose. Section 2, That all resolutions or orders insofar a, same may be in conflict herewith be and the same are hereby repealed. passed and approved September 9, 1969. Walter A. 11re Der Attest: Mayor Leo F F'rommelt City Clerk Recorded. September 9, 196,9 Leo F. Frommelt City Clerk Notre of Sole of Fire Department Equipment Bonds, Dubuque, Iowa Sealed bids will be received until 12:00 o'clock Noon, Central Daylight Saving Time, on the 291h day of September, 1989, at the office ofthe City Clerk In the City Ball, Dubuque, Iowa, for the purchase of $100,10 Fire Depart - '"I Equipment Bonds of the Cih• Of Dubuque, lora. at which time such bids will be referred to the City Council of said City at its a'" 19 to be then at the* Council Chambers in the City Hail in said City. Open bidding will be con- cluded not later than 1:00 o'clock P.M. and, after the best open bid has been determined, the sealed bids will be publicly open- ed and the bonds will be sold to the highest bidder for cash. Sealed bids will be fully protect- ed. Said bonds will be dated Octo- ber 1. 1989, in the denomination of $5,000, bear interest at a rate or rates not exceeding Six per cent (6%) per annum. payahle .January 1, 1970• and semi-annually thereafter, registrable as to prin. cipal only, and will mature in numerical order 525,000 on Janu. ary I of each of the years 1972 to 1975, inclusive. None of said bonds will be optional for red• emption prior to maturity. Both principal and interest will be movable at the office of the City 'rreasurer, Dubuque, Iowa. Each bid must be for all of said bonds upon terms of not less than par and accrued interest and shall ,;pccify the interest rate or rates for the bonds in a multiple of rine 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 wiII7 not constitute an addi- tional interest rate. Each Install- ment of interest will be repre- sented by a single coupon on each b,ind. The bonds will be awarded to the best bidder determined upon the basis of the Inwest total interest cost at the rate or rates designated in his bid from OctO- her 1, 1969. to the respective final maturity dates, after deducting any premium. In the opinion of bond counsel interest on these bonds is exempt as of the date of this notice from Federal Income Taxes under pre• sently existing laws, regulations. decisions and interpretations. The purchaser will not be re- quired to take up and pay for the bonds if at the. time of deli very there has been env federal legislation, decision or regulation which would affect the tax ex- emption of all or any part of the interest on these bonds and the deposit of the successful bidder will be returned. 410 Special Session, September 9, 1969 A separate opinion of bond counsel concerning such tax ex- emption will be furnished as of the date of delivery to the pur- chaser if requested. These bonds will constitute general obligations of the CRY payable 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 mutu- ally agreeable bank or trust com- pany in the City of Chicago, Illinois, Dubuque, Iowa, or Des Moines, Iowa, without expense to the purchaser. Should delivery be delayed beyond sixty (60) day, 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 and Cutler, Lawyers, Chicago, Illinois, together with the transcript and usual closing papers, including non -litigation certificate, and all bids may be so conditioned. Each bidder must furnish a certified or cashier's check drawn on a solvent state or national bank or trust company for $2000 payable to the order of the City Treasurer of said City as a guarantee of good faith, this amount to be retained pendint; 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 dis- cretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent relative to the City. For copies of that statement and the Official Bid Form, or for any additional information, any prospective pur- chaser is referred to the under- signed at the City Hall, Dubuque, Iowa, or the Municipal Finance Consultants to the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chicago, Illinois 60606, Telephone: Area 312-FInan- cial 6.0858. By order of the City Council of the City of Dubuque, Iowa. Leo F. Frommelt City Clerk Dated: September 9, 1969. Councilman McCauley moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- man Couchman, Meyers, M c - C auley. Nays — None. Absent — Councilman Schultz DUBUQUE PARK BOARD RESOLUTION NO. 69 WHEREAS, the Dubuque Park Board of the City of Dubuque, Iowa has determined the necessity for the removal of numerous trees infected with Dutch Elm disease in the City of Dubuque, Iona; NOW THEREFORE BE IT RE- SOLVED BY THE PARK BOARD OF THE CITY OF DUBUQUE, IOWA: Section 1. That there are num- erous trees infected with Dutch Elm disease in the City of Dubu- que, Iowa and that same should be removed. Section 2. That the Park Board of the City of Dubuque, Iowa herewith requests that the City Council of the City of Dubuque, Iowa proceed with the sale and issuance of $200,000 General Obligation Bonds to pay for the cost of said removal of trees in- fected with Dutch Elm disease in the City of Dubuque, Iowa. Passed, approved and adpoted this 8th day of September, 1969. Frederick R. Appel Chairman Allan R. Kingsley Attest: Dominic W. Goodman Secretary Mayor Pregler moved that the resolution be received and filed and made a matter of record. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregelr, Council- men Couchman, Meyers, Mc- Cauley. c- Cauley. Nays -- None. Absent — Councilman Schultz. Special Session, September 9. 1989 411 The Dubuque Park Burd met ! in special session19 on it o 1day, September 00 Noon. _ Commissioners Ap- Present: pet, Goodman and Kingsley plus Superintendent Kramer. that the Motion by Mr. App' Park Board present a Resolution City to the City Council of of Dubuque requesting them to proceed with the sale and issuance of $200,000.00 General Obligation Bonds to pay for the cost of re- moval of numerous trees infected with Dutch Elm disease in the City of Dubuque, Iowa. Motion was seci mded by Mr. Allan Kingsley and Mr. Dominic Goodman. All approved. Motion carried. Motion by 'sir. Goodman that meeting adjourn. Seconded by Mr. Kingsley. Meeting adjourned. Dominic W. Goodman Secretary. Dubuque Park Board Attest: Fredrick R. Appel Chairman Date: 9 8 69 RESOLUTION NO. 30069 September 8, 1969, at 12:00 RESOLUTION to a fix a date of meeting at which it is proposed to take action for the issuance of $200,000 Tree Removal Bonds. WIEREAS, pursuant to a duly enacted ordinance, the City of Dubuque, Iowa, has heretofore assumed charge, custody and con- trol of all trees and shrubbery upon the public streets of said City, and the planting, pruning, care, removal and maintenance of all trees and shrubbery• upon the public streets of said City has not been conferred upon the Board of Park Commissioners of said City but is supervised by the City Council, all as permitted and Provided for by Section 368.32 of the Code of Iowa, 1966, as amend- ed; and WHEREAS they City of Dubuque. lows, bears the cost of the re moval and replacement of tree. on public property in said Cit and, as a result of the rapid spree of dutch elm disease, an emer tency exists making it necessar, and for the best interests of sai City that a large number of diseased elm trees be removed from public property and replaced with healthy trees; and WHEREAS it is necessary that the cost of the removal and re- placement of diseased elm trees on public property in said City, to the amount of $200,000, be now provided for by the issuance of bonds payable from the proceeds of taxes levied on all the taxable property in said City as authorized and permitted by Sectinn 368.32 of the Code of Iowa, 1Q66. as a- mended by House File 183 of the Acts of the Sixty-third General Assembly of the State of Iowa, but it is necessary to first provide for notice and hearing in the manner and form required by Sections 23.12 and 40BA-1 of the Code of Inwa; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque. Iowa, as follows: Stolon 1, That this Council meet at the Council Chambers in the City Hall in said City on the 29th day of September. 1969, at 12.:00 Noon., Central Daylight Saving Time, at %hich time and place proceedings will be institut- ed and action taken for the is- suance of $200,000 Tree Removal Bonds for the purpose of paying the cost, to that amount, of the removal and replacement of diseas. ed elm trees on public property in said City, as referred to in the preamble hereof. SWIon 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 maximum rate of interest which said binds are to bear, and the time meetingwillbe held bn and pla(,c y publ cere la• tion at least once not less than fifteen f15t days before said meet- ing, in the "Televraph-Herald," a newspaper published and having a general circulation within saisub- City. Said notice shall be in stantially the following form: NOTICE OF MEETING FOR 5 ISSUANCE OFONDSE REMOVAL City NOTICE IS HEREBY d PUBLIC GIVEN pursuant to Section 23.12 d I llid gg6 what !the City COuucilf of the 412 Special Session, September 9, 1969 City of Dubuque, in Dubuque County, Iowa, will meet on the 29th day of Septembers, 1969, at the Council Chambers in the City Hall, Dubuque, Iowa, at 12:00 Noon. Central Daylight Saving Time, for the purpose of institut- ing proceedings and taking action for the issuance of $200,000 Tree Removal Bonds of said City, bear- ing interest at a rate or rates not exceeding six per cent (6%) per annum, for the purpose of de- fraying the cost, to that amount, of the removal and replacement of diseased elm trees on public property in said City. At any time before the date of said meeting a petition or peti- tions objecting to the issuance of said bonds or asking that the proposition of issuing said bonds be submitted to the voters of said City may be filed in the office of the City Clerk pursuant to the provisions of Sections 23.13 or 408A.2 of the Code of Iowa, 1966. By order of the City Council September 9, 1969. Leo F. Frommelt City Clerk Section 3. That all resolutions or parts thereof in conflict here- with be and the same are hereby replealed, and this resolution shall be effective forthwith upon its Passage and approval. Passed and approved September 9, 1969. Walter A. Pregler Mayor Attest: , Leo F. Frommelt City Clerk Recorded September 9, 1969. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- man Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. RESOLUTION NO. 301.69 RESOLUTION providing for the advertisement of $200,000 Tree Removal Bonds. WHEREAS the City Council of the City of Dubuque, Iowa, has heretofore determined it to be advisable and necessary that diseas. ed elm trees be removed from public property in said City and replaced with healthy trees, and it is necessary and for the best interests of said City that $200,000 Tree Removal Bonds contemplated 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 Tree Removal Bonds of said City in the amount of $200,000 be advertised for sale, such bonds to be dated October 1, 1969, bearing interest .payable January 1, 1970, and semi- annually thereafter, and maturing in numerical order $75,000 on January 1 of each of the years 1972 and 1973, and $50,000 on January 1, 1974, 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 Ttime, on Sept. 29, 1969, and that the City Clerk be and he is hereby auth- orized and directed to publish 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 September 9, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 9, 1969. Leo F. Frommelt City Clerk NOTICE OF SALE OF TREE REMOVAL BONDS DUBUQUE, IOWA Sealed bids will be received until 12:00 o'clock Noon, Central Daylight Saving Time, on the 29th day of Septembet, 1969, at the of- fice of the City Clerk in the City Hall, Dubuque, Iowa, for the pur- Special Session, September 9, 1969 413 chase of s2o0,000 Tree Removal 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 heldt t11Council city. open the Ci311 ty bidding WIII be concluded not later 1 o'clock p.m. and, after the best open bid has been determined, tiie 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 October 1, 1969, in the denomina. tion of $5,000, bear interest at a rate or rates not exceeding Six per cent (6%) per annum, payable January 1, 1970, and semiannually thereafter, registrable as to prin. cipal only, and will mature in numerical order $75,000 on Janu- ary 1 of each of the years 1972 and 1973, and $30.000 on Janu- ary 1, 1974. None of said bonds will be optional for redemption prior 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 the interest rate or rates for the bonds in a multiple of one-quarter or one-tenth of one per cent provided that only one rate shall be speci- fied for a single maturity and not more than three rates may be named for the issue. Repeating a previously mentioned rate will not constitute an additional in- terest rate. Each installment of interest 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 October 1, 1969, to the respective final maturity dates. after deducting any premium. In the opinion of bond counsel interest on the bonds is exempt as of the date of this notice from Federal Income Taxes under pre- sently existing laws, regulations, decisions and interpretations. The purchaser will not be re- quired to take up and pay for the bonds if at the time of delivery there has been amny federal legis- lation' decision or regulatiot which would effect the tax exempt - tion of all or any part of the interest on these bonds and the deposit of the successful bidder will be returned. A separate opinion of bond counsel concerning such tax ex- emption will be furnished as of the date of delivery to the pur- chaser if requested. These bonds will constitute general obligations of the City payable from taxes levied upon 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 mutu- ally agreeable Bank or Trust Com- pany in the City of Chicago, Iili- 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 reasons except failure of performance by the purchaser, 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 furnish the printed bonds and the approving opinion of Wssrs. Chapman and Cutler, Lawyers. Chicago, Illnois, together with the transcript and usual closing papers, including non -litigation certificate, and all bids may be so conditioned. Each bidder must furnish a certified or cashier's check drawn on a solvent state or National Bank or Trust Company for $4000 payable to the order of the City Treasurer of said City as a guarantee of g3od 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 b,)nds when ready in accordance with his bid, iling ich m u s t be reduced to ` r 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 information relative to the City' For copies of that statement and I additiofnalalinformal on,o anyr pro. I Special Session, September 9, 1989 413 chase of s2o0,000 Tree Removal 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 heldt t11Council city. open the Ci311 ty bidding WIII be concluded not later 1 o'clock p.m. and, after the best open bid has been determined, tiie 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 October 1, 1969, in the denomina. tion of $5,000, bear interest at a rate or rates not exceeding Six per cent (6%) per annum, payable January 1, 1970, and semiannually thereafter, registrable as to prin. cipal only, and will mature in numerical order $75,000 on Janu- ary 1 of each of the years 1972 and 1973, and $30.000 on Janu- ary 1, 1974. None of said bonds will be optional for redemption prior 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 the interest rate or rates for the bonds in a multiple of one-quarter or one-tenth of one per cent provided that only one rate shall be speci- fied for a single maturity and not more than three rates may be named for the issue. Repeating a previously mentioned rate will not constitute an additional in- terest rate. Each installment of interest 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 October 1, 1969, to the respective final maturity dates. after deducting any premium. In the opinion of bond counsel interest on the bonds is exempt as of the date of this notice from Federal Income Taxes under pre- sently existing laws, regulations, decisions and interpretations. The purchaser will not be re- quired to take up and pay for the bonds if at the time of delivery there has been amny federal legis- lation' decision or regulatiot which would effect the tax exempt - tion of all or any part of the interest on these bonds and the deposit of the successful bidder will be returned. A separate opinion of bond counsel concerning such tax ex- emption will be furnished as of the date of delivery to the pur- chaser if requested. These bonds will constitute general obligations of the City payable from taxes levied upon 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 mutu- ally agreeable Bank or Trust Com- pany in the City of Chicago, Iili- 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 reasons except failure of performance by the purchaser, 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 furnish the printed bonds and the approving opinion of Wssrs. Chapman and Cutler, Lawyers. Chicago, Illnois, together with the transcript and usual closing papers, including non -litigation certificate, and all bids may be so conditioned. Each bidder must furnish a certified or cashier's check drawn on a solvent state or National Bank or Trust Company for $4000 payable to the order of the City Treasurer of said City as a guarantee of g3od 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 b,)nds when ready in accordance with his bid, iling ich m u s t be reduced to ` r 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 information relative to the City' For copies of that statement and I additiofnalalinformal on,o anyr pro. 414 Special Session, September 9, 1969 spective purchaser is referred to the undersigned at the City Hall, Dubuque, Iowa, or the Municipal Finance Consultants to the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chicago, Illinois 60606. Telephone: Area 312-Flnanci al 6-0858. By Order of the City Council of the City of Dubuque, Iowa. Leo F. Frommelt City Clerk Dated: September 9, 1969. Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. c- Cauley. Nays — None. Absence — Councilman Schultz. RESOLUTION NO. 302.69 RESOLUTION to fix a date of meeting at which it is proposed to take action for the issuance of $200,000 Sewer Bonds. WHEREAS it is necessary and for the best interests of the City of Dubuque, Iowa, and its inhabi- tants to build and construct certain sewers in and for said City, and it is necessary that the cost thereof, to the amount of $200,000 be now provided for by the is- suance of bonds payable from the proceeds of taxes levied on all the taxable property in said City as authorized and permitted by Sec- tion 396.22 of the Code of I ,wa, 1966, but it is necessary 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 1. That this Council meet at the Council Chambers in the City Hall in said City on the 29th day of September at 12.0 0 o'clock Noon, Central Daylight Sav- ing Time, at which time and place action taken for the issuance of $200,000 Sewer Bonds for the purpose of paying the cost, to that amount, of building and construct. ing sewers in said City. Section 2. The City Clerk is hereby directed to giva 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 29th day of September, 1969, at the Council Chambers in the City Hall, Dubu- que, Iowa, at 12 o'clock Noon, Central Daylight Saving Time, for the purpose of instituting proceed- ings and taking action for the is- suance of $200,000 Sewer Bonds of said City, bearing interest at a rate or rates not exceeding six per cent (6%) per annum, for the purpose of defraying the cost, to that amount, of building and construct- ing sewers in and for said City. At any time before the date of said meeting a petition or petitions setting forth objections thereto may be filed in the office of the City Clerk as permitted by law. By order of the City Council September 9, 1969. Lea 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 its passage and approval. Passed and approved September 9, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded: September 9, 1969. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. c- Cauley. Nays — None. Absent — Councilman Schultz. --low Special Session. September 9, 1969 RESOLUTION NO. 30369 RESOLUTION providing for the advertisement of $200,000 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 certain sewers in and for said City and it is nese! sary and for the best interests of said City that $200,000 Sewer Bonds contemplated 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; NUW, THEREFORE, Be It and it is Hereby Resolved by the City Council of the City of Dubuque, loua, as follows: Section 1. That Sewer Bonds of said City in the amount of $200,000 be advertised for sale, such bonds to be dated October 1, 1969, bear. ing interest payable January 1, 1970, and semiannually thereafter, and maturing serially and ill numerical order $50,000 on Jam' ary 1, 1975 and $75,000 on January I of each of the years 1976 and 1977, and that bids be requested for action thereon at the Council Chambers in the City Hall in said City at 12 o'clock Noon, Central Daylight Saving Time, on Septem- ber 29, 1969, and that the City Clerk be and he is hereby auth- orized and directed to publish 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 sanie may be in cunfliet herewith be and the same are hereby repealed. Passed and approved September 9, 1969. Walter A. Pregler Attest; Mayor Leo F. Frommelt City Clerk Recorded: September 9, 1969 1.eo F. Frommelt City clerk Notlee of Sale of Saiwer Bonds DUBUQUE, IOWA Sealed bibs will fit, rCcei%'cd until 12 o'clock Noun, central Day. light Saving Time, on the 29th day of September, 1969, at the office of the City Clerk in the City Hall, Dubuque, Iowa, fur the purchase of $200,100 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 Chambers in the City Hall in said City. Open bid. ding will be concluded not later than 1 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 October 1, 1469, in the denomination of $5000, bear interest at a rate or rates not exceeding Six per cent (6`) per annum, payable Janu- ary 1, 1970, and semi-annuaUy thereafter, registrable as to prin- cipal only and will mature in numerical order $30,000 on Janu- ary 1, 1975 and $75,000 on Janu- ary 1 of each of the years 1976 and 1977. None of said bonds will be optional for redemption prior 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 accured interest and shall specify the interest rate or rates for the bonds in a multiple of one-quarter or one-tenth of one per cent provided that only one rate shall be speci. fied for a single maturity and not more than three rates may be named for the issue. Repeating a previously mentioned rate will not constitute all additional interest rate. Each installment of interest will be represented by a single coupon on each bond.The bonds will be awarded ;o the best bidder determined upon the basis of the lowest total interest cost at the rate or rates designated in his bid from October 1, 1969, tates respective final maturitys after deducting any premium. In the opinion of bond counsel interest on these bonds is exempt as of the date of this notice from I ederal Income Taxes under pre, ,,.ntly existing laws, regulations, decisions and interpretations. The purchaser will not re- quired to take up and pay for the 416 Special Session, September 9, 1969 bonds if at the time of delivery there has been any federal legis- lation, decision or regulation which would affect the tax exemption of all or any part of the interest on these bonds and the deposit of the successful bidder will be returned. A separate opinion of bond counsel concerning such tax ex- empton will be furnished as of the date delivery to the purchaser if requested. These bonds will constitute general obligations of the City payable 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 mutu- ally 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 can- cel 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 and Cutler, Lawyers, Chicago, Illinois, together with the transcript and usual closing papers including non -litigation certificate, and all bids may be so condition- ed. Each bidder must furnish a certified or cashier's check drawn on a solvent State or National Bank or Trust Company for $4000 payable to the order of the City Treasurer of said City as a guar- antee of good faith, this amount to be retained pending full per- formance 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 accord- ance 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 addi- tional information, any prospective purchaser is referred to the under- signed at the City Hall, Dubuque, Iowa, or the Municipal Finance Consultants to the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chicago, Illinois 60606. Telephone: Area 312-F1n- ancial 6.0858. By order of the City Council of the City of Dubuque, Iowa. Dated: September 9, 1969. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. c- Cauley. Nays — None. Absent — Councilman Schultz. RESOLUTION NO. 304-69 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 ordinance of the City. CLASS "C" BEER PERMIT Madeline Papin, 2635 University Avenue.. Passed, adopted and approved this 9th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. c- Cauley. Nays — None. Absent — Councilman Schultz. Beer wilhir have Counc R'll occup were ply City bond! NO SOLS the the 1 direc name Mads that plica by , this Special Session, September 9, 1969 417 RESOLUTION NO. 305.69 IVIIERF:AS, 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 applications were inspected and found to com- ply 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 "C" BEER PERMIT Madeline Papin, 2635 University 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 9th day of September, 1069 Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption Of the resolution. Seconded by Councilman Mc Cauley. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays — None. Ahsent --. Councilman Schultz. KNOW ALL MEN BY THESE PRESENTS; 1'h;lt City of Dubuque, Iowa of the County of Dubuque and State Of lows for and in consideration °Y the $urn of Ten and O0i1W dollars ($10.00), receipt of which is hereby acknowledged, and the further consideration of the per- formance of the covenants and agreements by grantee as herein after set out and expressed, do hereby GRANT, REAfISE, and RELINQUISH unto NORTFfF.RN NATURAL. GAS COMPANY the right, privilege, and easement, to construct, erect, maintain, and operate a measuring station, unci aPPurtenances thereto, which shall oM uPY an area not exceeding FIFTEEN feet by F'IF'TEEN feet upon the following described lands situated in the County of Dubuque and State of Iowa to wit: A 15'x15' square area being located in the N.V4 of Section 27, T 88 N.R. 2E. of the Sth P.M. The center of said area being located by commencing from a point on the South West corner of said lot thence Fast a distance of 612.45' thence North Oo.45' East a distance of 2520 89 feet thence S,)uth B8oG53' East a distance of 454.08' to the center of the 15'05' area See attached Exhibit "A". TO HAVE AND TO HOLD unto said NORTHERN NATURAL GAS CO. its successors and assigns, so long as such measuring station and appurtenances thereto, shall be maintained, together with the right of ingress to and egress from said premises, for the purpose of con- structing, inspecting, repairing, maintaining and replacing the property of the grantee located thereon, or the removal thereof, in whole or in part, at the will of the grantee. It is agreed that the meter, valves, buildings, and appurten- ances thereto to be constructed upon the above described lands shall not became affixed to the realty in the sense of permanent fixtures forming part of the free- hold, but that they shall remain personal property, with the right of removal by the grantee as here- in provided, subject however, to restoring premises to its original condition by grantee. As a further consideration for this grant, the grantee herein agrees that it will pay to grantors any damages which may arise to growing crops. trees, shruberry, fences, or buildings from the con- struction, maintenance or opera- tion of said measuring station. provided however, that the gran- tee shall not be liable for damages, either recurrent or otherwise, which shall arise solely from the deprivation of grantor's use of the area of said realtae upon which said measuring station nay be erected. Grantee agrees to indemnify and hold Grantor harmless from any and all claim, actions. rights of actions and demands rising out 418 Special Session, September 9, 1969 of injury to persons or property by reason of the location, opera- tion and maintenance of said facility. This instrument and the coven- ants and agreements herein con- tained, shall inure to the benefit of and be binding and obligatory upon the heirs, executors, admini- strators and assigns of the respec- tive parties. IN WITNESS WHEREOF, we have hereunto set our hands this 9th day of September, 1969. Signed, Sealed, and Delivered in the Presence of Walter A. Pregler Mayor Lester M. Harney Airport Comm. Chairman: F. Robert Woodward Secretary: Leo F. Frommelt City Clerk BEFORE ME, the undersigned authority, on this day personally appeared Walter A. Pregler, Lester M. Harney, F. Robert Woodward, Leo F. Frommelt known to me to be the persons whose names sub- scribed to the foregoing instru- ment and acknowledged to me that. they executed the same for the purposes and consideration there- in expressed. Given under my hand and seal office, on this 9th day of Septem- ber, 1969. Notary Public in and for Dubu- que County. Eugene J. Berens Councilman Couchman moved approval of the grant. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays — None. Absent — Councilman Schultz. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays — None. Absent -- Councilman Schultz. Leo F. Frommelt City Clerk Approved 1,e b ru a ry 1 b 1970 Adopte d " ..('h .IAA.r..y....1970 /4ohzciil_ m 'in _.............. City Clerk. Special Session, September 22, 1989 419 CITY COUNCIL OFFICIAL Special Session, September 22, 1969. Council met at 7:30 p.m. (D.S.T.) ....Prefent M a y o r Pregler, Councilmen Couchman, Meyers, McCauley, Schultz. Absent -- City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of eon. sidering award of contracts for the construction of 1969 Concrete Curb & Gutter and Bituminous and Hot Mix Paving Projects and also acting upon a resolution authorizi- ing the sale, issuance and delivery of project notes in the principal amount of $4,183,000, and execu- tion of requisition agreement in connection with Urban Renewal Project Iowa R-15, and acting upon such other business as may properly come before a regular meeting of the City Council. Copy of communication ,addres- sed to Civil Defense Director 0'• Leary, submitting a review of personnel operations from 7.165 to 6.30.69, showing that the Agency is operated in conformity with present standards, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers M c Cauley, Schultz. Nays — None. Communication of Berwanger Boiler Shop objecting to an em- ployee of the Fire Department bidding against them as a general contractor and being awarded a contract for burners in the School District, presented and read. Mayor Pregler moved that the communication be referred to the City Manager for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c Cauley, Schultz. Nays — None. Communication of Dubuque Ad. visory Commission recommending the Council for action taken re- lative to annexation with the end result that the greater good of all in the community will be best served by the proposed annexation, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman. Meyers, Mc Cauley, Schultz. Nays — None. September 22, 1969 Honorable Mayor and Members of the City Council. Gentlemen: Attached hereto is a list of ,Judges and Clerks selected to serve and be in charge of Election Registers at the Special Annexa- tion Election to be held on October 7, 1969. Approval of the lists are here- by respectfully requested. Respectfully submitted, Leo F. Frommelt City Clerk Councilman Couchman moved approval of the list. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. September 17, 1969 To The Honorable Mayor and City Council. Gentlemen: This is to advise that l have approved the following bonds, policy and certificate, and desire to have your approval on same. Bond Continuation Certificate 11 & B American Corporation, United States Fidelity and Guaranty Co. COMPREHENSIVE LIABILITY Louis Buechel, United States Fide- lity and Guaranty Co. SIDEWALK William L. Phillips, Western Surety Company Ralph A. Reisen, American Stale lnsurance Company 420 Special Session, September 22, 1969 Mark Strub, Merchants Mutual. Bonding Company Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the bonds and policies be filed subject to approval of the City Attorney. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men C:)uchman, Meyers, M c - Cauley, Schultz. September 19, 1969 Honorable Mayor and Members of the City Council Gentlemen: 1 herewith submit the monthly reports of the City Auditor, City Treasurer and Water Department together with a list of claims for which warrants were issued during the month of August 1969. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Me - Cauley, Schultz. Nays — None. September 18, 1969 To the Honorable Mayor and City Council RE: Terminal Street Sanitary Sewer Repair Gentlemen: During the 1969 Mississippi Flood the Terminal Street sanitary sewer was damaged in the area between First Street and Jones Street; due to high ground water the repair of the sewer has been delayed until the present time. The estimated cost of the project is $10,710.70. This is a request to allow in- formal bids to be received for the repair of this sewer. The rea- son for this request is to be able to complete the repair before cold weather sets in and also to com- plete the repair in the time allowed for by the State Civil Defense Office. Sincerely, John L. White City Engineer Mayor Pregler approved the re- quest. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. September 16, 1969 Hon. Mayor & City Council Gentlemen: On January , 1969, Lawrence Decker of Sherrill, Iowa filed claim against the City of Dubuque for damages in an unspecified amount to his motor vehicle as the result of being side-swiped by a City owned vehicle on January 7, 1969. This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this office of no liability and in view of the foregoing it is the recommenda- tion of the City Attorney that the claim of Lawrence Decker be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. September 16, 1969 Icon. Mayor & City Council Gentlemen: On June 9, 1969, Frank W. Reihle of 650 Wilson, this City, filed claim against the City of Dubuque, Iowa, for damages to the roof, gutter and siding of his home at said address in an unspecified amount suffered on June 4, 1969 as the result of a falling tree limb. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on September 9, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of Frank W. Reihle be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Special Session, September 22, 1969 421 Mayor Pregler moved approval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers Me, Cauley, e- Cauley, Schultz. Nays None. Notice of Appeal from District Court by Violet Butt Wells and Garry B. Wells from the award of damages by Urban Renewal on the Easterly Half of City Lot 254, in the City of Dubuque, presented and read. Councilman Meyers moved that the notice be referred to the City Salicitor. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Motion for court order directing notice for hearing on dismissal of complaint of price fixing by Union Asphalt and Roadoils, Inc., from September 19, 1963 thru July 27, 1567 in U.S District Court Southern District of Iowa, pre. sently and read. Councilman Meyers moved that notice be referred to the City Solicitor. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, 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 Block A Oak Brook Subdivision from Single Family Residence to Multiple Family Residence District Classification. &layor Pregler moved that the Proof of publication be received and filed. and filed, and the rules be sus- pended to allow anyone present to address the Council. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays None. Petition of C. George Biasi of 1611 Butterfield Road objecting to the rezoning of Block A Oak Brook Subdivision being of the opinion that this particular re. commendation of the Planning & Zoning Commission c o u l d be classified as spot zoning and detering the value of nineteen single family properties in Oak Brook Subdivision. William Kenyon of 1675 Earl Drive, Mr, Richard Conzett of 1695 Earl Drive, Mrs. Marvin Meyer of 1590 Earl Drive all objected to the proposed re- zoning of Oak Brook Subdivision. Laura Cosgrove of 3265 Kensington Place objected to the traffic that would be generated on the narrow streets and also that they have only one exit off the street. Mr. Hal Reynolds representing the petitioners for rezoning of Lot A Oak Brook Sub. stated that other than Air. Biasi, the objectors live from one to two blocks away and would hardly be affected by the proposed rezoning. The property lies to the east of Kennedy Road and has a steep drop off. No one would develop the property for single family clarification. The area is isolated from the east and west. This would be a buffer zone area and could not be considered spot zoning. The land abuts com- nlerlcal and light industry zoning clarification. If the area is not used for this purpose (Multiple Family) it will never be used. Mayor Pregler moved that the hearing be recessed until Septem- ber 29th, 1969 at 7:30 p.m, in the Council Chamber at the City Hall and that the Council view the grounds with the Planning & Zon- ing Commission prior to that time. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c, Cauley, Schultz. Nays — None. Petition of Harold Griebel re- questing permission to excavate at 1470 S. Grandview to install « ater service, presented and read. Mayor Pregler moved that the petition be approved. Seconded by Councilman Meyers. Carried by the following vote: Year -- Mayor Pregler, Council- men Couchman, Meyers, Me. Cauley, Schultz. Nays — None. 422 Special Session, September 22, 1969 Petition of West Dental Court requesting permission to excavate at 988 W. Third Street for sewer, water and gas services, presented and read. Councilman Couchman moved approval of the petition. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Petition of K & K Heating Co. Inc., requesting a refund of $3.00 on air conditioning permit No. 18589 issued August 21, 1969, at 1935 Kennedy Road but was sub- sequently cancelled, presented and read. Councilman McCauley moved approval of the refund and direct- ed the City Auditor to issue proper warrant. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Petition of Ilillerest Investment, Inc., requesting permission to in- stall three boulevard type lights on Kennedy Circle, presented and read. Councilman Meyers moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Petition of Hugh Dalton request- ing installation of a street light midway in the 1800 block of Mt. Loretta Avenue, presented and read. Councilman Schultz moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, Me, Cauley, Schultz. Nays — None. L Petition of Knights of Columbus, J. F. K. Council, requesting per- mission to solicit Christmas Candle Sales from door to door starting September 27, presented and read. Mayor Pregler moved that the request be approved contingent upon approval of the City Manager to set a time limit and justifica- tion that the proceeds be used for charitable purposes. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc. Cauley, e- Cauley, Schultz. Nays — None. Petition of Y.W.C.A. requesting permission to wash windshields which would involve placing of leaflets under windshield wipers on October 3 and 4 from 4th Street to 10th Street including Locust and Main to publicize the 1970 United Fund Campaign, pre- sented and read. Councilman Couchman moved that the petition be referred to the Mayor. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Petition of N. W. Bell Tele- phone Co. requesting permission to cut Bryant Street at Cleveland to install underground cable as numerous attempts to bore under the street have failed, presented and read. Mayor Pregler moved approval of the petition subject to approval of the City Engineer. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Petition of Dubuque Assn of the Blind requesting permission to conduct a cane candy sale from October 15 to December, 1969, presented and read. Mayor Pregler moved approval of the request subject to approval of the City Manager and that time limitation be considered. Special Session, September 22, 1969 423 Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers. M c Cauley, Schultz. Nays — None. Petition of Farah Ammari re- questing rezoning of Lots 8 and 9 in J. S. Brunskill's Addn. from Single Family to Multiple Family Zoning Classification, presented and read. Mayor Pregler moved that the petition be referred to the Plan- ning & Zoning Commission for investigation and report. Seconded by Councilman Me. Cauley. Carried by the following vote: Yeas —'mayor Pregler, Council- men Coucliman, Meyers, Me, Cauley, e- Cauley, Schultz. Nays — None. Petition of Maryel M. Birkett requesting a refund of $75. on the unexpired portion of cigarette license No. 247, as she has dis- continued business on September 10. 1969, presented and read. Mayor Pregler moved that the refund be granted and the Audi- tor instructed to issue. proper «arrant. Seconded by Councilman Me Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, M c Cauley. Schultz. Nays — None. Petition of Maryel M. Birkett requesting a refund of $100. ort the unexpired portion of beer license No. 28, as she has discon- tinued business on September 10, IP69, presented and read. Mayor Pregler moved that the refund be granted and the Audi- tor instructed to issue proper warrant. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meycrs, M c - Cauley, Schultz. Nays — None. Petition of Donna Rezac re- questing a refund of $150. on the unexpired portion of Class 11 Permit No. 73, as she has discon. tinued business on September 12, 1:61, presented and read. Dlayor Pregler moved that the refund be granted and the Audi. for instructed to issue proper warrant. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas —Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Petition of Donna Rezac re- questing a refund of $75. on the unexpired portion of cigarette license No. 55, as she has discon. tinued business on September 12, 1969, presented and read. Mayor Pregler moved that the refund be granted and the Audi- tor instructed to issue proper warrant. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas -- Mayor Pregler, Council- inen Couchman. Meyers, M e . ('auley, Schultz. Nays — None. Petition of Mrs. Dolores Weiner requesting a refund of $75. an the unexpired portion of cigarette lic- ense No. 166, as she has discon- tinued business oil September 12, 1969, presented and read. Mayor Pregler moved that the refund be granted and the Audi- tor instructed to issue proper warrant. Seconded by Councilman Mc. Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, M c - Cauley, Schultz. Nays -- None. RESOLUTION NO. 306.69 WI;EREAS, FROMMELT BUU, DING CORPORATION, has re- quested from the City of Dubuque, Iowa that it be permitted to lease a small parcel of real estate abut- ting the percel of real estate leased from the City of Dubuque under and by virtue of Lease dated the 2nd day of August, 1965, and WHEREAS, the City of Dubuque, Iowa deems it in the t opublic areal interest that said portion estate be lease,o I'rommelt Building Corpora . -.a 424 special Session. September 22, 1969 NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Lease Agree. ment heretofore entered on the 2nd day of August, 1965 be and the same is hereby amended to provide the leasing by the City of Dubuque, Iowa to Frommelt Building Corporation an additional parcel of real estate as shown on the attached plat. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Lease for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt. City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Amendment to Lease Agreement WHEREAS, Lease Agreement made and entered into on the 2nd day of August, 1965 by and be- tween CITY OF DUBUQUE, a Municipal corporation, called "Lessor" and FROMMELT BUILD- ING CORPORATION, and Iowa corporation, called "Lessee" provi- ding for the Lessee to lease certain real estate owned by the City of Dubuque, Iowa and described as follows: Sears Roebuck & Co. Subdivi sion No. 2 in the City of Dubu- que, Iowa, containing approxi- mately 1.03 acres. and, WHEREAS, the parties beret( desire to amend said Lease ti provide for a leasing of an addi tional parcel of real estate shows in red on the attached plat. WITNESSETH: 1. Lessor and Lessee do hereb; agree that the Lease herein above referred to be and the same is hereby amended by including an additional parcel of real estate as shown in red on the attached plat. and de- scribed as: Lot 2 of the Sub- division of Lot 1 of Sears -Roe- buck & Co. Sub. No. 2 in the City of Dubuque, Iowa. 2. Leasee agrees to pay Lessor therefore an additional rental in the amount of 5.50 during the term of this Lease or any renewal thereof. 3. That the Lease Agreement hereinabove referred to be and the same in all other respects is hereby confirmed and ratified. Special Session, September 22, 1989 42; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of the Art Pape Transfer Co. of Dubuque. Iowa to purchase a parcel of real estate in the City of Dubuque. Iowa which real estate is described and known as follows: Lot I of Lot 1 of Block 3. "River - front Subdivision No. 2" in the City of Dubuque, Iowa, accord- ing to the recorded plats there- of, subject to easements of record be and the same is hereby ap- proved upon the following terms and conditions: IN WITNESS WHEREOF, the A. That said real estate be sold to the Art Pape Transfer Co. parties hereto have caused the of Dubuque. Iowa for the con - due executive of this Agreement rtruction of a building to ex - in duplicate on the 22nd day of all of which ns approxi - re feet. t for said twenty cents foot, for a Is - G. That Art Pape Transfer work out a private agreement with Interstate Power Company re- lative to that firm's utility easement in the area. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by required. Passed, approved and adopted this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman. Meyers, M c - Cauley, Schultz. Nays — None. September 18, 1969 To the Honorable Mayor and City Council Gentlemen: The Traffic Signals at the inter- section of 32nd Street and Central Avenue have been completed in accordance with plans and speci. fications by Tschiggfrie Excavating 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 recommendation. Seconded by Councilman Couch- man. vote: Carried by the following Yeas — Mayor Pregler, Council- men Couchman. Meyers. Me Cauley, Schultz. Nays — None. FINAL ESTIMATE RESOLUTION N0. 308.69 WHEREAS, the contract for the 32nd & Central Traffic Signal Installation has been completed and the City Engineer has submitted his final estimate showing g olof estimates, e of Including ,448.0O, ten paid down. I is acknow- 'ransfer Co. a part-owner .._ v ;er company er lot owners >et and that _.-- -_ r agrees to ision of the •Y- lot owners, a pay a re- uitable share said sewer re property , Transfer Co. 1--- r•^ -r- L"V .. J,0"U. 'V" "' a building to expand its business. shall take the real estate Bub- jest to existing easements and WHEREAS, the City Council of Dubuque, Iowa has examined said easements of record. application and said recommends- E. That construction of buildings and other facilities be com tion by the MAYOR'S INDUST- RIAL COMMITTEE and find that menced within one year of date the sale of said estate should be of purchase, and completed within two years of same date, approved, and WHEREAS, said real estate otherwise ownership of said sought to be purchased by the Art land shall revert to the City of Dubuque Iowa and the purchase Pape Transfer Co. of Dubuque, Iowa is described and known as: price, less damages, shall be Lot 1 of Lot 1 of Block 3, "River. refunded to the buyer. F. That construction of and front Subdivision No. 2" in the City of Dubuque, Iowa, accord- plant ancillary improvements shall be ing to the recorded plats thereof, in conformity with existing subject to easements of record. codes and easements of the City of Dubuque, Iowa. Is - G. That Art Pape Transfer work out a private agreement with Interstate Power Company re- lative to that firm's utility easement in the area. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by required. Passed, approved and adopted this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman. Meyers, M c - Cauley, Schultz. Nays — None. September 18, 1969 To the Honorable Mayor and City Council Gentlemen: The Traffic Signals at the inter- section of 32nd Street and Central Avenue have been completed in accordance with plans and speci. fications by Tschiggfrie Excavating 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 recommendation. Seconded by Councilman Couch- man. vote: Carried by the following Yeas — Mayor Pregler, Council- men Couchman. Meyers. Me Cauley, Schultz. Nays — None. FINAL ESTIMATE RESOLUTION N0. 308.69 WHEREAS, the contract for the 32nd & Central Traffic Signal Installation has been completed and the City Engineer has submitted his final estimate showing g olof estimates, e of Including 424 Special Session, September. 22, 1969 NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Lease Agree- ment heretofore entered on the 2nd day of August, 1965 be and the same is hereby amended to provide the leasing by the City of Dubuque, Iowa to Frommelt Building Corporation an additional parcel of real estate as shown on the attached plat. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Lease for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Amendment to Lease Agreement WHEREAS, Lease Agreement made and entered into on the 2nd day of August, 1965 by and be- tween CITY OF DUBUQUE, a Municipal corporation, called "Lessor" and FROMMELT BUILD- ING CORPORATION, and Iowa corporation, called "Lessee" provi. ding for the Lessee to lease certain real estate owned by the City of Dubuque, Iowa and described as follows: Sears Roebuck & Co. Subdivi sion No. 2 in the City of Dubu- que, Iowa, containing approxi- mately 1.03 acres. and, WHEREAS, the parties hereto desire to amend said Lease to provide for a leasing of an addi- tional parcel of real estate shown in red on the attached plat. WITNESSETH: 1. Lessor and Lessee do hereby agree that the Lease herein. above referred to be and the same is hereby amended by including an additional parcel of real estate as shown in red on the attached plat. and de. scribed as: Lot 2 of the Sub- division of Lot 1 of Sears -Roe- buck & Co. Sub. No. 2 in the City of Dubuque, Iowa. 2. Leasee agrees to pay Lessor therefore an additional rental in the amount of 5.50 during the term of this Lease or any renewal thereof. 3. That the Lease Agreement hereinabove referred to be and the same in all other respects is hereby confirmed and ratified. IN WITNESS WHEREOF, the parties hereto have caused the due executive of this Agreement in duplicate on the 22nd day of September, 1969. CITY OF DUBUQUE, IOWA by: Walter A. Pregler Mayor by: Leo F. Frommelt Clerk FROMMELT BUILDING CORP. by: C. P. Frommelt Sec. Trea. by: S. J. Frommelt Pres. RESOLUTION NO. 307.69 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, compos- ed of Walter A. Pregler, Mayor, Vincent Kaiser, Chairman of Dock Board, and Robert E. Dorothy, Manager of Dubuque Industrial Bureau, have recommended to the City Council of Dubuque, Iowa, that the application to purchase certain real estate by the Art Pape Transfer Co. of Dubuque, Iowa for the purpose of the construction of a building to expand its business. WHEREAS, the City Council of Dubuque, Iowa has examined said application and said recommenda- tion by the MAYOR'S INDUST- RIAL COMMITTEE and find that the sale of said estate should be approved, and WHEREAS, said real estate sought to be purchased by the Art Pape Transfer Co. of Dubuque, Iowa is described and known as: Lot 1 of Lot 1 of Block 3, "River - front Subdivision No. 2" in the City of Dubuque, Iowa, accord- ing to the recorded plats thereof, subject to easements of record. Special Session, September 22, 1969 42,5 NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of the Art Pape Transfer Co. of Dubuque, Iowa to purchase a parcel of real estate in the City of Dubuque. Iowa which real estate is described and known as follows: Lot l of Lot 1 of Block 3. "River - front Subdivision No. 2" in the City of Dubuque, Iowa, accord- ing to the recorded plats there- of, subject to easements of record be and the same is hereby ap proved upon the following terms and conditions: A. That said real estate be sold to the Art Pape Transfer Co. of Dubuque, Iowa for the con- struction of a building to ex- pand its business all of which real estate contains approxi- mately 42.200 square feet. B. That the sale price for said real estate shall be twenty cents ($.20) per square foot, for a total price of $8,448.00, ten Percent whereof is paid down, and receipt thereof is acknow- ledged. C. That Art Pape Transfer Co. agrees to become a part-owner in the private sewer company formed by the other lot owners on East 12th Street and that Art Pape Transfer agrees to abide by the decision of the majority of these lot owners, and that Art Pape pay a re- presentative and equitable share Of installation of said sewer which serves the property being sold. D. That the Art Pape Transfer Co. shall take the real estate sub- ject to existing easements and easements of record. E. That construction of buildings and other facilities be com- menced within one year of date of purchase, and completed within two years of same date, otherwise ownership of said land shall revert to the City of Dubuque, Iowa and the purchase price, less damages, shall be refunded to the buyer. Ir. That construction of plant and ancillary improvements shall be in conformity with existing codes and easements of the City of Dubuque, Iowa. G. That Art Pape Transfer work out a private agreement with Interstate Power Company re- lative to that firm's utility easement in the area. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by required. Passed, approved and adopted this 22nd day of September, 1969 Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adoption of the resolution. Seconded by Councilman Mc. Cauley. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. tiays — None. September 18, 1969 To the Honorable Mayor and City Council Gentlemen: The Traffic Signals at the inter. section of 32nd Street and Central Avenue have been completed in accordance with plans and sped- fications by Tschiggfrie Excavating 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 recommendation. Seconded by Councilman Couch. man. vote: Carried by the following Yeas — Mayor Pregler, Council. men Couchman. Meyers. Mc Cauley, Schultz. Nays — None. FINAL ESTIMATE RESOLUTION N0. 308.69 WHEREAS, the contract for the 32nd A Central Traffic Signal Installation has been completed and the City Engineer has ,ubmnped costs chime estimate showing here of including the cost of estimates. __J .426 Special Session, September 22, 1969 notices, inspection, and preparing the assement and plat, now there- fore, BE IT RESOLVED, by the City Council of the City Dubuque, That the cost of said improve- ment is hereby determined to be $2,559.79. That $ -0- of the cost thereof shall be assessable upon private property and $2,559.79 shall be paid from the Utility Fund of the City of Dubuque. Passed, adopted and approved this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers m o v e d adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers. M c - Cauley, Schultz. Nays — None. RESOLUTION NO. 309.69 WHEREAS, the contract for the 32nd & Centra] Traffic Signal Installation has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. Passed, adopted and approved this 22nd day of September, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz. Donald R. Meyers Gaylord M. Couchmar Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved ►doption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - lauley, 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 1969 Traffic Signal Project No. 1 at John F. Kennedy and Pennsylvania Avenue: Loral and Grandview; Dodge and Bryant Streets, 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 Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman. Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. (Necessity for Improvement) RESOLUTION NO. 277-69 WHEREAS, proposed p l 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 construction of 1969 Traffic Signal Project No. 1, at the following intersection: John F. Kennedy & Pennsyl- vania, Loras & Grandview, Dodge & Bryant BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men. tioned improvement, and unless property owners at the time of the final consdieration of this pro. posed resolution have on file with the City Clerk objections to the amount of the cost of improve Special Session, September 22, 1969 927 ment, they shall be seemed to have waived all objections there- to. Said improvements shall be con- structed and dome 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 arc now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Utili- ties Fund The above resolution was in- troduced, approved, and ordered placed on file with the City Clerk this 2nd day of September, 1969. Approved and placed on file for final action. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 22nd day of September. 1969. Walter A. Pregler Mayor Sylvester M. McCauley Merlin F. S?hultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. F rommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, ,Meyers, M e - Cauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice to contractors of receipt of pro- posals for the construction of 1969 Traffic Signal Project No. 1, pre- sented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. Nays — None. September 22, 1969 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 a.m. Wednesday, September 1, 1969, for the improvement of the 1969 Traffic Signal Project No. 1. The low bid was submitted by Tschiggfrie Excavating of Dubu- que, Iowa. Their bid was 1.25% under the Engineers estimate. I recommend that the contract for the improvement be awarded to Tschiggfrie Excavating Com- pany. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. (Awarding Contract) RESOLUTION NO. 31069 WHEREAS, sealed proposals have been submitted by contrac- tors for the 1%9 Traffic Signal Project No. 1 pursuant to Resolution No. 279-69 and notice to bidders published in a newspaper published in said City on September 4. 1969 and Sept- ember 11, 1969; and WHEREAS, said sealed propo- sals were opened and read on September 17. 1969, and it has been determined that the bid of Tschiggfrie Excavating of Dubu. queIowa in the amount of $15.- 9636 was the lowest bid for the furnishing of all labor and mat- erials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVEDby the ty Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed tManag Manager be andheis ng and the hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said x ork. BE IT FURTIiER of SO dV on, that upon the s�gepproval of the tract and the contractors b,)nd the City Trea- surer is authorized and instructed to return unsuccessful bidders* posits of the b dders� 428 Special Session, September 22. 1969 Passed and adopted this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas —Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. September 4, 1969 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 con- struction of the John F. Kennedy —Sanitary Sewer, 1969 from Kau- fmann Ave. northerly to Old Timers Athletic & Supper Club Place Project No. 1 Submitted September 18, 1969. Respectfully Submitted, John L. White City Engineer By: H. J. D. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. RESOLUTION NO. 311.69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Sheet No. 1 inclusive is hereby determined to be the schedule of proposed assessments for the John F. Kennedy Road — Sani- tary Sewer, 1.969 from Kaufmann Ave. northerly to Old Timers Ath- letic & Supper Club Place Project No. 1, and the valuations set out therein are hereby approved. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. RESOLUTION NO. 312.69 PRELIMINARY ESTIMATE and approval of plans, specifications, form of contract plat, and all other documents for the construc- tion of John F. Kennedy Road Sanitary Sewer 1969, from Kauf- mann Ave. northerly to Old Timers Athletic & Supper Club Place, Project No. 1, at an estimated cost of $7,885.00, presented and read. Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays — None. (Necessity for Improvement) RESOLUTION NO. 313-69 WHEREAS, proposed p la n s, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubu- que 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 he asses- sed together with a valuation fixed by the council. 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. 4. In each case the amount there- of which is estimated to be assessed against each lot, for the construction of the: Special Session, Septe.m)mr 22, 1969 429 JOHN F. KENNEDY ROAD — SANITARY SEWER, 1969 from erly to Old Timers Athlet c nn Ave. n th &Supper Club Place Project No. 1 BE rr THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro. perty owners, deems it advisable and necessary for the public wel- fare to make the herein mention- ed improvement, and unless pro- perty owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the a- mount of the proposed assess- ments, they shall be deemed to have waived all objections there- to. Said improvement, shall be constructed and done in accord- ance with the plans and specifica- tions 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 riot to exceed the a- mount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in pro- portion to the special benefits conferred thereby, and any defi- ciency shall be paid uut of sewer funds, Sewer Bonds shall be issued and sold in anticipation of defer- red 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, ntroduced, approved and ordered Placed on file with the City Clerk this 22nd day of September, 1969. Approved and placed on file for final action. Approved: WalterA. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord 91. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved approval of the resolution. Sec.mded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, Mc. Cauley, Schultz. Nays — None. (Fixing date of hearing) RESOLUTION NO. 314-69 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 312.69 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 con- struction of the: JOHN F. KENNEDY ROAD— SANITARY SEWER, 1969 from Kaufmann Ave. northerly to old Timers Athletic & Supper Place — Project No. 1. and, WHEREAS, the proposed Re. solution 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 3rd day of november, IWO, a public hearing will be held at 7:30 p.m. C.S.T. in the Council Chamber in the City of Dubuque at which time the owners of pro- perty subject to assessment for the proposed improvement may appear and make objection to the propcsed plans and specifications and proposed form of contract and at the same time to the bound- aries of the proposed district, to the cost of the improvement, to the amount proposed to be assess- ed against any lot and to the passage of the proposed Resolu- tion 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- ubu led ast in ofthwh which of shallDbe not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless Pro- perly owners at the time of final tion of said resolution have donafile with the Clerk cbjec- tions to the amount of the pro - t 430 Special Session, September 22, 1969 posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mc- Cauley: c- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, 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 1969 Concrete Curb and Gutter Project No. 1 on the following streets: Pennsylvania Avenue from W.P. L. of Key Knolls Sub. to W.P.L. of lot 2.1 of the E% of SW'Aa of Section 21 T. 89 N.R. 2E. Perry Street from the alley west Grandview Avenue to the E.P.L. of Rider Street, presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc. Cauley, Schultz. Nays — None. September 22, 196E To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions sealed bids were received unti 10 a.m., Thursday, September 18 1969, for the City of Dubuque 1961 Concrete Curb and Gutter Projec No. 1. The lowest bid entered wa, by Tri-State Paving Company o Dubuque, Iowa. Their bid wa 6.26% over the estimate. L_ I recommend that the contract .or the improvement be awarded ;o the Tri-State Paving Company. Very truly yours, Gilbert D. Chavenelle City Manager Mayor Pregler moved approval A the recommendation. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc. Cauley, c- Cauley, Schultz. Nays — None. (Awarding Contract) RESOLUTION NO. 315.69 WHEREAS, sealed proposals have been submitted by contractors for the CITY OF DUBUQUE — 1969 CONCRETE CURB AND GUTTER PROJECT NO. 1 pursuant to Resolution No. 269-69 and notice to bidders published in a newspaper published in said City on August 29, 1969 and September 5, 1969; and WHEREAS, said sealed proposals were opened and read on Septem- ber 18, 1969, and it has been determined that the bid of Tri- State Paving Company of Dubu- que, Iowa in the amount of $44,- 568.20 was the lowest bid for the furnishing of all labor and materi- als 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 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 contract and the approval of the contractors bond the City Trea- surer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Special Session, September 22, 1969 431 Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — )Mayor Pregler, Council- men Couchman, Meyers. M c Cauley. 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 1969 Bituminous Con- crete omcrete Paving Project No. 1, on the following named streets: 1. AVALON STREET — from the south property line of Ashurc Road to the south property line of Dirksen's Addition. 2. FLORA PARK — ice Skating Rink 3. HIGH BLUFF STREET — from the north property line of Farley to the south property line of Fengler Street 4. JEFFERSON PARK - Play area 5. LOMBARD STREET — from the north property line of Dodge Street to the east pro- perty line of Lot 2-1.1.1.1.1-2 of Lot 1 and 2 of Sister's Addition. 6. NOWATA STREET — from the north property line of Uni- versity Avenue to the south property line of Loras Boule- vard. 7. STJNINYVIEW DRIVE -- from the west property line of North Grandview Avenue to the west property line of St. Ambrose Street. S. MESA DRIVE — from the south property line of Kane Street to the south end of the street. 9. ALTURA DRIVE -- from the east property line of Mesa Drive to the west property line of North Grandview Avenue 10. CERRO DRIVE — from the east property line of Mesf Drive to the west property fin( of North Grandview Drive. 11. CORTO DRIVE — from th( south property line of Cerro Drive to the south end of tht ArbaL 12. PERRY STREET — from the west property line of Grand- view Avenue to the east pro- perty line of Rider Street. 13. AUBURN STREET — f r o m the south property line of Dex- ter Street to the north property line of I.ot 179 of Woodlawn Park Addition. 14. BERKLEY PLACE — from the west property line of Primrose Street to the east property line of Oakcrest Drive, 15. Montgomery Ward — Parking I,ot patching presented and read. Councilman Couchman moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. September 22, 1969 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 a.m. Thursday. September 18, 1969, for the City of Dubuque 1969 Bituminous Concrete Paving Pro. ject No. 1 The lowest bid was en- tered by the Mulgrew Blacktop, Inc., Company of Dubuque, Iowa. Their bid was 7.06% over the En- gineer's estimate. I recommend that the contract for the improvement be awarded to the Mulgrew Blacktop, Inc., Company. Very truly yours, Gilbert D. Chavenelle City Manager Councilman McCauley moved approval of the recommendation. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman. Meyers, M c - Cauley, Schultz. Nays — None. (Awarding Contract) RESOLUTION N0. 316.69osals WHEREAS, scaled pc have been submitted byontrac- tors for the CITY OF DUBUQUE 1969— Bitminous Concrete Paving Project No. I pursuant to Resolutiono.2769 and notice to bidders published a newspaper published in said City 432 Special Scssion, September 22, 1969. on August 29, 1969 and September 5, 1969; and WHEREAS, said sealed proposals were opened and read on Septem- ber 18, 1969, and it has been determined that the bid of Mul- grew Blacktop, Inc. of Dubuque, Iowa in the amount $94,633.57 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 speci- fications; 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, Inc. 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 I'T FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Trea- surer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, 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 1969 Hot Mix -Hot Laid Asphaltic Paving Project No. 1 on the following named streets: 1. PENNSYLVANIA AVENUE – from the west property line of Key Knolls Subdivision to the west property line of Lot 2.1 of the E.% of the SW'/4 of Section 21 T. 89N. R. 2E. 2. WACKER DRIVE — patching between John F. Kennedy Road and U.S. 20. 3. JOHN F. KENNEDY ROAD — patching between Pennsyl- vania Avenue and University Avenue. 4. CENTRAL AVENUE — from the south property line of Fulton School to a point 100' north of West 32nd Street. presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays -- None. September 22, 1969 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 a.m.,Thursday, September 18, 1969, for the City of Dubuque 1969 Hol Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 The Lowest bid received was entered by the Mulgrew Blacktop Incorp- orated, Company of Dubuque, Iowa. Their bid was 9.15% over the estimate. I recommend that the contract for the improvement be awarded to the Mulgrew Blacktop Incor- porated, Company. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the recommendation. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. (Awarding Contract) RESOLUTION NO. 317.69 WHERLAS, sealed proposals have been submitted by contrac- tors for the CITY OF DUBUQUE — 1969 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 Pursuant to Resolution No. 271-69 and notice to bidders published in a newspaper published in said City Special Session, September 22, 1969 on August 29, 1969 and September 18, 1969, and WHEREAS, said scaled pro- posals were opened and read on September 18, 1969, and it has been determined that the bid of Mulgrew Blacktop, Inc. of Dubu- que, Iowa in the amount of $68,- 123.40 was the lowest bid for the furnishing of all labor and mat- erials and performing the work ar 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. Inc. 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 desposits of the unsuccessful bidders. Passed and adopted this 22nd of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas Mayor Pregler, Council- men Couchman, Meyers, M e Cauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice 01 Sale of Project Notes in the amount of $4,183,000., Second Series 1969, maturity February 13 1970, Urban Renewal Projec' Iowa R15, presented and read. No objections were filed and nt oral objectors were present at the Public hearing. Councilman Meyers moved that he proof of publication be receiv• °d and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c Cauley. Ways —Councilman Schultz. RESOLUTION NO. 318.69 Authorizing the sale, issuance and delivery of project notes in the aggregate principal amount of $4,183,000.00 and the execution of requisition agreement No. 2 in connection with the Downtown Urban Renewal Project, Project No. Iowa R•15 WHEREAS, City of Dubuque i herein called the "Local Issuing Agency') has entered into one or more contracts (which, together with any supplements thereto or amendments or waivers of any provisions thereof, are herein call- ed the "Contract") with the United States of America (herein called the "Government") providing for a loan by the Government to the Local Issuing Agency for financ- ing the urban renewal, low -rent housing or redevelopment project (s) described in the Contract and herein called the "Project"; and WHEREAS, pursuant to adver- tisement for the receipt of pro- posals for the purchase of the Second Series 1969 of Project Notes (herein sometimes called "New Project Notes") of the Local Issuing Agency aggregating $4,183,- o00.00, which appeared in a Notice of Sale published on September 3 and lo. 1969( in the Telegraph. Herald in the City of Dubuque, Iowa and in The Daily Bond Buyer in the City of New York, New York, proposals for the purchase of the New Project Notes in the form approved by the Local Issu- ing Agency were received, opened, and canvassed at the time and place mentioned in said advertise- ment, to wit: at Council Chain, hers. City Hall, 13th a d Iowa in 52001 the City of Dub nque'E D.S.T., on at 1 o'clock p• which pro September 16th 1969, posals are as follows: 13.1 Special Session, September 22, 1969 Name of Bidder Interest Principal Rate Amount Premium Northern Trust Company 5.82 % $4,183,000.00 $ 6.00 and A. G. Becker Morgan Guaranty Trust Company of 5.90 m, $4,183,000.00 $ 34.00 New York and Salomon Brothers and Hutzler Bank of America, N. T. & S. A. First National City Bank, Continental Illinois National Bank and Trust Company of Chicago, First Boston Corp. and Mellon National Bank 5.92 % $4,183,000.00 $ 71.00 Pittsburgh National Bank 5.94 % $2,000,000.00 $ 20.00 NOW THEREFORE: BE IT RESOLVED by the City City Council of the City of Du- buque, Iowa: Section 1. The aforesaid publi- cation of the Notice of Sale and the form and contents thereof as so published are hereby, in all respects, approved, ratified and confirmed. Section 2. In order to provide funds to pay expense incurred or to be incurred in the develop- ment of the Project, or to refund, renew or extend its outstanding Notes issued in connection there- with, the Local Issuing Agency hereby determines to borrow the sum Four Million One Hundred Eighty Three Thousand Dollars ($4,183,000.00) and issue its negoti- able Project Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and ap- proves the form of each proposal hereinafter in this Section 3 enu- merated for the purchase of the designated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Principal Amount Interest Rate $4,183,000.00 5.82'i Purchaser Northern Trust Company and A. G. Becker 50 South LaSalle Chicago, Illinois 60690 Section 4. Each Note shall be dated October 15th 1969, shall be payable as to both principal and interest to bearer, on February 13, 1970, and pursuant to each pro- posalfor the purchase of said Notes hereinabove accepted, shall bear the rate of interest per an- num, payable at maturity; shall bear the numbers and he in the denominations; and be payable as to both principal and interest at the incorporated bank having trust powers or incorporated trust com- pany, as follows: Purchaser Numbers Northern Trust Co. 1 - 32 and A. G. Becker 33 43 50 South LaSalle, St. 44 - 54 Chicago, Ill. 60690 55 - 64 65 75 76 - 78 Denomination Rate Payable At Interest Northern $100,000 5.82% Trust Co. 50,000 50 S. LaSal- 25,000 le Street, 10,000 Chicago, 5,000 Illinois 1,000 60690 None of such Notes shall be valid until after the Bank or Trust Company at which it is payable shall have signed the agreement, appearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the same of the Local Issuing Agency by the manual or facsimile signature of the Mayor & City Treasurer of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impressed, imprinted or reproduced thereon and attested by the City Clerk, and said officers are hereby auth- orized and directed to cause said Notes to be properly executed. Section S. Each such Note shall be in substantially the form of HUD -9010, which is incorporated herein by reference, and shall be secured by an agreement entitled "Requisition Agreement No. 2" (herein called the "Requisition Agreement'), in substantially the form of HUD -9003, which is in- corporated herein by reference, to be entered into between the Local Issuing Agency and the Govern- ment. s Special Session. September 22. 1969 Section 6. The Requisition Agree- ! ment shall be executed in the name of the Local Issuing Agency by the manual or facsimile signa- ture Of A the and shall have the Issuing i; corporate seal of the Local Issuing Agency impressed. imprinted or Teproduced thereon and attested by the Citv Clerk, and said offi- cers are hereby authorized and directed to cause the Requisition Agreement to be properly execut- ed. Section 7. For the punctual pay- ment. of the principal of and interest on the New Project Notes, the Local Issuing Agency hereby expressly and irrevocably promises to pay any sums which may be received from the Government pursuant to the Requisition eriAgree- ment relating, to of Project Notes and said Agreement. when executed by the Govern- ment. is hereby declared to be and is hereby assigned by the Local Issuing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contributions, funds and a. mounts authorized or required by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obliga tion," "Advance Notes" or Per- manent Notes") as issued in con- nection with the Project are here. by irrevocably pledged to secure the payment of the principal of and interest to maturity on the New Project Notes. Such pledg(' and the lien created thereby shall cease and terminate when m )nies or invesment securities convertible into cash not later than the maturity date of the New Project Notes, sufficient and for the pur. pose of paying; the principal and interest to maturity on such Note: are desposited with the paying agent or agents for such Notes. Section a. The proceeds derive from the sale of the New Projec Notes, together with such amoun Of other funds of the Local Iss ing Agency as may be necessar Shall be applied, simultaneousl with the receipt of said proceed.. in accordance with the prevision Of the Requisition Agreement. Section 9. The City 'rreasure is hereby authorized and directe to send promptly a letter to eac P s a;ent fir the New Project totes in substantially the form of HUD -99P4, which is incorporat- ed herein by reference. and to transmit therewith sal the New Project Notes f ,r which the ad- dressee is the paying agent for delivery- and payment and (b) a signature certificate and receipt. in accordance with the terms of said letter, and t) take such other actions as may be required to complete the delivery transaction in accordance with the terms of the letter to the paying agent. Passed, approved. and adopted this 22nd day of September, 1969. Falter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord NI. C_ntchman City Councilmen Attest: Leo F. Frommelt Citv Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Preder, Council. men Couchman, Meyers, Me, Caulev. haus __ c0linciltnan Schultz. RESOLUTION NO. 319.69 BE IT RESOLVED by the City C^uncil of the City of Dubuque. Iowa, that the following having complied with the provisions of law relating to the sale of Cigaret• te.s within the 01y of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. a Street James Kachevas, 665 Dod; (Tranfer from 493 Main Street) Dennis Burns, 2613 University Avenue Notes Cyril John Fries, 201 RESOLVED 2 BE IT FURTHER that the bonds filed with the V - plication be approved. d Passed. adopted and approved t this 22nd day of September, 1969. t Walter A. Pregler Mayor u Sylvester McCauley y Merlin F. Schultz y Donald R Meyers s' Gaylord M Couchman s Councilmen r I Attest: rommelt Leo F City Clerk h 436 Special Session, September 22, 1969 Councilman Meyers m o v e d adopted of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Me - Cauley, Schultz. Nays — None. RESOLUTION NO. 320.69 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 Theodore Ferring, 385 East 13th Street William H. Baker, 1064 University Avenue Cyril John Fries, 201 East 22nd Street Passed, adopted and approved this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e . Cauley, Schultz. Nays None. RESOLUTION NO. 321-69 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 Theodore Ferring, 4385 East 131h Street William H. Baker, 1064 University Avenue Cyril John Fries, 201 East 22nd 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 22nd day of September, 1969. Walter A. Pegler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. Nays — None. RESOLUTION NO. 322.69 WHEREAS. applications for Li- quor 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 followng 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 Establish- ment William H. Baker, 1064 University Avenue Cyril John Fries, 201 East 22nd Street Passed, adopted and approved this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Special Session, September 22, 1969 137 Councilman Couchman moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — 1llayor Pregler, Council men Couchman, Meyers, M e - Cauley, Schultz, Nays — None. RESOLUTION NO. 323.69 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 A be authorized to cause to be issu- ed to the following named appljr cants a Liquor Permit. Class "C" Commerical Establish- ment William H. Baker, 1064 University Avenue Cyril John Fries, 201 East 22nd Street Passed, adopted and approved this 22nd day of September, 1969 Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Ycas — Mayor Pregler, Council- men Couchman, Meyers, M c Cauley, Schultz. Nays — None. There being no further business McYo r Pregler moved that this meeting be adjourned to Monday evening, September 29, 1f169, in the Council Chamber at 7:30 p.m. Seconded by Councilman Couch- man. Carried by the following vote: j Yeas -- Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays — None. Leo F. Frommelt City Clerk Approved February 1'1970 Adopted Fe br"N 16 11970 G: . -.....,--..T ........................... City Clerk 1 ,J 43$ Special Session, September 29, 1969 CITY COUNCIL OFFICIAL Special Session, September 29, 1969. Council met at 12:00 o'clock noon (D.S.S.) Present — Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, c- Cauley, Schulte. City Manager Gilbert D. Chave- nel le. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con• sidering proposals for the pur- chase of $200,000 sewer bonds — $100,000 Airport Bonds — $100,000 Fire Department Equipment Bonds --$200,000 Tree Removal Bonds and acting upon such other busi- ness as may properly come before a regular meeting the City Coun- cil. Mayor Pregler issued a call for receipt of any oral bids. There being none Mayor Pregler moved that receipt of oral bids be closed. Seconded by Councilman Me - Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of meeting for issuance of sewer bonds. Councilman Aleyers moved that the proof of publication be receiv- ed and filed. Seconded by Maycr Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Sale of Sewer bonds in the amount of $200,000 presented and read. No oral objections were filed and no oral objectors were present in the Council Chambers at the time set for the public hearing. Councilman Meyers moved that the proof of publication be receiv- ;,d and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council. men C)uchman, Meyers, M c- Cauley, Schultz. Nays — None. September 29, 1969 Gentlemen: The Honorable Mayor and City Council City Hall Dubuque, Iowa 52001 Paul D. Speer President Bids were received today cover- ing $600,000 City of Dubuque, Iowa, General Obligation Bonds of four issues. The sealed bids re- ceived are listed on the attached tabulation in accordance with the attached signed bids. There were no oral bids. Upon examination, it is out opinion that the bids respectively shown as best in the attached tabulation are the best bids re- ceived for each respective issue, and it is further our opinion that they are favorable to the City and shnuld be accepted. We therefore recommend that the bonds be a. warded per said bids. Respectfully submitted, Paul D. Speer and Associates, Inc. Mayor 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 Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays — None. Special Session, Septemlx•r 29, 1969 439 Investment Rating: Moody's Investors Service, Inc. - Aaa $200,000 $100,000 CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA General Obligation Sewer Bonds General Obligation Airport Date of Sale: September 29, 1969 Date of Sale: September 29, 1969 Net Net Interest Bidders Price Coupon Rates Rate A. S. Hart & Co. - Awarded 100.0050 1975-77 5.40% 5.3992 Memphis 5.46156% of Chicago - Manager The First National Bank 100.1405 1975.77 5% % 5.47796% of Chicago - Manager The First National Bank - Dubuque 1974.77 54a % 5.4833 Harris Trust and Savings Batik - 100.0491 1975.77 5% % 5.4923 % Chicago Los Angeles 1975-76 1977 Weeden & co., Inc. - 100.0270 1975-77 51j `,. 5.4957614 San Francisco - Manager 5% % 5.4953 `% SanFrancisco -- Manager The Heitner Corporation - St. Louis United California Bank -- 100.0000 1975 5% V 5.4978 Los Angeles 1976.77 5.40% The Northern Trust Company 100.046$0 1975 5.60% 5.51.337" Chicago -- Manager Dain, Kalman & Quail, Inc Minneapolis 1976-77 51.1 % Shaw McDermott & Co. -- Des Moines Central National Bank and Trust Co. - Des Moine, LaSalle National Bank -- 100.0362 1975 5.80% 5.556 % 1976.77 5% % Mercantile Trust Co., N.A. - '.011.0038 1975.77 5.60% 5.59% Carleton D. Beh Company - St. Louis and Des Moines - Jointly Shearson, Hammill & Co., Inc. 1001550 1975.76 53a T 5.619 °fie 1977 5% % Investment Rating: Moody's Investors Service, Inc. - Asa t $100,000 CITY OF DUBUQUE, IOWA General Obligation Airport Bonds Date of Sale: September 29, 1969 Net Interest Bidders Price Coupon Rates 5.40% Rate 5.39826°h, A. S. Hart & Co. -- Awarded The First National Bank 100.0100 100.2210 1974.77 1974.77 5% % 5.46156% of Chicago - Manager The First National Bank - Dubuque Harris Trust and Savings Bank --100.0956 1974.77 54a % 5.4833 Chicago United California Bank -- 100.0000 1974 6,()o% 5.35^°' 5.4858 °h Los Angeles 1975-76 1977 5.40`7 Weeden & Co., In. --- c 100.0270 1974.77 5% % 5.4953 `% SanFrancisco -- Manager The Heitner Corporation ... St. Louis t 440 Special Session, September 29, 1969 $100,000 CITY OF DUBUQUE, IOWA General Obligation Fire Department Equipment Bonds Date of Sale: September 29, 1969 A. H. Hart & Co. — Awarded 100.1000 1972-75 5.40% Net Memphis Interest Bidders Price Coupon Rates Rate The Northern Trust Company — 100.0160 1974-77 511 5.4972(3)%'; Chicago — Manager Dain, Kalman & Quail, Inc. — Minneapolis 100.0000 1972 5.x'4 % 5.4525 % Shaw, McDermott & Co. — 1973-75 5.40%, %„ Des Moines 100.0960 1972 5.40%, 5.4594 % Central National Bank and Trust Co. — Des Moines LaSalle National Bank — 100.0675 1974 5.90% 5.539 Shaw, McDermott & Co. — 1975 5.40% Des Moines 1976-77 5% % Mercantile Trust Co., N.A. — 100.0200 1974-77 5.60% 5.5965 °h, St. Louis and Carleton D. Beh Company — 100.1250 1972-75 5 1Fi °b 5.4665 % Des Moines — Jointly 100.0000 1972 5.90%, 5 475 Investment Rating: Moody's Investors Service, Inc. — Aaa $100,000 CITY OF DUBUQUE, IOWA General Obligation Fire Department Equipment Bonds Date of Sale: September 29, 1969 A. H. Hart & Co. — Awarded 100.1000 1972-75 5.40% 5.3733 0/, Memphis The First National Bank — of Chicago — Manager The First National Bank — Dubuque United California Bank — 100.0000 1972 5.x'4 % 5.4525 % Los Angeles 1973-75 5.40%, %„ The Northern Trust Company— 100.0960 1972 5.40%, 5.4594 % Chicago — Manager Dain, Kalman & Quail, Inc. — Minneapolis 1973-75 5 'rye % % Shaw, McDermott & Co. — Des Moines Central National Bank and Trust Co. — Des Moines Harris Trust and Savings Bank -- 100.1250 1972-75 5 1Fi °b 5.4665 % LaSalle National Bank — 100.0000 1972 5.90%, 5 475 Chicago 1973.75 5.40% % Weeden & Co., Inc. — 100.0270 1972-75 5 %% 5.4928 % San Francisco — Manager The Heitner Corporation — St. Louis Mercantile Trust Co., N. A. — 100.1000 1972-75 5.60%, 5.5733 % St. Louis and Carleton B. Beh Co. — Des Moines — Jointly Investment Rating: Moody's Investors Service, Inc. — Aaa r. Special Session, September 29, 1969 441 $200,000 CITY OF DUBUQUE, IOWA General Obligation Tree Removal Bonds Date of Sale: September 29, 1969 Net Interest Bidders Price Coupon Rates Rate A. H. Hart & i'n — Awarded 100.1000 1972-74 5.40% 5.368 Memphis The National Bank 100.2505 1972-74 5 fit% 5.41984% of Chicago — Manager The First National Bank — Dubuque United California Bank — 100.0000 1972 5 5.4215 % 1973-74 5.30% Los Angeles LaSalle National Bank -- 100.0100 1972 5.6017c 5.45086% Chicago 1973.74 5.40% TheNorthern Trust Company — 100.0660 1972 5.407 5.45188% Dain, Kalman & Quail, Inc. — Minneapolis 1973.74 5 k % Shaw, McDermott & Co. — Des Moines Central National Bank and Trust Co. — Des Moines Harris Trust and Savings Bank 100.1115 1972-74 5 ?fit %, 5.4642 % Chicago Weeden & Co., Inc. — 100.0270 1972-74 5 %% 5.49136% San Francisco — Manager The Heitner Corporation — St. Louis Mercantile Trust Co., N. A. — 100.1110 1972.74 5.60tl, 5.5644 % St. Louis and Carleton D. Beh Co. — Des Moines — Jointly Shearson, Hammiii & Co., Inc. -- 100.0000 1972 5 N4% 5.5675 % New York 1973-74 5%% RESOLUTION NO. 32469 RESOLUTION providing for the sale and award of $200,000 Sewer Bonds and approving and authoriz- ing the agreement of such sale and award. WHEREAS notice of sale of $200.000 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 and , thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by A. S. Hart d Company, Inc. consist- ing of par and accured interest plus a premium of $10.00 with the bonds maturing in the years 1975 to 1977, inclusive, bearing interest at the rate of Five &Forty red per cent (5.404/0) 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 bide h A. H. Hart & Company, chase of $200,000 Sewer Bonds, as advertised, bearing interest at the rates specified in the preamable hereof, is the highest and best bid received and the said bonds be and the same are hereby awarded to said A. S. Hart i Company, Inc. r 442 Special Session, September 29, 1969 Section 2. That the form of agreement of sale of said bonds to A. S. Hart & Company, Inc. be and the same is hereby approved, and the Mayor, City Cleric 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 hereby repealed. Passed and approved September 29, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29th, 1969.. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas — MayorPregler, Council- men Couchman, Meyers. M c - Cauley, Schultz. Nays — None. ORDINANCE NO. 36.69 An ordinance authorizing the issuance of $200,000 Sewer Bonds and providing for the levy of taxes to pay the same, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Councilman Meyers moved that the rules requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas — Mayor Pregler Council- men Couchman, Meyers, M e Cauley, Schultz. Nays — None. ORDINANCE NO. 36.69 AN ORDINANCE authorizing the Issuance of $200,000 Sewer Bonds and providing for the levy of taxes to nay the same. WHEREAS the City of Dubuque, in the County of Dubuque and State of Iowa, heretofore, pursuant to and In strict compliance with all laws ap. plicable, lawfully ordered and provided for building antl constructing sewers In and for said City, the cost whereof, to the amount of Two Hundred Thousand Dollars ($200,000), Is to be paid by said City as a whole by the Issuance of bonds; and WHEREAS it Is necessary and ad- visablethat provisions be made for the Issuance of such bonds at this time and notice and hearing on the Initia- tion of proceedings for such issuance has heretofore been given in manner and form required by Chapters 23 and 408A of the Code of Iowa, and no petl- ticn nor protest has been filed, and no Petition has been filed requesting that the proposition of issuing said bonds be submitted to the voters of said City; NOW, THEREFORE, Be It Ordained by the City Council of the City of Du. buque, Iowa, as follows: SecMn 1. That pursuant to and as authorized by Section 396.22 of the Code of Iowa, there shall be and there is hereby ordered Issued the negotiable Sewer Bonds of said City of D,-bjque, In the principal amount of $2C0,000, said bonds to be 40 In number, be numbered consecutively from 1 to 40, both num- bers Included, of the denomination of $5000 each, and to be dated October 1, 1969. Thatthe bonds of said Issue shat bear Interest from the date thereof at the rates hereinafter specified, such Intere t being payable January 1, 1970. and semiannually thereafter on the first days of July and January In each Year until the principal thereof is paid Said bonds shall be signed by the Mayor and attested by the City Clerk and the seal of said City affixed, and be reg- istered as to Issuance by the City Treasurer and a certificate of such registration endorsed thereon. Interest on said bonds shall be evidenced by coupons thereto attached and maturing on the several days when such Interest matures, which coupons shall be exe- cuted with the facsimile signatures of said officials, and said Mayor and said City Clerk by the execution of said bonds, shall adopt as and for their Proper signatures their respective fac. simile signatures appearing on said c,u- pons. Both principal and Interest of said bcndn 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. Said bonds shall become due and payable In their numerical order on January 1 of each of the respective years and shall beer interest at the rates as follows: Bond Rafe of Year Amount Numbers Interest 1975 $50,000 1--10 5.40". 1976 75.000 11--25 5.40% 1977 75,000 26--40 5.40% Section 2. That each of said bonds be .ubiect 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 reg- Istered, and after such registration Pay- ment of the principal thereof shall be made only to the registered holder. Any bond so registered, upon the re- quest in writing of such holder per. zonally or by attornev-in-fact, may be transferred either to a designated trans. feree or to bearer, and the principal of any bond so transferred and registered to bearer shall thereupon be and be- come payable to bearer In like manner es it such bond had never been reg. Istered. Registration of any bonds as to principal shall riot restrain the negotiability of the coupons thereto attached by delivery merely. Section 3. That said bonds, coupons antlprovlsluna for reglstration be In substantlally the following form Special Session, September 29, 1969 443 (Form of Bond) UNITED S TA ES OF AMERICA C CITY OFTY O DUBUOUOE E SEWER BOND No ----- 55000 KNOW ALL MEN BY THESE PRESENTS: That the City Of Dub q_e, In the County of Dubuque and State fa pay tolObearert.eorKif this bo duses be registered as to principal, to the re9- IsterM holder hereof, the sum of Five Thousand Dollars (115000) on the first day of January, 19with interest on said sum from thee. 1C(teq hereof 81er the rete IH payable JanuAry 1, 1970, and srmi- annually thereafter on the first days of July and January in each veer until said principal sum Is paid, all such Interest as may accrue On and I.rior to the maturity of this bond to be paid on presentation and surrender of the interest coupons hereto Attach^d es they severally mature. Both pri,clpal and Interest of this bend are pay- ble 01 lawfuAmerca moneyi thef off ceUofted eCState' Treasurer in and of the City of Du- buque, Iowa This bond Is one of a series of bonds Issued by the City of Uub que Pursu•nl to provisions nsnofstrict mplianith Sect:on39622 ardwChapter 76 of the Code of Iowa. 1966, and all reOf mentarvnethereto, alory tend in anconf.l m!tv with an ordinance of the Cfty Counca recorded ed pld City ublishedssfdor therOpurr- pose of building and constructing $ewe's in and for said City. And It Is hereby certified and recited Mat all acts, conditions rd things re- qulred by the laws and Constituiticn of rhe State of Iowa to exist, 1e be had. to be done, or to be performed Pre- cedent In and in the issue of this bond, were and have been properiv existent, had, done and performed In regular end due form and time; that provision her. been made for the levy of a sufficient continuing annual tax on all the to,. able property within said City for the Payment of me principal and Interest of this bond as the same will re- spectively become due; that the fresh. credit, revenues and resources and all the real and Personal Prope,ty of said City are Irrevocrbly Pledged for the Prompt payment hereof, both Principal and Interest; Ard that the totrl In- debtedness of ".id City, InCludlrg m;s bond, does not excer,t any condit„- tional or statutory limitations. This bond Is subject to registration as to principal in the name of the holder on the books of the City Treas- urer of said City, such regl•tratlon to be evidenced by notation of •.aid Treas- ureron the back hereof, and after such ng(stration no transferhe eof, except Upon such books and similarly noted hereon, shall be valid unless the last registration shall have been in bearer. Registration hereof shall not affect the negotiability of the coupons hereto at. thched, which :hail continue negotlable OY delivery merely. IN TESTIMONY WHEREOF, said City by Its City Counci!, has caused this bond to be signed by Its Mayor and attested by its City Clerk, with the seal of said City affixed end to coupons hereto attached to be executed with the facsimile signatures of said Mayor and sold City Clerk, which pill• Cials by the execution of this bond do edOPt as and for the!r proper signA lures their respective facsimile slgna- tures appearing on said coupons, all the first day of October. 1969. Moya of the Clty of Dubuque, Iowa Attest: City Clerk of the City of Dubuque. Iowa No. (Form of Coupon) 11— OnCit19—, the Treasurer Of the y of Dubuque, In Dubuque County, Iowa, will pay to bearer Dollars (S--____.) at the Office of the City Treasurer, Dubuque, Iowa, for interest due that date on Its Sewer Bond, dated October 1 ,1969, NO— Attest: O--.Attest: Mayor - -__–_City Clerk (Form for Registration of Ownership) Date of Registration Name of Registered Owner Signature of Ciiv Treasurer On the back of each bond there shell beendorsed a cerMicate of the City Treasurer in the following form: City Treasurer's Certificate The issue of this bond has been duly of dthe first day u of red In my October, 1969. as Treasurer of the City of D.bique, Iowa. Section 4. That said bonds be executed AS he,ein Provided as soon after the adoptir n of this ordinance As they be to end thereupon rhof said Cltvc who shall the T easurer In a beokk provided for issuance tapurpose same d shall deliver said bonds to the pun chaser as determined by this CouncJ, rase pric, the Pon tobenot lesha Cer Of etn s the pare avalue of said bods with accrued interest theraen, Arid all action heretofore taken of atdeCti ndswlis ercbvleratihed wand confirmed in all respects. Section S. That as requirrd by Chap- purpose the tr 76 (ofthe Providing fors the a Alever and collection tto pay the Iln erre5lronalsafdxbonds as II fatly due, end n]so to pay and dls- cherge th! Prindpal tereol 11I turity, htre be and there is hereby ordered t levied pn ell the taxable Properly within ,Aid Cily a direct annual lax (or each o1 tveers while sAttl bonds or env of he the,ys are outstanding, In Amounts sut- fiClent for that Purpose, I viedrhppon ell be and Ihere Is hereby the taxable properly In $Aid CI1v me following direct annual tax, lo-wlt: dFer uet they sun1969 8 ) of $1350000fI,ftrnlto pro' intere t7 t to PIG - For to Year 1970 1 t0 00 for ^interest; duce the sum of f10,BU0. Fcr the rear 197, n t, s •ufifo e^Interest duce the sum o1 fI0,B00.00 For the Year 1912 a tAY sof/'co(enllnterest duce the sum of f10IBOD.00 pro- For duce the year sumofB00'DOfI(ore^Mlnclpal end Interest; 444 Special Session, September 29, 1969 For the Year 1974 a tax suffielent to pro• duce the sum of $83,100.00 for principal and the For the Year 1975 a tax sufficient to pro- duce the sum of 579,05D.00 for principal andInterest. All action heretofore taken for the levy of the taxes hereinbefore provided to be levied in the Year 1969 for collection In 1970 Is hereby ratified and confirmed In all respects. A certified copy of this ordinance shall be flied with the County Auditor of Dubuque County and said Auditor shall be and he Is hereby instructed In and for each of the years 1969 to 1975, In. clusive, to enter for collection and assess the tax hereby authorized. When ahnual- ly entering said faxes for collection, the County Auditor shah 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 servlce fund of said City and set aside thereln as a special account to be used solely and only for the payment of princ,pal and Interest of the bonds hereby au- thorized and for no other 4urpose what- soever. That the principal or Interest coming due at any time when there are insuf- ficient funds on hand to pay the same be Promptly paid when due from current funds on hand, and reimbursement b^ made to such current funds In the sums thus advanced when the taxes herein Provided shall have been collected. Section 6. That all ordinances, resolu- tions or parts thereof in conflict here- with be and the same are hereby re- pealed to the extent of such conflict. Passed and approved September 29, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29, 1969. Published September 30, 1969. Leo F. Frommeit City Clerk Councilman Meyers moved ad- option of the Ordinance. Seconded by Councilman Schu- Itz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of meeting for issuance of Airport Bonds, presented and read. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Sale of $100,000 Airport Bonds, pre- sented and read. No written of objections were filed and no oral objectors were Present in the Council Chambers at the time set for the public hear- ing. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men, Couchman, Meyers, Me Cauley, Schultz. Nays — None. RESOLUTION NO. 325.69 RESOLUTION providing for the sale and award of $100,000 Air- port Bonds and approving and authorizing the agreement of such sale and award. seal of said City thereto. WHEREAS notice of sale of $100,000 Airport 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 call- ed for and received, the highest of which open bids was as follows: the bid was submitted by None and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by A. S. Hart & Company, Inc. consisting of par accrued interest plus a premium of $10.00, with the bonds maturing in the ,years 1974 to 1977, inclu- sive, bearing interest at the rate of Five & Forty Hundreths per cent (5.40%,) 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 A. S. Hart & Company, Inc. for the purchase of $100,000 Airport Bonds, as advertised, bearing interest at the rates specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to saidA. S. Hart & Company, Inc. Section 2. That the form of agreement of sale of said bonds to A. H. Hart & Company, Inc. be and the same: is hereby approved, and the Mayor. City Clerk and City Special Session, September 29, 1969 445 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 hereby repealed. passed and approved September 29, 1989. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29, 1969. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. RESOLUTION NO. 326.69 A RESOLUTION providing for the Issuance of $100,000 Airport Bonds and providing for the levy of taxes to pay the same. WHEREAS the City of Dubu que, Iowa, has heretofore estab- lished a municipal airport pursu- ant to the law as now contained in Chapter 330 of the Code of Iowa, 1966, and said airport is now owned by said City under management and control of its Airport Commission; and WHEREAS 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 for the purpose of improving said airport and in ac- cordance with request of the Air- port Commission and as ordered by this City Council, notice of a meeting of the City Council for the purpose of instituting proceed- ings and taking action for the issuance of $100,000 Airport Bonds of said City to pay the cost of improving said airport has here- tofore 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 bunds and no petition has been filed with the City Clerk under the provisions of either Section 330.16 or Section 408A.2 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 $100,000, said bonds to be twenty (20) in number, numbered consecutively from 1 to 20, inclusive, of the denomination of $5000 each, and dated October 1, 1969. That the bonds of said issue shall bear interest from the date thereof at the rates hereinafter specified, such interest being payable Janu- ary 1, 1970, and semiannually thereafter on the first days of July and January in each year until the principal thereof is paid. 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 Treasurer and a certificate of such registration endorsed thereon. Interest on said bonds shall be evidenced by cou. pons thereto attached and matur- ing on the several days when such interest matures, which coupons shall be executed with the facsi- mile signatures of said officials, and said Mayor and City Clerk, by the execution of said bonds, shall adopt as and for their pro- per signatures their respective facsimile signatures appearing 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 CityTreasurer in and of the City of Dubuque, Iowa. Said bonds shall become due and pay, able in their numerical order on January 1 of each of the respective years and shall bear interest at the rates as follows: Rate of Year Amount Numbs s Interest 1974 $25,000 5,40 clu 6-10 5.40% 1975 25,000 1-15 5.40`7 1 11976 25,000 1120 5.40%11977 25.E 446 Special Session, September 29, 1969 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 register- ed, 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 transfer- red either to a designated trans- feree or to bearer, and the princi- pal of any bond so transferred and registered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been regis- tered. Registration of any bonds as to principal shall not restrain the negotiability of the coupons thereto attached 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 Slate 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 Five Thousand Dollars ($5000) on the first day of January, 19...., with interest on said sum from the date hereof until paid at the rate of — per cent (_%) per annum, payable January 1, 1970, and semi- annually thereafter on the first days of July and January in each year, such interest as may accrue on and prior to the maturity here- of to be payable only on presenta- tion and surrender of the interest coupons hereto attached as they severally mature. Both principal and interest of this bond are pay. able 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 authoriz- vu, ed series of bonds numbered from 1 to 20, inclusive, issued by the City of Dubuque pursuant to and in strict compliance with the pro- visions 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 re- solution of the City Council of said City duly passed, approved and recorded, for the purpose of improving 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 exis- tent, had, done and performed 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 pro- perty within said City for the pay- ment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and re- sources and all the real and per- sonal property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of said City, includ- ing this bond, does not exceed any c)nstitutional or statutory limita- tions. 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 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- of 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 Clrek, with the seal of said City affixed and the coupons hereto attached to be executed with the facsimile signatures of said Mayor Special Session, September 29, 1969 447 and City Cierk, which officials by the execution of this bond do adopt as and for their proper signatures their respectivof said mile signatures appearingn coupons, all the first day of Octo her, 1969. Mayor of the City of Dubuque, Iowa Attest: City Clerk of the City of Dubuque, lova (Form of Coupon) No. -- 4) - On ........ .. ...... 19. the Treasurer of the City of Dubuque. in Dubuque County, Iowa, will pay tobearer .................... .................... Dollars ($ ................) at the office of the City Treasurer, Dubuque. Iowa. for interest due that date on its Airport Bond. dated October 1, 1969. No . ................... ... Mai or ............... Attest: .................................... ... City Clerk (Fort" for Registration of Ownership) Date of Registration Name of Registered Owner 4 Signature of u City Treasurer i On the back of each bond there r shall be endorsed a certificate of 3 the City Treasurer in the follow - Lag form: City Treasurer's Certificate The issue of this bund has been duly and properly registered in MY office as of the first day of October, 1969 Treasurer of the C'it> of Dubuque, Iowa Section 4. That said bonds be ctteuted as herein provided w Boon after the adoption of thi: resolution as may be and there upon they shall be delivered to he 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 a. ward of said bonds are hereby ratified and confirmed in all re. pects. 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 bands as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby ord- ered 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 suf- ficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there be and there is hereby levied on all the taxable property in said City the following direct annual tax, to wit: For the year 1969 a tax sufficient to produce the sum of $6,750.00 for interest; For the year 1970 a tax sufficient to produce the sum of $5,400.00 for interest; For the year 1971 a tax sufficient to produce the sum of $5,400.00 for interest; For the year 1972 a tax sufficient to produce the sum of $30,400.00 for principal and interest; For the year 1973 a tax sufficient to produce. the sum of $29,050.00 for principal and interest; For the year 1974 a tax sufficient to produce the sum of $27,700.00 for principal and interest. For the year 14,5 a tax sufficient to produce the sum of $26,350.00 for principal and interest. All action heretofore taken for the levv of the taxes hereinfore provided to be it -vied in the year 1969 for collection in 1970 is hete- 448 Special Session, September 29, 1969 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 curent 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 1969 to 1975, inclusive, to enter for collection and assess the tax hereby auth- orized. When annually entering said taxes for collection, the Coun- ty 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 no 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 29, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29th, 1969. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of meeting issuance of Fire Depart- ment. Equipment Bonds, presented and read. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Proof of Publication certified to by the Publisher, of Notice of Sale of Fire Department Equipment Bonds in the amount of $100,000 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 Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. RESOLUTION NO. 327-69 RESOLUTION providing for the sale and award of $100,000 Fire Department Equipment Bonds and approving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $100,000 Fire Department Equip- ment Bonds of the City of Dubu- que, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa, by publication of notice for two or more successive weeks in a news- paper published in Dubuque Coun- ty; 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. and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by A. S. Hart & Company, Inc., consisting of par and accrued interest plus a premi• um of $100.00, with the bonds maturing in the years 1972 to 1975, inclusive, bearing interest at. the rate of Five & Forty Hundreths per cent (5.40%) 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 duly FW_ Special Session, September 29, 1969 449 advised in the premises it is here- by determined that the bid of A. S. Hart A Company, Inc. for the purchase of $100,000 Fire Depart. ment Equipment Bonds of said City, dated October 1, 1969, as advertised, bearing interest at the rates specified in the premable hereof, is the highest and best bid received and that said bond, be and the same are hereby awarded to said A. S. Hart a Company, Inc. Section 2. That the form of agreement of sale of said bonds be. and the same is hereby approv. ed, and the Mayor, City Clerk and City Treasurer are hereby auth- orized 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 29, 19F9 Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29th, w69. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman. Meyers, M c - Cauley. Schultz. Nays -- None RESOLUTION NO. 328 69 RESOLUTION authorizing the Issuance of $100,000 FireDe- partment Equipment Bonds and Providing for the levy of taxes to Pay the Sant•. WHEREAS the City of Dubu- que, in the County of Dubuque and State of Iowa, heretofore, pur- suant to and in strict compliance with all laws applicable, lawfully ordered and provided for the acquisition of certain equipment for the fire department in and for laid City, the cost whereof, to the amount of $100,000, 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 at this time and notice and hearing on the initation of proceedings for such issuance has heretofore been given in manner and form required by Sections 2312 and 408A.1 of the Code of Iowa and no petition nor protest has been filed, and no petition has been filed asking that the proposition 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 368.16 of the Code of Iowa, 1966, there shall be and there is hereby ordered issued the negotiable Fire Depart- ment Equipment Bonds of said City of Dubuque in the principal amount of $100,000, said bonds to be twenty (20) in number, number- ed consecutively from 1 to 20, inclusive, of the denomination of $5000 each, and to be dated Octo- ber 1, 1%9. That the bonds of said issue shall bear interest from the date thereof at the rates herein- after specified, such interest being payable January 1, 1970, and semi- annually thereafter on the first days of July and January in each Year until the principal thereof is paid. 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 Treasurer and a certificate of such registra- tion endorsed thereon. Interest on .,aid bonds shall be evidenced by c iupons thereto attached 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 respective facsimile signatures appearing on said coupons. Both principal and interest of said bonds shall be payable in lawful money of the United States of America uat tlin office of the City and of the City of Dubuque, lows Said bonds shall become due and paybale in their nurnberical order on January 1 of each the MPOC' 450 Special Session, September 29, 1969 tive years and shall bear interest at the rates as follows: YEAR AMOUNT 1972 $25.000 1973 25.000 1974 25.000 1975 25,000 BOND RATE OF NUMBERS INTEREST 1. 5 5.407% 6-10 5.407; 11-15 5.401 I6-20 5.40% 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 Citv Treasurer, such registration being noted upon each bond so register- ed, and after such registration payment of the principal thereof shall be made only to the regis- tered holder. And bond so regis- tered, upon the request in writing of such holder personally or by attorney-in-fact, may be transfer- red either to a designated trans- feree or to bearer, and the princi- pal of any bond so transferred and registered to bearer shall there- upon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not restrain the negotiability of the coupons there- to attached by delivery merely. Section 3. That said bonds, coupons and provisions for regis- tration be in substantially the following form: (Form of Bond) United States of America State of Iowa County of Dubuque City of Dubuque Fire Department Equipment 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 holder hereof, the sum of Five Thousand Dollars ($5000) on the first day of January, 19—, with interest on said sum from the date bereof until paid at the rate of per cent (—%) per annum, payable January 1, 1970, and semiannually thereafter on the first days of July and Janu- ary in each year, interest to matu- rity being payable on presentation and surrender of the interest coupons hereto attached as they severally mature. Both principal and interest of this bond are pay- able 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 a series of bonds issued by the City of Dubu- que pursuant to and in strict com- pliance with the provisions of Section 368.16 and Chapter 76 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 acquiring equip ment for the fire department in and for said City. This bond is subject to regis- tration 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 regis- tration no transfer hereof, except upon books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration hereof shall not effect the negotiability of the coupons hereto attached, which shall continue negotiable by deli- very merely. 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 prece- dent to and in the issue of this bond, were and have been properly existent, had, done performed 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 pro- perty within said City for the pay- ment of the interest on and prin- cipal of this bond as the same will respectively become due; that the faith, credit, revenues and re- sources and all the real and per- sonal property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of said City, includ- ing this bond, does not exceed ani, 1 Special Session, September 29, 1969 451 constitutional or statutory umrta- tions. IN TESTIMONY WHEREOF, said Citv, by its City Council, has caus- ed 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 signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper signatures their respective facsi- mile signatures appearing on said coupons, all the first day of Octo- ber, 1969. Mayor of the City of Dubuque Attest: City Clerk of the City of Dubuque, Iowa. (Form of Coupon) No. $............ On ... .. 19......, the Treasurer of the City of Dubuque. in Dubuque County, Iowa, will pay to bearer .... ................ Dollars (s .................... ) at the office of the City Treasurer. Dubuque, Iowa, for interest due that date on its Fire Department Equipment Bond, dated October 1, 1969. No .................. Mayor Attest: City Clerk (Form for Registration of Ownership) Date of Registration Name of Registered Owner Signature of City Treasurer ................... ... ...... I........................ On the back of each bond there 'hall 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 registered it MY office as of the first day of Dctober, 1969. Treasurer of the City of Dubuque, Iowa Section 4. That said bends 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. and all action heretofnre taken in connection with the sale and award of said bonds is herrby ratified and con. firmed in all respects. Section S. That as required by law, includim! Chanter 76 of the Code of Iiwa, 1966. and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pav the interest on said honds as it falls due, and also to pay and discharge the principal thereif at maturity, there be and there is hereby levied upon all of the taxable prop^rty in said City in each of the years while said bonds or anv of them are outstanding a tax sufficient for that purpose, and in furtherance of this provision, but not in limita- tion thereof, there be and th^re is hereby levied on all the Taxable property in said City the following direct annual tax. 0 -wit: For the year 1969 a tax suffi- cient to produce the sum Ofa55,yl For the y' a01ttax t suffi- cient to produce the sum of $30,490.00 for prin- cipal and interest; hor the year 1971 a tax suffi- cient to produce 050 for prin the sum of i29 cipal and interest: For the year 1972 a tax suffi cient to produce for grin - the sum of $27,700.00 cipal and interest; tax suffi- For the year 1973 a cient to produce for prin- cipalsum of S26,350.00 cipal and interest; That Lill action hereaX e tak n for the levy of the 452 Special Session, September 29, 1969 before provided to be levied in the year 1969 for collection in 1970 is hereby ratified and con - f irmed. A certified copy of this resolu- tion shall be filed with the County Auditor of Dubuque County and said Auditor shall be and he is hereby instructed in and for each of the years 1969 to 1973, inclu- sive, to enter for collection and assess the tax hereby authorized. When annually entering said taxes for collection, the County Auditor shall include the same as 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 ac- count to be used solely and only for the payment of principal and interest of the bonds hereby auth- orized and for no other purpose whatsoever. 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 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 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 29, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29th, 1969. Leo. F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of meeting for issuance of tree Re- moval bonds, presented and read. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher of Notice of Sale of Tree Removal Bonds in the a- mount of $200,000, presented and read. No written objections were filed and no oral objectors were present in the Council Chambers at the time set for the public hearing. Councilman Meyers moved that the proof of publications be re- ceived and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. RESOLUTION NO. 329-69 RESOLUTION providing for the sale and award of $200,000 Tree Removal Bonds and approving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $200,000 Tree Removal Bonds of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 78 of the Code of Iowa, by publication of notice for two or more succes- sive weeks in a newspaper pub- lished 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. and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by A. S. Hart i Company, Inc., consisting of par and accrued interest plus a pre- mium of $200.00, with the bonds maturing in the years 1972 to 1974, inclusive, bearing interest at the rate of Five & Forty Hundreths per cent (5.40%) per annum NOW, THEREFORE, Be It Re- Special Session, September 29, 1969 4,3 solved by the Citv Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being duly ad iscd in the premises it is here - N determined that the bid of A. S Hart & Company, Inc, for the purchase of $200,000 Tree Removal Bonds of said City, dated October 1, 1969, as advertised, bearing in- terest at the rates specified in the preamble hereof, is the highest and best bid received and that bonds be and the same are here- by awarded to said A. S .Hart & Company, Inc. Section 2. That the form of agreement of sale of said bonds be and the same is hereby approv- ed, and the Mayor, City Clerk and City Treasurer are hereby auth- orized 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 29, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29th, 1969. IAo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers. M c Cauley, Schultz. Nays — :gone. RESOLUTION NO. 330.69 A RESOLUTION providing for the Issuance of ;200,000 Tree Re moval Bunds and providing for the levy of taxes to pay the same. WHEREAS, pursuant to a duly enacted ordinance, the City of Dubuque, Iowa, has heretofore asumed charge, custody and con- trol of all trees and shrubbery up- on the public streets of said City, and the planting, pruning, care, re- moval and maintenance of all trees and shrubbery upr.►n the public streets of said City has not been conferred upon the Board of Park Commissioners of said City but is supervised by the City Council, all as permitted and pro. vided for by Section 368.32 of the Code of Iowa, 1966, as amended; and WHEREAS the City of Dubuque, Iowa, bears the cost of the removal and replacement of trees on public property in said City and, as a result of the rapid spread of dutch elm disease, an emergency exists making it necessary and for the best interests of said City that a large number of diseased elm trees be removed from public property and replaced with healthy trees; and WHEREAS it is necessary that the cost of the removal and re- placement of diseased elm trees on public property in said City, to the amount of $200,000 be now provided fur by the issuance of bunds payable front the proceeds of taxes levied on all the taxable property in said City as authorized and permitted by Section 368.32 of the Code of Iowa, 1966, as a- mended by House File 183 of the Acts of the Sixty-third General Assembly of the Slate of Iowa, and notice and hearing on the initiation of proceedings for the issuance of said bonds has here. tofore been given in manner and form required by Section 23.12 of the Code of Iowa and Chapter 408A of the Code of Iowa and no petition nor ptbtest has been filed, and no petition has been filed asking that the question of issuing such bonds be submitted to the voters of the 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 368.32 of the Code of Iowa, l96asa amen - ed, and particularly by Ilouse File 183 of the Acts of 1exteOf Iowa, rIotatherele mbly Of theStashall be and there is hereby ordered issued the negotiable Tree Rhuque Ov- al Bonds of said City in the principal amount of Two Hundred Thousand Dollars ($200,- 000), said bonds to be forty (40) in number, in the denomination of $NW each, numbered from I to 40, broth number,,inclu0 d. all of said bonds to be 454 Special Session, September 29, 1969 1, 1969. That the bonds of said issue shall bear interest from the date thereof at the rates herein- after specified, such interest being payable January 1, 1970, and semi- annually thereafter on the first days of July and January in each year until the principal thereof is paid. Said bands 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 Treasurer and a certificate of such registra- tion endorsed thereon. Interest on said bonds shall be evidenced by coupons thereto attached and maturing on the several days when such interest matures, which cou- pons shall be executed with the facsimile signatures of said offi- cials, and said Mayor and City Clerk, by the execution of said bonds, shall adopt as and for their proper signatures their facsimile signatures appearing on said cou. pons. 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. Said bonds shall become due and payable in their numerical order on January 1 of each of the respective years and shall bear interest at the rates as follows: Year Amount 1972 $75,000 1973 75,000 1974 50,000 Bond Rate of Numbers Interest 1 - 15 5.40% 16 30 5.40% 31 - 40 5.40% 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 bondi 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 transfer- red either to a designated trans- feree or to bearer, and the princi- pal of any bond so transferred and registered to bearer shall there- upon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not restrain the negotiability of the coupons there- to attached 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 Tree Removal 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 holder hereof, the sum of Five Thousand Dollars ($5000) on the first day of January, 19...., with interest on said sum from the date hereof at the rate of ........................ Per cent (........%) per annum, payable January 1, 1970, and semi- annually thereafter on the first days of July and January in each year until said principal sum is paid, all such interest as may ac- crue on and prior to the maturity of this bond to be paid on pre- sentation and surrender of the interest coupons hereto attached as they severally 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 a series of bonds issued by the City of Du- buque pursuant to and in strict compliance with the provisions of Section 868.32 and Chapter 76 of the Code of Iowa, 1966, and all laws amendatory thereof and sup- plementary thereto, including House File 183 of the Acts of the Sixty-third General Assembly of the State of Iowa, and in con- formity with a resolution of the City Council of said City duly passed, approved and recorded, for the purpose of defraying the cost of the removal and replacement of diseased elm trees on public property in said City. And It Is Hereby Certified and Special Session, September 29, 1969 435 Recited that all seta, conditions and things required by the laws and Constituti(ii (if the t t be low& to exist, done, or to be performed precedent to sad in the issue of this bond. were and have been properly ex - stent. had. done and performed 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 pro• perry within said City for the pay ment hereof, both principal and of this bond as the same will respectively become due; that the faith, credit, revenues and resour- ces and all the real and personal property of said (AIN are irrevoca bly pledged for the prompt pa> ment hereto, both principal and interest; and that the total in debtedness of said clt. . Including this bond, does not cxce'('d an}' constitutional or statutory Imita- tions. 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 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 hereof shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. W TESTIMONY WHEREOF, said City, by its City Council, has caus- ed 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 signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt U and for their proper signatures their respective facsimile signs tures appearing on said coupons all the first day of October, 1986. .......... I .............. I.,....... Mayor of the City 01 Attest: Dubuque, Iowa ..................... ...... I ..... I.... City Clerk of the City of Dubuque, Iowa (Form of Coupon) Vo............. $ ............ On ................................. 19...., the Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay to bearer .................................... ............ Dollars ($ ............... ) at the office of the City Treasurer, Du. buque, Iowa, for interest due that date on its Tree Removal Bond, dated October 1, 1969, No............ ........... ............ I........... Mayor Attest: ......................................... City Clerk (Form for Registration of Owner- ship) Date of Registration Name of Registered Owner Signature of City Treasurer ........................... ........... ... ... I....... On the back of each bond there shall be endorsed a certificate of the City TreasLrer in the follow- ing form: City Treasurer's Certificate The issue of this bond has been duly and properly registered in my office as of the first day of October. 1969. 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 here- tofore taken in connec1dwitth the sale and award of onds being hereby ratified and confirm- ed in all respects 456 Special Session, September 29, 1969 Section 5. That as required by Chapter 76 of the Code of Iowa, i 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 there- of 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 outstand- ing, a tax sufficient for that pur- pose, and in furtherance of this provision, but not in limitation thereof, 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 1969 a tax suffi- cient to produce the sum of $13,500.00 for in- terest; For the year 1970 a tax suffi- cient to produce the sum of $85,800.00 for prin- cipal and interest; For the year 1971 a tax suffi- cient to produce the sum of $81,750.00 for prin- cipal and interest; For the year 1972 a tax suffi- cient to produce the sum of $52,700.00 for prin- cipal and interest. That all action heretofore taken for the levy of the taxes herein- before provided to be levied in the year 1969 for collection in 1970 is hereby ratified and con- firmed. That the principal or interest coming due to 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 County and that said Auditor be and he is hereby instructed in and for each of the years 1969 to 1972, inclusive, to enter for collec- tion 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 principal and interest of the bonds hereby authorized and for no other purpose whatsoever. Section 7. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed to the extent of such con- flict. Passed and approved September 29, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29th 1969. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Me - Cauley, Schultz. Nays — None. Leo F. Frommelt City Clerk Approved C r u a ry 16 1970 Adopted FC'bTe'.'l1a&Y' '.... 1.6.x..1970 .. 7 ncilmen ....City..Clerk ..................... Adiotirned Special Session, September 29, 1969 4.57 CITY COUNCIL OFFICIAL Adjourned Special S e s s i o n, September 29, 1969. Council met at 7:30 p.m. (D.S.T.) Present — Mayor Pregler' Coun. cilmen Couchman, Meyers, Mc- Cauley, Schultz. City Manager Gilbert D. Chav- enelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting; is an Adjourned meeting of the special meeting of September 22, 1%9, called for the purpose of Reconsidering Rezoning of Block "A" Oak Brook Subdivision, and acting upon such other busines,. as may properly come before a regular meeting of the Cit> Council. Proof of Publication, certified to by the Publisher, of notice of pub lic hearing to rezone Block "A" Oak Brook Subdivision, from Single Family to Multiple Family District Classification• presented and read. Mayor Pregler moved that the proof of publication be recieved and filed. Seconded by Councilman Me Cauley. Carried by the following vote! Yeas — Mayor Pregler, Council men Couchman, Meyers, M c Cauley, Schultz. Nays -- None. Councilman Couchman moved that the rules be suspended in order to let anyone present ad dress the Council if they so de sire. Seconded by Mayor Pregler. Carried by the following vote - yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None Some question arose as to the extension of the present storm sewer in the area in the light of the proposed expansion. Attorney Hal Reynolds stated that the Developers commit themselves to construction of the storm sewer. Mr' Wm. Stockel of 1501 Earl Drive made inquiry as to cost of curb dr gutter fronting his pro. perty which evidently had no bearing on the rezoning of Oak Brook subdivision ORDINANCE NO. 35.69 An ordinance amending and changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa so as to change certain property hereinafter de- scribed from "Single Family Resi• der,ce District" Classification to "Multiple Family Residence Dis- trict" Classification, said Ordinance having been previ- ously presented and read at the Council meeting of August 25, 1969, presented for final adoption. ORDINANCE NO. 15-69 AN ORDINANCE AMENDING AND CHANGING Npp55ORDINANCE NNNO. 334 TNEWCITOY OFHDUBUOUE E10 A SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DE- SCRIBED FROM "SINGLE FAM - IL Y R E S I D E N CE DISTRICT" CLASSIFICATION TO "MULTIPLE FAMILY RESIDENCE DISTRICT" NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF CITY OF DUBUQUE. IOWA: Section 1, That Ordinance No. 3.34 known as the Zoning Map and Zoning bider the (same isohereby amended br changing from "Single Family Residence District" Classlflcatlon lo."Muhlple Fam: Me City of Dv wQue, Iowa. Passed, approved and adOpled this 29th clay of September, 1969. Walter A. Pregler Mayor sylveeter McCauley Merlin F. Schultz Donald R. Mevem Gaylord M. Couchman Councl Imer. ATTEST: leo F. Frommel, City Clerk Published officially In the Teleg,'aPh- Herald Newspaper this 6th day of Otto- txr 1969 CIty Clerk Mayor Pregler moved final adoption of the Ordinance. Seconded by Councilman Couch. man. ("cried by the following Vote: Yeas — MayorP:rgler, Council* men Couchman, Meyers, M c c'auley, Schultz. Nays — None Notice of Claim of Farah Am- muri, in the amount of $500 for damage .up Sew raatt2766 l)nive.rSult f a backed up . 1969, pre- sity Ave September 28. sensed and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. 458 Adjourned Special Session, September 29, 1969 Seconded by Councilman Mey. ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Notice of Claim of William J. Miller of 2835 Burlington Street in the amount of $50. for damage incurred as the result of a backed - up sanitary sewer into his home on September 24, 1969, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays -- None. Notice of Claim of N. A. Patter- son of 920 Center Place in the amount of 59.75, for trees destroy- ed at Westridne and Daniels Street during the process of cut- ting weeds by the City crews in August of 1968 and 1969, present- ed and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Notice of Claim of R. J. Kuef- ler of 1560 Ruan Drive in the esti- mated amount of $238.17 for car damage incurred as the result of said car being struck by dead elm tree limbs at 195 S. Grandview on September 15, 1969, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Notice of Claim of Mrs. Richard Vyverberg of 3160 Ideal Lane, in an estimated amount of $15.76 for car damage incurred as the result of strikinb a defective curb at 2403 Stafford Avenue on Septem- ber 13, 1969, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Notice of Suit of W. T. Grant Company vs. Board of Supervisors and City of Dubuque in the a- mount of $300,000 for items of storage damaged in the Hodge Warehouse in the Brunswick In- dustrial Block as the result of an overflowed drainage ditch on June 25, 26, 27, 1969, presented and read. Mayor Pregler moved that the notice be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. Nays — None. Notice of Suit of Irene Ann Brown Administratrix of William George Brown estate in the a- mount of $300,000 vs. Gilbert D. Chavenelle City Manager a n d Percy N. Lucas Police Chief as the result of negligence on their part on various counts which re- sulted in William George Brown's death by hanging in the City jail on June 28, 1969, presented and read. Mayor Pregler moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Notice of Claim of Marvin Ken - nicker of 1402 Lincoln Ave., in the amount of $43.78, for car a Adjocimed Special Session, September 29 1969 4.59 damage incurred as the result of said car be:inll struck by fallen dead tree limbs while parked at the corner of Dock llc Lincoln streets on July 24, 1969, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Me% ers. Carried by the followint; vAe: Yeas — Mayor Pregler, Council• men Couchman, Meyers. M c - Cauley, Schultz. Nays — None. Notice of Claim of Thomas John Stanton of 3061 Kaufmann Ave., in the amount of "44.97 for motor- cycle and personal property dam- age incurred as the result of striking sewage in the street, while riding said motorcycle, in the 400 block of West 8th Street on September 27, 1969. presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Mey- M. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, 6! c - Couley, Schultz. Nays — None. September 29, 1969 To the Honorable Mayor and Members of the City Council. Gentlemen: In accordance with the provi sions of Chapter 355 of the 1966 Code of Iowa, the Civil Ser.ice Commission conducted entrance examinations on July 15, 1969 for applicants to the Fire: Department. The following named parsons passed both the.: written and physi- cal examination and are hereby certified for appointment to the Fire Department. Rudolph A. Vera 77.5% Paul F. Behr 75 % Richard C. Hanson 73.3%, Respectfully subnutled Louis F. Fautsch Chairman Gerard B. Noonan LeRoy If. Giles Attest: Civil Service Com l,eo F Frommelt Clerk Subscribed and sworn to before me this 29th day of September 1969. Eugene J. Berens Notary Public Councilman Meyers moved that he communication be received and made a matter of record. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. Nays — None. September 29, 1969 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 July 15. 1989 for ipplicants to the POLICE Depart- ment. The following named person passed both the written and physi- cal examinations and is hereby certified for appointment to the Police Department. Donald J. Thilmany 74% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Serivec Com. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 29 div of September, 1969. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Mayor Pregler. Carried by the following vote: Yeas -- Mayor PrCgler,oun il- c - men Couchman, Meyers, Cauley, Schultz. Nays — None. Petition of Peoples Natural Gas requesting permission to exavate at 80.879,923 988 Wast Third Streit to remove service omtornadordown buildings. pre Mayor Pregler moved ect to he petition be granted . proval of the City Engineer. Seconded by Councilman Mei` ers. Carried by the following vote 460 Adjourned Special Session, September 29, 1969 Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Invitation for proposals for the purchase and re- development of Downtown Urban Renewal area between Iowa and Central from 9th to 4th and on the northeast corner of 8th & Locust Street, presented and read. No written objections were filed at the time set for the public hearing. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. At 7:55 P.M. — Mayor Pregler moved that the Council go into executive session to consider pro- posals of property purchases in the Urban Renewal area. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- emn Couchman, Meyers, McCauley, Schultz. Nays — None. The Council reconvened in re- gular session at 10:15 p.m. RESOLUTION N0. 331-69 Authorizing the chargeoff of ac- crued delinquent rents in connec- tion with the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, in the administra. tion of the Property Management Program, rentals are accrued and collected from occupants of pro. perty purchased by the City of Dubuque in the carrying out of the Downtown Urban Renewal Project, Iowa R•15; and WHEREAS, there has accrued certain delinquent rentals which in the best interest of the project should be charged -off; now there- fore BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: Section 1. That based upon re- cords maintained by the Depart- ment of Urban Renewal there is hereby found and determined in connection with the accrued delin- quent rental accounts hereinafter listed, that there is no reasonable L_ prospect of collection, that the probable costs of further efforts to collect would not be warranted, or that collection would impose undue hardship on the tenant. Account Number Amount 11 $13.69 36 29.36 101 8.20 131 37.50 Section 2. That the Director of Urban Renewal be and he is here- by authorized and directed to chargeoff in the appropriate ac- counting records for the Downtown Urban Renewal Project, Iowa R- 15, the aforementioned delinquent accrued rentals. Passed, approved and adopted this 29th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. RESOLUTION NO. 332.69 Declaring intent to sell a por- tion of the Downtown Urban Re- newal Project, Iowa R-15, to An- drew D. Karigan and Gust Karl- gan WHEREAS, under date of Au- gust 4, 1969, the Council of the City of Dubuque approved and authorized the receiving of pro- posals for the sale and redevelop- ment of certain parcels of real estate in the Downtown Urban Re- newal Project, Iowa R-15, and WHEREAS, under date of Sept- ember 15, 1969, In response to a Public offering a proposal for the purchase and redevelopment of a portion of the project land was received from Andrew D. Karigan and Gust Karigan, and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Urban Development, certain docu- 1111111— Adjourned Special Session, September 29, 1969 461 tnents must be made and available for public inspection lic hearing conducted; now therefor, BE IT RESOLVED BY THE OfTy COUNCIL OF THE DUBUQUE IOWA: CITY Section 1. That the City of Du- buque hereby declares its intent, after a public hearing, to dispose of the South 65 feet of the East- crly 94 feet of Parccl I of Block 1 in the Downtown Urban Re- newal Project, Iowa R•15, to An. drew D. Karigan and Gust Karigan In accordance with the terms of the Disposition Documents govern. :ng such sale on file in the office of the Department of Urban Re- newal Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of pub- lic hearing to be held on Novem- ber 3, 1969, and to make certain documents available for public in- spection. Such notice shall be substantially in the form of Exhi• bit "A" attached hereto and made a part hereof, and such notice may cover one or more proposals. Passed, approved, and adopted this 29th day of S<2ptember, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald It. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" Legal Notice of Hearing Pursuant to Chapter 403 of the IM6 Code of Iowa, as amended, the City Council of the City of Dubuque will hold a public hear. Ing for the purpose of considering the authorization of the execution of proposed agreements by and between the City of Dubuque and the developers hereinafter listed for the purchase and redevelop- ment of certain parcels of real estate located in the Downtown Urban Renewal Project, Iowa R. 15, which projects includes the area bounded by Fourth Street on the south, Central Avenue on the east, Ninth Street on the north, Ind i eusl Street on the west. Name of Developer Address Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 p.m. on the 3rd day of ]November 1969, and any person or organization desiring to be heard will be given an opport. unity to be heard on the question of the proposed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form prescribed by the Department of Housing and Urban Development and the proposed "Disposition :Agreement" for each of said developers are on file and avail- able for inspection at the office of the City Clerk, City Hall, Du- buque, Iowa between 8:00 a.m. and 5:00 p.m. except Saturdays, Sun- days, and holidays. Said docu- ments shall also be available at the time of the public hearing. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - t'auley, Schultz. Nays — None. RESOLUTION NO. 333.69 Declaring intent to sell a por• tion of the Downtown Urban Re+ rwwal project, Iowa R-15, to Can- field Hotel, Inc. WHEREAS, under date of Au- ;;ust 4, 1969, the Council of the t.ity of Dubuque approved and authorized the receiving of pro- pasals for the sale and redevelop- ment of certain parcels of real rotate in the Downtown Urban Re- newal Project, Iowa R-15, and WHEREAS, under date of Sept- ember 15, 1969, in response to a public offering a proposal for the purchase and redevelopment of a portion of the project land was received from Canfield Hotel, Inc., and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of housing and Urban De%elopment, certain ducu- ments must be made available for public inspection and a public hearing conducted; now therefore, •162 Adioumed Special Session, September 29, 1969 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Du- buque hereby declares its intent, after a public hearing, to dispose of Parcel 3 of Block 1 and the West 65 feet of the South 130 feet of Parcel 1 of Block 1, in the Downtown Urban Renewal Project, Iowa R-15, to Canfield Hotel, Inc., in accordance with the terms of the Disposition Documents govern- ing such sale on file in the office of the Department Urban Renew- al. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing to be held on November 3, 1969, and to make certain documents available for public inspection. Such notice shall be substantially in the form of Exhi- bit "A" attached hereto and made a part hereof, and such notice may cover one or more proposals. Passed, approved, and adopted this 29th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" Legal Notice of Hearing Pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, the City Council of the City of Dubuque will hold a public hear- ing for the purpose of considering the authorization of the execution of proposed agreements by and between the City of Dubuque and the developers hereinafter listed for the purchase and redevelpment of certain parcels of real estate located in the Downtown Urban Renewal Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south, Central Avenue on the east, Ninth th Street on the north, and Locust Street on the west. Name of Developer Address Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 p.m. on the 3rd day of November 1969, and any person or organization desiring to be heard will b3 given an opportunity to be heard on the question of the proposed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form prescribed by the Department of Housing and Urban Development and the proposed "Disposition Agreement" for each of said developers are on file and avail- able for inspection at the office of the City Clerk, City Hall, Dubu- que, Iowa between 8:00 a.m. and 5:00 p.m. except Saturdays, Sun- days, and holidays. Said docu- ments shall also be available at the time of the public hearing. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c . Cauley, Schultz. Nays — None. RESOLUTION NO 334.69 Declaring intent to sell a por- tion of the Downtown Urban Re- newal Project, Iowa R•1S, to Fischer and Company, Inc. WHEREAS, under date of Au- gust 4, 1969, the Council of the City of Dubuque approved and authorized the receiving of pro- posals for the sale and redevelop- ment of certain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15, and WHEREAS, under date of Sept- ember 15, 1969, in response to a public offering a proposal for the purchase and redevelopment of a portion of the project land was received from Fischer and Com- pany, Inc., and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Urban Developemnt, certain docu- ments must be made available for public inspection and a public hearing conducted; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Du- buque hereby declares its intent, after a public hearing, to dispose of Parcel 10 of Block 10 in the .. Adjournrd Special Session. Scylternber 29, 1969 4.63 Dmvntown Urban Renewal Project, I,,a R-15, to Fischer and Com. Pant, Inc. in accordance with the terms of the Disposition Docu- ment of Urban Renewal. Section 2. That the City Clerk be and i_s hereby authorized and directed to publish notice of pub. lic hearing to be held on Novem- ber 3, 1969, and to make certain documents available for public in- spection Such notice shall be substantially in the form of Exhi• bit "A" attached hereto and made a part hereof, and such notice may cover one or more proposals. passed, approved, and adopted this 29th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauleN Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: I.eo F. Frommelt City Clerk EXHIBIT "A" Legal Notice of Hearing Pursuant to Chapter 403 of the 1966 Code of Iowa„ as amended. the City Council of the City of Dubuque will hold a public hear- ing for the purpose of considering the authorization of the execution of proposed agreements by and between the City of Dubuque and the developers hereinafter listed for the purchase and redevelop- ment of certain parcels of real estate located in the Downtown Urban Renewal Project, Iowa R 15, which project includes the area bounded by Fourth Street on the south, Central Avenue on the east. Ninth Street on the north, and Locust Street on the west. Nan* of Developer Address Said hearing; will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa. at 7:30 p.m. on the 3rd day of November 1969, and any person or organization desiring to be, heard will be given an opportunity to be heard on the question of the propsed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form Prescribed by the Department of Housing and Urban Development and the proposed "Disposition Agreement" for each of said developers are on file and avail- able for inspection at the office of the City Clerk, City Hall, Du- buque, Iowa between 8:00 a.m. and 5:00 pm. except Saturdays, Sundays, and holidays. Said docu- ments shall also be available at the time of the public hearing. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Meq - era. Carried by the following vote: Yeas -- Mayor Pregler. Council- men Couchman, Meyers, M e - C'auley, Schultz. Nays — None. RESOLUTION NO. 335.69 Declaring intent to sell a por- tion of the Downtown Urban Ro• newal Project, Iowa R•15, to Abeln Abstract Company WHEREAS. under date of Au gust 4, 1969, the Council of the City of Dubuque, approved and authorized the receiving of pro- posals for the sale and redevelop- ment of certain parcels of real estate in the Downtown Urban Re. newal Project, Iona R•15, and WHEREAS, under date of Sept- ember 15, 1969, in response to a public offering; a proposal for the purchase and redevelopment of a portion of the project land was received from Abeln Abstract Company, and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulatiuris of the Department of Housing and Urban Development, certain docu- ments must be made available for public inspection and a public hearing conducted; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CTTY OF DUBUQUE. IOWA, of I)u Section 1. That the City hztugue hereby declares its intent, after a public hearing, to dispose of the West 74 feel of the South 79 feet of Parcel 1 of fllock 3 in the Downtown Urban Renewal Project, Iowa Rn5, toAbell, with Ab- stract Company Di.sposition the terms of the Document governing such sale on Depart - file in the office ne , Depart ment of Urban Renewal. Cle=rk Section 2. That the _ be and is hereby sh notice eed And directed top held on Novem- tic hearing 10 be .164 Adjourned Specl ii Session, September 29, 1969 her 3, 1969, and to make certain documents available for public inspection. Such notice shall be substantially in the form of Ex- hibit "A" attached hereto and made a part hereof, and such notice may cover one or more proposals. Passed, approved, and adopted this 29th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" Legal Notice of Hearing Pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, the City Cf)uncil of the City of. Dubuque will hold a public hear- ing for the purpose of considering the authorization of the execution of proposed agreements by and between the City of Dubuque and the developers hereinafter listed for the purchase and redevelop- ment of certain parcels of real estate located in the Downtown Urban Renewal Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south, Central Avenue on the east, Ninth Street on the north,' and Locust Street on the west. Name of Developer Address Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 p.m. on the 3rd day of November 1969, and any person or organization desiring to be heard on the question of the quer tion of the proposed dispositions A "Redeveloper's Statement for public Disclosure' in the form pre- scribed by the ' Department of Housing and Urban Development and the proposed "Disposition Agreement" for each of said developers are on file and avail- able for inspection at the office of the City Clerk, City Hall, Dubuque, Iowa between 8:00 a.m. and 5:00 p.m. except Saturdays, Sundays, and holidays. Said documents shall also be available at the time of the public hearing. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. There being no further business Councilman Couchman moved to adjourn.. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Leo F. Frommelt City Clerk February16 Approved .....................,........... j, 1970 Adoptedl,f .? rua,ry.... 1.6a., 1970 ........ ..- -- City Clerk Regular Session, October 6,1969 465 (ITY COUNCIL OFFICIAL Regular session, October 6, 1969. Council met at 7:30 P.M. (D.S.T-) Present -- Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz- City Manager Gilbert D. Chavenelle. Mayor Pregler 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. Mayor Pregler presented the name of William Knapp for ap- pointment to the Planning & Zon- ing Commission to fill the unex- pired term of Fred Bissell, Coun- cilman Meyers moved the appoint- ment of William Knapp to the Planing do Zoning Commission to fill the unexpired term of Fred Bissell to May 24, 1973. Seconded by Councilman Couchman. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays -- None. The following prepared state- ment was read by Mayor Pregler. As the elected representatives of the voters of Dubuque, we have a responsibility on this election eve to make clear to those we serve where we stand on what may well be the most important decision this community has had to make. Dubuque has a growth rate of about 100 persons a month. We must expand our boundaries to Provide an orderly development process to handle this growth. The most logical area is to the north, which is subjected to increasingly intense urbanization by having a major industrial plant three miles from its border. We cannot sit by and watch Dubuque fragmented into the urban -suburban divisions that have Plagued so many areas with juris- dictional conflicts, duplication of effort and tax inequities, which invariably fall most heavily on the central community. Should we not annex, flat result is inevitable. It would be a terrible disservice to the taxpayers of Dubuque who would be left to foot the bill -The fixed-income and low-income eld- erly would be a major victim. I have tried to listen carefully to the arguments against annexa. tion. I have yet to hear one, based on fact, that is in the best interest of the whole community. The valid arguments tend to be selfish ones. The arguments in which a broader community interest is pretended are severely distorted. I am con- vinced that the best interest of the total community is served by an. nexation. There is no question in my mind but that the department heads are correct in telling us they can extend services into the area. Nor is there any question in my mind but that it will less ex- pensive for present city residents if annexation occurs than if it does not. I also consider it important with the amount we have invested in %c ater pollution control, that we make sure that control is effective in an area directly north of the city which will be subject to in- creasing development. For all those reasons, I recom. mend that this city council recom- mend this annexation proposal to the voters and urge them to sup- port it tomorrow. Councilman Couchman moved support of the recommendation. Seconded by Councilman Me. Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers McCauley. Nays --- Councilman Schultz. October 8, 1989 To the Honorable Mayor and City Council Gentlemen: I am returning to you a petition for a street light on Mt. Loretta. The area has been investigated by the city electrical inspector and it is recommended that a 4000 lumen incadeseent light be install- ed at the curve between thnter- George and Valley Street sections. Respectfully submitted, Gilbert D. Chavenelle City Manager 466 Regular Session, October 6, 1969 Mayor Pregler moved approval of the recommendation. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. October 1, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you a petition for street lights on John Kennedy Circle. The area has been investigated and it is recommended that three boulevard type lumen lights on 20 foot standards be installed as fol- lows: 1. On the west end of the first median strip. 2. On the west end of the second median strip. 8. In the turn around median strip at the west end of John Kennedy Circle. Respectfully Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. October 3, 1969 To the Honorable Mayor and City Council Gentlemen: Mr. and Mrs. Gerald Galusha, 2050 Decorah, requested that a new street light be installed on Decorah. The electrical inspector has viewed the area and it is recom• mended that a 4000 lumen incad• escent light be installed in the 2000 block. Respectfully Gilbert D. Chavenelle City Manager Councilman Meyers moved ap proval of the recommendation Seconded by Mayor Pregler. Car tied by the following vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, McCauley Schultz. Nays — None. October 2, 1969 Co the Honorable Mayor ind City Council ;entlemen: I am returning to you a petition 'or street lighting on Valentine )rive. The area has been investigated )y the electrical inspector and it is recommended that 175 watt mercury vapor lights be installed it the following locations: 1) One on the southeast corner A lot 5 of Block 1 in Thomas Farm Addition, or 885 Valentine Drive. 2) One on the easement between Lots 2 and 3 Block 1 in Thomas Farm Addition, or between 865 and 855 Valentine Drive. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, 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 August, 1969, pre- sented and read. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. September 26, 1969 Hon. Mayor & City Council re: Donald E Kressig Gentlemen: On August 25, 1969, Donald E. Kressig of 1733 Lori Street, Dubuque, Iowa filed claim against the City of Dubuque, Iowa for damages in an undetermined a- mount as the result of a tree limb allegedly falling onto his auto while said auto was parked near 20th and Kniest Street in this city on August 25, 1969. This matter was referred to the appropriate City Agency who made an investigation thereof and re. Regular Session, October 6. 1969 4671 ported by letter to this office on September 24, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of Donald E. Kressig be denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Councilman McCauley mored ap- proval of the reenmmendation. Sec- onded by Councilman Aleyers. Car- ried by the following vote: Yeas -- Mayor Prerler. Council men Couchmen• Meyers, McCauley, Schultz. Nays — None. September 22, 1989 Hon. Mayor & City Council re: Palmer J. Dillard Gentlemen: On July 24. 1989, Palmer J. Dillard of 15981,4 Central Avenue, Dubuque, Iowa filed claim avainst the City of Dubuque. Iowa in the amount of $80.M1 for personal in- juries allepedly suffered by him on July 3, 1989 as the result of catchine his heel in the curbing when stepping down from the sidewalk at or near the southwest corner of bras and Central in Dubuque. Iowa and falling in the street in the crosswalk. This matter was referred to the City Attorney. 1 have investigated this matter and have consulted with the claimant. who has made an offer of $80.00 of settlement. and it is the recommendation of the Citv Attorney that said settle ment offer he accepted and that the City Auditor be instructed to draw a warrant payable to Palmer J Dillard in the amount of S80 00 and transmit same to the Citv At- torney for delivery upon receipt of duly executed release. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Mayor Pregler moved approval of the recommendation. Seconded bv Councl man Meyers. Carried bythfollowing vote: Yeas -_ Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nay$ — None September 24, 1969 lion. -Mayor & City Council re: Lyle D, Doughttaa, Sr. Gentlemen - On May 12, 1989, Lyle D. Daughetee, Sr., of 921 Rhomberr Avenue, Dubuque, Iowa fled 1•131m against the Ci'ty of Dubuque, Iowa alleging injuries as the re. cult of a fall on ice on a sidewalk at or near 1555 and the corner on Main Street in Dubuque, Iowa on 1'ebruary 17, IW9. claiming there was rough and uneven ice on said sidewalk and said fall resulting in broken ribs. This claim was referred to the undersigned who has made an investigation of the matter and conferred with the Claimant. Said claimant has made an offer of settlement of $300 00 for his claim. 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 Lyle D. Dau ehetee, Sr. and his wife, Ruth A. Daughetee in the amount of 6300,00 and to transmit the same to the City Attorney for delivery up,)n receipt of duly executed re - Rase. It is to be noted that said claim was filed late, but claimant advises that he was disabled as the recut of the alleged fall and consequently was unable to comply \N iih the statutory time for riling claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Couchman moved approval of the recommendation. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas _ Mayor Pregler. Council• men Couchman, Meyers, McCauley, Schultz. Nays — None. Notice of claim of Mary M. Murphy of 1280 West Third Street, in the amount of 5151.86 for prop- erty damage incurred as the into re. stilt of storm water getting her home on June18th and .lune 25th 190, during a period of con, struction in the area, presented and read. Mayor Pregler moved I that the notice be referred to the City Solicitor for investigation and 468 Regular Session, October 6. 1969 report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays — None. Notice of claim of LaVerne D. '.Miller, in the amount of $39.14. for car damage incurred as the result of a fallen dead elm tree limb on October 2, 1969 while said car was parked at 1570 Elm Street, presented and read. Mayor Pregler moved that the notice be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays — None. October 1. 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Multiple Residence to Single Family Residence property lying adjacent to Cummins Street. At the public hearing, residents from Cummins Street were pres- ent to support the proposal. They stated that all of the homes on Cummins Street are single family residences and that if a multiple family residence is built on the remaining parcel that it would in- crease congestion on the street and would devaluate the value of their property. Owners of the undeveloped prop- erty were present to speak in op- position to the proposal. It was the opinion of the Com- mission that the street has been developed as a single family area and that a multiple residence unit would not be a compatible use. It is the recommendation of the Commission that the proposal be approved. Respectfully submitted, PLANNING AND ZONING COMMISSION.... Don Gilson City Planner Councilman McCauley moved ap• proval of the recommendation and that it be referred for proper pro reedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas .— Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. October 1, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ine, on a proposal to reclassify from Single Family Residence to Local Business "B", property des- cribed as the easterly 55 feet of Lot 25 and the southerly 125 feet of the easterly 55 feet of Lot 24 of Block 4 in Westside Manor Sub- division. This property is located on the west side of Kennedy Road and north of Shike-Richardson Auto. mobile Agency. The grade of the property has been reduced approx- imately 15 feet so that it is the same as Kennedy Road. The area to the Nest and north has been developed for Single Family Res- idences. The property across the street has ben developed by the Telephone Company as a ware- house. In reviewing this proposal the Commission considered the rela. tionship of this site to the single family area and the affect of the proposed development on the traf- fic on Kennedy Road. The Commission found that be- cause of the change in elevation of this site to the single family area that development on it would not be visible from the residences and that there would be no influence on the traffic thru the residential area. It was the opinion of the Com- mission that this proposed develp- ment Nwould not increase traffic on Kennedy Road, however, it would substantially increase the number of left-hand turns onto and from Kennedy Road, The Commission found that Kennedy Road, at this point, is wide enough to accom- modate four lanes of moving traf- fic and one lane for turning move- ments. In trying to reach a decision on this proposal the Commission cast I two votes in favor of the proposal. C Regular Sessimi. October 6, 1969 469 two votes against the proposal, and two members abstained. This rep. resents all of the Commission mem- bers at the present time because of one existing vacancy. The Commission directed that the proposal be returned to the Council with the above comments. Respectfully submitted, CITY PLANNING AND ZONING COAiMIS. SION Don Gilson City Planner Councilman McCauley moved that the communication be return- ed to the Planning & Zoning Com- mission for a more definite de- Cision. Seconded by Councilman Couchman. Carried by the follow - inti vote: Yeas — Mayor Pregler. Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Communication of C J May Jr attorney, requesting permission to address the Council relative to the foregoing zoning matter, present• ed and read. Councilman McCauley moved that the rules be suspended in order to let anyone present address the Council if thev so desired. Seconded by Councilman Schultz. Carried by the following vote - Yeas -- Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Mr. C. J. May Jr. addressed the Council by stating that he would forego his presentation at this time. Councilman McCauley moved that Mr. May's communication be attached to the Planning & Zoning Communication to be returned to the Commission. Seconded by Councilman Couchman. Carried by the following vote: Yeas -- Mayor l'ret!ler, Council- men Couchman, Meyers, McCauley, Schultz. Nays -- None. October 1, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Single Family Residence to Mul- tiple Residence, property described as Block C. Block P and a p,)rtion of Block A in Highland in the City of Dubuque, Iowa. This property lies cast of Kennedv Road and south of Eisenhower Elementary School. The only existing development adjacent to this property is a single family development lying to the south. The homes in that sub- division back on to this property and are situated on land that is somewhat h,icrhrr in elevation than the area proposed to be reclassi- fird Access to this property would be from Kennedy Road and would be located at a point near the bottom of the hill so that there would be ndentmte sight distance for cars traveling on Kennedy Road. Property on the other side of Kennedy Road is classified Multiple Residence at the present time. Sanitary sewer and iAater ser- vicec are available to this property at the present time and adequate t7 serve the increased population that would he permitted in the Multiple Residence District. ft is the opinion of the Com- mission that Multiple Residence development would be an appro- priate use of this land and because of the change in elevation between the single family area to the south and this area. that there would he n + adverse affects on surrounding development. Access to Kennedy Road would acrommodate the in- crease in traffic that would be generated. It is the recommendation of the Commission that this proposal be approved. Respectfully submitted. CiTY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved ap- proval of the recommendation and same should be referred for proper proceedings. Seco Carried Council man McCauley. y the following vote: Yeas -- Mayor Pregler. Council men Couchman, Meyers, McCauley, Schultz. Nnys –_ None. Petition of Dubuque Chapter of the Muscular Dystrophy ' America Inc. requesting permis- 470 Regular Session, October 6, 1969 sion to conduct their annual drive for funds on November 9, 1969, presented and read. Mayor Pregler moved that the petition be granted and referred to the Manager for coordination. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition for Wahlert High School requesting permission to conduct a Homecoming Parade on October 30. 1969, presented and read. Mayor Pregler moved that the petition be granted and referred to the Manager for coordination. Seconded by Coucilman Couchman. Carried by the following vote: yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition by Phillip Langan re- questing rezoning of the property located at 1105 Loras Blvd., pre- sented and read. Councilman Meyers moved that the petition be referred to the Planning & Zon- ing Commission. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Joseph J. Bitter, re- questing permission to address the council relative to rezoning of Lots 7, 8 and 9 in Davis Farm Addn. owned by Donald and Lois Knapp from present Multiple Family District to Local Business "B" Classification, for placement of mobile homes, presented and read. Mr. Bitter was not in at. tendance and Councilman Couch- man moved that the petition be referred to the Planing & Zoning Commission. Seconded by Council- man Meyers. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Dubuque Vietnam Moratorium Committee, Arthur Stanley Chairman, et al requesting permission to conduct a peace march Wednesday, October 15, 1969 at 1:00 P.M. presented and read. Councilman Couchman mov- ed that the petition be granted and the people concerned work out the route of march with the City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays — None. MAYOR PREGLER LEFT THE COUNCIL CHAMBER AT 8:00 P.M. Councilman Meyers moved that Councilman Sylvester McCauley be elected Presiding officer pro tem. Seconded by Councilman Couchman. Carried by the follow- ing vote: Presiding officer pro tem Mc- Cauley, Councilmen Couchman, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. Petition of Eugene Tigges re- questing permission to excavate at 605 W. 11th Street, presented and read. Councilman Meyers moved that the petition be granted subject to approval of the City Engineer. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Presiding officer pro tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. Petition of Wayne A. Molden- hauer et al, 337 signatures re- questing the Council to instruct law officers to arrest and prose- cute persons using Allison Hen- derson Park and or the streets surrounding it for loitering, litter- ing, sleeping and general vag- rancy, if this cannot be done close the park in its entirety, presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Presiding officer pro tem McCauley, Councilmen Couch- man, Meyers, Schultz. Absent — Mayor Pregler. Dr. Thran, a resident of Nowata street stated that what goes on in Allison Henderson Park is consid- Regular Session. October 6, 1969 471 ered a major scandal. Certainly it could be called disturbing the peacc. if you cannot enforce the laws yon ought to close the park. Mrs. Robert lluclow of N. Crand view spoke for the parents of young children w•ho used the park. Mrs llerrig of 15.57 Delhi, .lames J. Kean of 1120 Nowata. Mr. d Mrs. Carl lhrcke of Nowata Street, Mrs. Janet VanD rMuellen, com- plained as to noise and the fear of letting their children use the park. ;sirs. Thran stated that the fre- quenters of Allison Henderson Park are not acting as responsible people. Captain Fangman and Captain Bastian uere called upon in de- fense of the City to show that everything possible is being done to keep the area under control every day of the week until mid- night. Mr. Richard Kramer, superin- tendent of parks. stated that they have men in the park seven days a week. After considerable discussion Presiding Officer Pro Tem Mc- Cauley moved that the rules be reimposed Seconded by Council. man Couchman. Carried by the following vote: Peas -- Presiding officer pro tem McCauley, Councilmen Couch. loan, Meyers. Schultz. Na. s -- mune. Absent — Mayor Pregler. The Council promised the adop• tion of an Ordinance restricting; parking on the nest side of No- wata Street, to relieve the parking situation in the area, and request ed the exercise of patience and forbearance of the assembly, in bring to resolve the so-called hippie problem, in Allison llender son Park and the surrounding: neighborhood which seems to be underlying cause (;f confusion and disturbance of the normal peace and quiet of the area. ORDINANCE NO. 37-69 An Ordinance A to e n d in 9 Ordinance No. 33-49 known as the Traffic Code of Dubuque Iowa, as amended, by enactinq a new sub -section 102 of Sched- Ule VI thereof to pr-)Iik•it the parking of motor vehicles on the west Side of Nowats Street from Loras Boulevard to Uni- versity Avenue, presented and read. Coucilman Meyers moved that the reading just had to be con- sidered the first reading of the Ordinance. Seconded by Presiding Officer Pro Tem McCauley. Car• ried by the following vote: Yeas -- Presiding officer pro tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. Councilman Meyers 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 — Presiding officer pro tern McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent Mayor Pregler. AN ORDINANCE AMtrvVtno UKUim ANCE NO. 33.49 KNOWN AS THE T,tAFFIC CODE OO DUBUQUE, JWA," AggS I,, t AMENDS . BY ENACTINo yLENEW Vt THEREOFIOO Prk OHIBIT 2 OF THD, PARKING OF M07OR VEHICLES ON THE WEST SIDE OF NOWATA STREET FROM LORAS BOULEVARD TO UNI- VERSITY AVENUE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: :eclton 1. That Ordinance No. 3349 known as me "Traffic Code of D.ibuoue. Iowa" as amended, be and the same is hereby bysubsection 1021erldrd to ScheduleaVI thereof as fellows: sc►,edule VI 102. Onth* west side of Nowata $tree' Iron Lot as Boulevard to University Ave nue. Passed. aPvroved and ad_'Pted this 6t' onv 0 1 October, 1969. SylVester McC""' Presiding Officer Pro Tem Merlin F SgItz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially 19ftthe. elegral " Herald NewsPaPer this of bet 1969 Leo F. Frommelt City Clerk. Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas -- Presiding officer pro t( -!n McCauley. Councilmen Couch- man, Meyers. Schultz. Nays —None. ler. Absent — Mayor Preg Petition of I'ackers Tap request Ing; the installation of a street light on the corner of 16th & Cedar Street, on a presently existing pole, presented and read. Council- 472 Regular Session, October 6, 1969 man Meyers moved that the peti- tion be referred to the City Man- ager and Electrical Inspector for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Presiding officer pro tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. Petition of Jack M. Kritikos re- questing a refund of $75 on the unexpired portion of cigarette license No. 173, discontinued bus- iness on September 30, 1969, pre- sented and read. Councilman Couchman moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Presiding officer pro tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. RESOLUTION NO. 336.69 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 dir- ection of said Loan and Capital Grant Contract, has acquired for the public pu*poso of 4mriPment- 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 DUBUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the fol- lowing described parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15 is here• by ratified and accepted by the City of Dubuque. GRANTOR GRAND OPERA HOUSE, Inc., Deed dated August 13, 1969, Re corded in Book 200, Page 75. PROPERTY DESCRIPTION The North one-third of the south half, and the south one-third of the north half, of Lot 750, in the City of Dubuque, Iowa, according to the United States Commission. ers' Map of the Town of Dubuque, Iowa (Parcel 9.11) 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 Res- olution in the Office of the Re- corder in and for Dubuque County, Iowa. Passed, approved, and adopted this 6th day of October, 1969. Sylvester McCauley 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 McCauley, Councilmen Couch. man, Meyers. Nays — Councilman Schultz. Absent — Mayor Pregler. RESOLUTION NO. 33769 WHEREAS, Glen E. Gierke and Gloria de S. Gierke, his wife have conveyed the following described real estate. Lot I of Lot 1 of Block 3 of Riverfront Subdivision No. 2 in the City of Dubuque, Iowa, sub- ject to : asements of record and existing easL.-nants to 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 delivery of the Special Warranty Deed dated September 15, 1969, executed by Glen E. Gierke and Gloria de S. Gierke, his wife, conveying the above described real estate to the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That the City Clerk be and lie is hereby authorized and Regular Session, October 6, 1969 473 directed to record said Special warranty Deed in the office of the Dubuque County Recorder. Passed, approved and adopted this 6th day of October. 1969. Sylvester McCauley 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 McCauley, Councilmen Couch. man, Meyers, Schultz. Nays — None. Absent — Mayor Pregier. Proof of Publication. certified to by the Publisher, of Notice of public hearing to consider propos- al to dispose of real estate hying east of and within 282' of the Eh boundary of Block 24, Dubuque Harbor C.o's Addn.. Sixth Street. Block 0 Booth's Addn., Vacated Fifth Street. Block N -Vacated Fourth Street, Lot 11. 10, 9. 8, 7, 6 and the north 3' 3" of Lot 5 in Block M Booths Addn. to Fischer Investment Company, presented and read. No written objections were filed and no oral objectors were pres- ent at the time of the public hearing. Councilman Meyers moved that the proof of Publication. be re- cieved and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas -- Presiding officer pro tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent -- !Mayor Pregler. RESOLUTION NO. 338-69 WHEREAS, pursuant to Resolu- tion of published notice of time and place of hearing published in the Telegraph-lierald, a newspaper If general circulation published in the City of Dubuque, lows on September 5, 1969 and September 12, 1969, City Council of Dubuque. Iowa met on the 6th day of Octo ter, 1969 at 7:30 P.M. (Daylight Savings T'irn(,) in the City Council Chamber, City Hall, Dubuque, Iowa to consider the proposal to dis. pose of interest of the City of Dubuque to: the Easterly two hun. Bred eighty two (282) feet from the easterly boundary of Block 24, Dubuque Harbor Co.'s Addition, Sixth Street, Block 0 Booth's Ad' dition, vacated Fifth Street, Block N, vacated Fourth Street, I.ot 11, 10, 9, 8, 7, 6, and the North 3 feet 3 inches of Lot 5 in Block M, Booth's Addition all in the City of Dubuque, Dubuque County, State of Iowa to Fischer Investment Com- pany, and WHEREAS, City Council of Dubuque, 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 Fischer Investment Company of Dubuque, Iowa; 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 Fischer Invest- ment Company covering the fol- lowing described real etsate, to- wit: owit: The Easterly two hundred eighty two (282) feet from the easterly boundary of Block 24, Dubuque Harbor Co.'s Addition, Sixth Street Block 0 Booth's Addition, vacated Fifth Street, Block N. vacated Fourth Street, Lot 11, 10, 9, 8, 7, 6, and the North 3 feet 3 inches of Lot 5 in Block M, Booth's Addition all in the City of Dubuque. Dubuque County, State of Iowa be and the same is hereby ap• proved subject to terms of a written agreement between the City of Dubuque, 1ow,aoanved Fischering the Investment Company' g respective rights and obligations of each as pertain to the granting of rights of way for the Dubuque I,ocal Flood Protection Project and subject as part of the agreed consideration for said easement agreement of the conveyance by Fischer Investment Company to s erestf inand ,g ue, lowa of all it int to certain prop- 474 Regular Session, October 6, 1969 erty in and along the area of the Local Flood Protection Project as relates to them. 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 Dubuque County Recorder. Passed, approved and adopted this 6th day of October, 1969. Sylvester McCauley 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 McCauley, Councilmen Couch- man, Meyers, Schultz. Nays —None. Absent — Mayor Pregler, Proof of publication, certified to by the Publisher, of Notice of pub- lic hearing to dispose of interest in Lot 3 of Lot 1 of Block 5 River - front Subdivision No. 3 to The ESKA Company, 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 receiv- ed and filed. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas — Presiding officer pro tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. RESOLUTION NO. 339.69 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 Sep- tember 5, 1969 and September 12, 1969, City Council of Dubuque, Iowa met on the 6th day of Octo- ber, 1969 at 7:30 o'clock P.M. (Central Daylight Savings Time) in the City Council Chamber, City Hall. Dubuque, Iowa, to consider he proposal to dispose of interest )f the City of Dubuque to Lot 3 )f Lot 1 of Block 5 Riverfront subdivision No. 3 in the City of Dubuque, Iowa, subject to existing easements and easements of record ,o The ESKA Company of Dubuque [owa, and WHEREAS, City Council of Dubuque, Iowa, overruled any and all objections oral or written, to the proposal to dispose of interest A City of Dubuque, Iowa, in the above described real estate to rhe ESKA Company of Dubuque, Iowa: 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 The ESKA Com- pany of Dubuque, Iowa covering the following described real estate, to -wit: Lot 3 of Lot 1 of Block 5 River - front Subdivision No. 3 in the City of Dubuque, Iowa, subject to existing casements and ease- ments of record for the purchase price of $17,350.00 be and the same is hereby approv- ed, subject to the following terms and conditions, to -wit: A. That said real estate be sold to The ESKA Company of Dubu- que, Iowa for its expansion proportionate to its present facilities. B. That the sale price for said real estate shall be in the amount of $5,000.00 per acre or a total purchase price of $17,350.00. C. That The ESKA Company final- ize its negotiations with the Dubuque Industrial Develop- ment Corporation to purchase land and buildings located in Blocks 5 and 6 of Riverfront Subdivision No. 3. I). That said land be used by The ESKA Company for its expan- sion proportionate to its present facilities within one (1) year of adoption and passage of this Resolution and shall be com- pleted within two (2) years of date of adoption and passage of this Resolution and upon failure so to do by the pur- chaser, The ESKA Company of Dubuque, Iowa, said real estate shall automatically revert to Regular Session, October 6, 1969 475 the City of Dubuque, Iowa, and and purchase price, less dam- ages, shall be refunded to the purchaser. E. That the construction of all buildings, yards, parking lots and fences shall be constructed in conformance with existing City Codes. Section Z. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to The ESKA Company of Dubuque, Iowa upon receipt of total purchase price in the amount of $17,350.00. 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, approved and adopted this 8th day of October. 1989. Sylvester McCauley Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Presiding officer pro tem McCauley, Coucilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler May 1, 1989 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a final plat of Sunrise Heights subdivis- ion. The Commission has found that the plat meets the minimum re- quirements of the subdivision reg- ulations and is in conformance with the plan for the area. It is the Commissions recom- mendation that the plat be approv- ed. Respectfully submitted PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved ap. proval of the recommendation. Seconded by Presiding Officer Pro Tem McCauley. Carried by the fol- lowing vote: Yeas — Presiding officer pro tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. RESOLUTION NO. 340.69 Resolution approving the plat of Block 10 and Block 11 in "Sunrise Heights" in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 10 and Block 11 in "Sunrise Heights" in the City of Dubuque, Iowa, by Andrew J. Richard and Marie E. Richard, husband and wife and WHEREAS, upon said plat ap- pear streets to be known as Wild - wood Drive and Wildwood Court, together with certain public util- ity 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 relat. ing thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or Hater installed: NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Wildwood Drive and Wildwood Court, together with the easements for public utilities as the same ap- pear upon said plat, be and the same are hereby accepted. Section 2. That the plat of Block 10 and Block 11 in "Sunrise Heights" 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, exr. 476 Regular Session, October 6, 1969 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 Wildwood Drive and Wildwood Court 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 laterals in accordance with plans submit- ted with the plat; c. To install water mains and water service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbasins 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- provements in accordance with plans and specifications approv- ed by the City Manager, under the inspection of the City En- gineer, 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 Dubu- que, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Sub. divider, Andrew J. Richard and Marie E. Richard, husband and wife, as owner; L To construct said improve- ments, except sidewalks, prior to May 1, 1971, and to construct the sidewalks prior to May 1, 1973; and further provided that said Andrew J. Richard and Marie E. Richard, husband and wife, as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Andrew J. Richard and Marie E. Richard, husband and wife, shall fail to execute the acceptance and furnish 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 approved by unanimous recorded roll call this 6th day of October. A.D., 1969. Sylvester McCauley Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F'Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 340-69 We, the undersigned Andrew J. Richard and Marie E. Richard hav- ing read the terms and conditions of the foregoing Resolution No. 340-69 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 7th day of October, 1969. Andrew J. Richard Marie E. Richard To: Leo F. Frommelt, City Clerk This is to certify that the secur- ity provided by the foregoing Res- olution No. 340.69 has been furn- ished by the owners. Dated at Dubuque, Iowa, this 12th day of November, 1969. Gilbert D. Chavenelle City Manager Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Presiding officer pro tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent Mayor Pregler. October 1, 1969 To the Honorable Mayor and City Council Gentlemen: The following is the breakdown of the certified cost of the sanitary sewer installed in lith Street i from Cedar Street east to a point approximately 1,520 feet. 1,520 Lin. Ft. of 12" VCP @, $6.15/ft............. $ 9,346.0(1 Regular Session. October 6. 1969 4 4 Manholes - complete @ 5350 ......................... 1,400.00 Service Tax ................ 322.44 Sewer Design - Cullen - Schlitz 6c Assoc. ........... 5CW.78 Engineering Cost for staking by Cullen Schlitz do Assoc . .............. 543.00 Inspection Cost - City of Dubuque (to July 4th .... 153.01 Inspection Cost - City of Dubuque (to July 7th 8th) .................................. 130.C6 $12,40129 It is hereby certified that the above costs are those paid to the contractor and others according to final quantities measured by the Cullen - Schlitz do Associates, engineers for the project. This cost will be prorated over the us- able frontage of property along 11th Street and Kerper Boulevard. Frontage Lot 1-i — Block 3 — Riverfront Sub. No. 2 ............ 163 Lot 2.1 — Block 3 — Riverfront Sub. No. 2 ........ 85 Lot 2 — Block 3 — River front Sub. No. 2 .................... 145 Lot 3 — Block 3 — River - Front Sub. No. 2 ................ 200 TOTAI. FRONTAGE = 595' $12,401.29 595 -- 520.84/front ft. Sincerely John I.. White City Engineer Councilman Meyers moved that the communication be recieved and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem McCauley, Councilmen Couch- man, Meyers, Schultz. Days — None. Absent --Mayor Pregler RESOLUTION NO. 341.69 Resolution establishing a connec- tion charge for the twelve inch Sanitary Sewer constructed in 11th Street and Kerper Boule- vard from Cedar Street 1,520 feet east. WHEREAS, The City Engineer has inspected the same and the City Manager has accepted said sewer; and WHEREAS, The City Engineer under said ordinance has filed with the City Council a certified statement showing all the amounts Paid in connecti,)n with the con. struction of said sever, including engineering and inspection fees amounting to $12,401.29. NOW,THEREFORE, BE IT RE. SOLVED by the Citv Council of the City of Dubuque, Iowa: Section I. That hereafter any person or persons desiring to con. nect with said sewer shall first apply to the City Manager for permission to do so and such per. mission shall be granted upon con- dition that the applicant shall pay to the Citv Treasurer for the ac- count of Vallet Poultry Company, a connection charge of $20.84 ver front foot. Section 2. That if in the future the property owner of Block 1 in Riverfront Subdivision in the City of Dubuque decide to connect to the ab3ve described sewer the fol- low ing amounts will be. reimbursed by the owners of Block 1 River - front Subdivision to the owners of the lot that at the present time defrayed the entire cost of the sewer. Lot 1.1 — Block 3 — Riverfront Sub. No. 2 = $2,117.18 Lot 2.1 — Block 3 — Riverfront Sub. No. 2 = $1,090.6" l.ot 2 — Block 3 — Riverfront Sub, No. 2 = $1.860.55 Lot 3 — Block 3 — Riverfront Sub. No. 2 == $2,56629 Section 3. That the City Clerk be and he is hereby authorized and directed tc, record a certified cnpy of this resolution in the of- fice of the County Recorder of Dubuque County, Iowa. meed Passed, adopted and app this 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tem !Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ad- option of the resolution. Seconded I>y Councilman Meyers. Carried by the following vote: Yeas — Presiding officer pro tem McCauley, Councilmen Couch- ;,ian. Meyers, Schultz. None. Absent -- Mayor Pregler. 478 Regular Session, October 6, 1969 RESOLUTION NO. 342.69 Resolution Approving Plat Of Clin-Que, Inc. No. 2 Addition WHEREAS, there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 2 and Lot 2 of Lot 2 of Lot 2 of Lot 1 of Clin-Que, Inc. Addition in Section 28, Township 89 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa, is platted as Lots 1 through 12, inclusive, of Clin-Que, Inc. No. 2 Addition in Section 28, Township 89 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa; and WHEREAS, said plat has been examined by the City Planning Commission and had its approval endorsed thereon; and WHEREAS, 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 this 6th day of October, A.D., 1969. Sylvester McCauley 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 McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. RESOLUTION NO. 34369 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. Walter Paul Donath, 521 East 22nd Street. Nabors of Iowa, Garfield do Elm Streets. BE IT FURTHER RESOLVED that the bonds filed with the ap. plication be approved. Passed, adopted and approved this 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ad- option of the resolution. Seconded by Councilman Meyers Carried by the following vote: Yeas — Presiding Officer Pro Tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. RESOLUTION NO. 344.69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same having been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" BEER PERMIT Disabled American Veterans Club, 2600 Dodge Street Plaza 20. Joseph E. Reisdorf, 601 Rhomberg Avenue. Donald C. Brimeyer, 1100 Lincoln Avenue. Doris J. Tigges, 2776 Jackson Street Walter Paul Donath, 521 East 22nd Street. Holiday Oil Distributing, Inc., 665 Dodge Street. Regular Session, October 6, 1969 479 CLASS "C" BEER PERMIT Kopple Market, Inc., 1098 Univer• sity Avenue. Passed, adopted and approved this 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ad- option of the resolution. Seconded by Councilman Meyers. Carried by the following vote Yeas — Presiding Officer Pro Tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. RESOLUTION NO. 34SA9 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 Disabled American Veterans Club, 2600 Dodge Street Plaza 20. Joseph E. Reisdorf, 601 Rhomberg Avenue, Donald C. Brimeyer, 1100 Lincoln Avenue. Doris J. Tigges, 2776 Jackson Street. Walter Paul Donath, 521 East 22nd Street. Holiday Oil Distributing, inc., 665 Dodge Street. CLASS "C" BEER PERMIT Kopp)(. Market. inc., 1098 Univer- sity 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 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ad- option of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem McCauley, Councilmen Couch- man, Meyers, Schultz. Ways — None. Absent — Mayor Pregler. RESOLUTION NO. 346.69 WHEREAS. applications for Li- quor 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 Holiday Oil Distributing, Inc„ 665 Dodge Street. Francis T. Kohl, 1700 Central Ave. nue. Passed, adopted and approved this 6th day of October, 1969. Sylcester McCauley Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Coucilman Schultz moved ad- option of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Presiding Officer Pro Tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. 480 Regular Session, October 6, 1969 RESOLUTION NO. 347.69 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants, and they received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found 0 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 Holiday Oil Distributing, Inc., 665 Dodge Street. Francis T. Kohl, 1700 Central Ave. nue. Passed, adopted and approved this 6th day of October, 1969. Sylvester McCauley Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ad- option of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. At 9:40 P.M. Presiding Officer Pro Tem McCauley moved that the Council go into executive session to discuss sale of Urban Renewal property and a Fire Department Personnel problem. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Presiding Officer I'ro Tem McCauley, Councilmen Couch- man, Meyers, Schultz. Nays — None. Absent — Mayor Pregler. At 10:55 P.M. the Council re- turned to the regular session. Mayor Pregler also returned to the meeting. There being no further business Councilman Schultz moved to ad- journ. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Leo F. Frommelt City Clerk Approved F.e.bruary 16 ...... ......... 1970 Adopted F.J�.bX:..U.a.X Y... 1970 ...: y.,..... ... ' .. .. ..... U .. ... ... / .s C ci men to: ................ ............................. ,'City Clerk. Special Session, October 8, 1969 481 CITY COUNCIL OFFICIAL Special Session, October 8, 1969 Council met at 4:30 P.M. (D.S.T-) Present — Mayor Pregler, Coun- cilmen Meyers, McCauley, Schultz. City Manager Gilbert D. Chavenelle Absent — Councilman Couchman (out of city) ?Mayor Pregler read the call and stated that service thereof had been duly made and this meeting; is called for the purpose ofsubmit- ting the Canvass of Results of the Special Annexation Election held on October 7, 1969, and acting upon such other business as may prop- erly come before a regular meet- ing of the City Council. Proof of Publication, certified to by the Publisher, of Mayor's Pro- clamation of Notice of Election on Annexation Dubuque, Iowa, pre- sented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Car ried by the following vote: Yeas — Mayor Pregler. Council- men Meyers. McCauley, Schultz. Nays — None. Absent—Councilman Couchman. Proof of Publication, certified to by the Publisher, of Official Notice proposing the annexation of certain described unincorporat- ed territory to the City of Dubuque. presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent --- Councilman Couch- man. Proof of Publication,certified to by the Publisher, of Official Bal- lot of City of Dubuque Annexation Proposition, presented and read. Councilman Meyers moved that the proof of publication be received ,,nd filed. Seconded by Mayor Pregler. Carried by the following vote. Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent --Councilman Couchman. October 8, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provis- ions of Section 50.21 of the 1968 Code of Iowa please be advised that on October 8, 1969, we Walter A. Pregler, '.Mayor and Leo F, Frommelt, Clerk of the City of Dubuque, Iowa, do hereby certify that we publicly canvassed the election returns of the Special Flec- tion, City of Dubuque Annexation Proposition, held on October 7, 1969, and herewith submit the re- port of such canvass on the follow- ing proposition: ' Shall The Proposition To Annex The Territory Described As Fol. lows: Commencing at the existing City Limits at a point on the north- % est corner of Section 14 T89N 112E of the 5th P.M., thence east alone; the Section Line between Section 11 and Section 14, both in T89N R2E of the 5th P.M. to the northeast corner of Section 14, thence east along the Section Line between Section 12 and Section 13, bAh in T89N R2E of the 5th P.M. to a point on the southeast corner of the SWV4 of Section 12 T89N R2E of the 5th P.M., thence north along the east line of the SW;i of Section 12 to the center point of Section 12, thence cast a distance of one thousand nine hundred and eighty-four feet (1,984) to the northeast corner of Lot 1 of Lot 1 of Bethany Addition in Section 12, thence south a distance of seven hundred and twenty-nine feet (729') to the northwest corner of Lot 2 of Lot 1 of the NEI/4 of the SE34 of Section 12, thence east a distance of six hunched fifty.five feet (655') to the northeast corner of Lot 2 of Lot 1 of the NE14of the SE4e of Section 12, thence north along the Section Line between Section 12 T89N R2E of the 5th P.M, and Section 7 T69N R3E of the 5th P.M. to the northwest corner of he Section Section t; encc north along t Line between Section I 1`89N R2F of the 51:11 P.M. and Section 6 T89N Rik,of the 5th P.M. to a point on the southeast corner of I.ot 2 of Lot 1 of Lot 6 of the Fountainhill Resubdivision in Sec. tion 1, thence northwesterly a dis. 482 Special Session, October 8, 1969 tance of six hundred eleven and four tenths feet (611.4') along a line bearing N61'25'W, thence southwesterly a distance of two hundred eighteen feet (218') along a line bearing S46'40'W, thence northwesterly a distance of ninety- one and three tenths feet (91.3') along a line bearing N50°10'W, thence northerly a distance of one hundred fifty-nine and two tenths feet (159.2') along a line bearing N3'W, thence northwesterly a dis- tance of eighty-nine and three tenths feet (89.3') along a line bearing N26'50'W, thence north- westerly a distance of five hun- dred seventy-eight and five tenths feet (578.5') along a line bearing N61'25'W, thence north a distance of two hundred fifty-eight and four tenths feet(258.4'), thence south- easterly a distance of four hundred ninety and eight tenths feet (490.8') along a line bearing S58'53'E thence southeasterly a distance of one thousand six hundred seventy- eight and nine tenths feet (1,678.9') along a line bearing S60'E, thence southeasterly a distance of three hundred twenty-three and four tenths feet (323.4') along a line bearing S76'15'E, then northeast- erly a distance of ninety-seven and sixty-eight hundredths feet (97.68') along a line bearing N35'15'E. thence southeasterly a distance of seven hundred twenty-four feet (724') along a line bearing S54'E, thence southeasterly a distance of four hundred sixty-two feet (482') along a line bearing S45'E, thence southeasterly a distance of eight hundred eight and five tenths feet (808.5') along a line bearing S50'30'E, thence southeasterly a distance of one hundred sixty-five feet (165') along a line bearing S 41'30'E, thence east to the Bound- ary Line between the State of Iowa and the State of Wisconsin, thence northerly along said Boundary Line to the point of its intersec- tion with the eastward projection of the south line of the N% of Section 26 T90N R2E of the 5th P.M., thence west along the pro- jected line of the south line of the N% of Section 26 to the southeast corner of the NI/2 of Section 26, thence west along the south line of the N% of Section 26 to the southwest corner of the N ,z of Section 26, thence south along the Section line between Section 26 and Section 27, both in T9ON R2E of the 5th P.M. to the northeast corner of Section 34 T90N R2E of the 5th P.M., thence south along the Section line between Section 34 and Section 35, both in T90N R2E of the 5th P.M. to the north line of Section 3 T89N R2E of the 5th P.M., thence cast along the north line of Section 3 to the northwest corner of Section 2 T89N R2E of the 5th P.M., thence south along the Section line be- tween Section 2 and Section 3, both in T89N R2E of the 5th P.M. to the southwest corner of Lot 17 R2Ein the NWI14 of Section 2 T89N R2E of the 5th P.M., thence east along the south line of Lot 17 in the NWI/4 of Section 2 to the northwest corner of Lot 18 in the NWY4 of Section 2, thence south. easterly along the west line of Lot 18 in the NWI/4 of Section 2 to the northwest corner of Lot 22 of Section 2 T89N R2E of the 5th P.M., thence southeasterly along the west line of Lot 22 of Section 2 to the northwest corner of Lot 2 of Lot 28 of Section 2 T89N R2E of the 5th P.M., thence southeast. erly a distance of seven hundred eight and eighty-four hundredths feet (708.84') along the west lines of Lot 2 of Lot 28 in Section 2 and of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 28 in Section 2 to the southwest corner ofLot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 28 in Section 2, thence westerly a distance of six feet (6') along a line bearing S86'30'W, thence southwesterly a distance of two hundred twenty-seven and seven tenths feet (227.7') along a line bearing S35'301W, thence south- easterly a distance of three hun. dred twenty-three and four tenths feet (323.4') along a line bearing S27'E, thence southeasterly a dis- tance of two hundred eighty and five tenths feet (280.5') along a line bearing S67°E, thence north- easterly a distance of approximat- ely one hundred ten feet (110't) along a line bearing N68'E to the south line of Lot 11 of Block 2 of the Breiner Subdivision in Section 2 T89N R2E of the 5th P.M., thence southeasterly along the southerly line of Block 2 of the Breiner Sub. division in Section 2 to its inter- Special Session, October 8 1969 483 bion with the northwesterly line of the Right -of -Way of State of Iowa Highway Number Three hundred eighty-six (No. 386), thence southerly along said line of Right of•Way to a point where said line intersects the northerly projection of the westerly line of Lot 2 of Lot 2 of Lot 5 in the NW?4 of Section 11 T89N R2E of the 5th P.M., thence southerly along said pro- jection of the westerly line of Lot 2 of Lot 2 of Lot 5 of the NWLi of Section 11 to the northwest corner of Lot 2 of Lot 2 of Lnt 5 of the NW 1/4 of Section 11, thence southerly a distance of two hundred eight and seven tenths feet (208.T) along the westerly line of Lot 2 of Lot 2 of Lot 5 of the NW''i of Section 11 to a point on the northwest corner of Lot 2 of Lot I of Lot 1 of Lot 1 of Lot 2 of Northome Place in Src- tion 11 T89N R2r of the 5th P.M., thence easterly along the northerly line of Lot 2 of Lot I of Lot 1 of Lot 1 of Lot 2 of Northome Place a distance of three hundred sixty- three and five tenths feet (363.5') to the n-,rtheasterly corner of said Lot, thence southerly along the easterly line of Lot 2 of Lot 1 of Lot I of Lit 1 of Lot 2 of Northome Place to the northeasterly corner of Lot 1 of Lot l of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place in Section 11 T89N R2E of the 5th P.M.. thence southerly along the easterly line of l.ot 1 of Lot 1 of Lot I of 1.01 I of Lot 1 of Lot 2 of Northome Place to the southeasterly corner of said Lot, thence easterly along the northerly line of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Northome Place in Section 11 T89N R2E of the 5th P.M. to the northeasterly corner of said Lot, thence southerly a distance of three hundred forty-five and two hund- redths feet) (345.02') in a direct course to the northeasterly cor. ner of Lot 2 of Lot 1 of Lot 1 Of I.ot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Northome Place in Section 11 T89N R2E of the 5th P.M., thence westerly a distance of seven hundred thirty-seven and ninety-eight hundredths feet (737. 98') along the northerly line of Lot 2 of Lot 1 of Lot 1 of Lot l of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Northome Place in Section 11 to the northwesterly corner of said Lot, thence westerly a dis- tance of fifty feet (50') along the northerly line of Lot 1 of Lot 2 of I,ot 2 of Lot 1 of Lot 1 of Lot 1 4 Lot 1 of Northome Place in Section 11 to the easterly line of the Right -of -Way of United States Highway Number Fifty Two (No. 52) and State of Iowa Highway Number three (No. 3), thence southerly along the easterly line of the Right -of -Way of said Highway to the intersection of said Right - of -Way line with the south line of the. N 1, of Section 11, T89N R2E of the 5th P.M., thence westerly along the south line of the Nei of Section II, to the southwest cor- ner of the N% of Section 11, thence south along the Section line be- tween Section 10 and Section 11, both in T89N R2E of the 5th P.M. to the northwest corner of Section 14 T89N R2E of the 5th P.M. being the point of beginning, "in Reso- lution No. 196.69, passed, adopted and approved by the City Council of the City of Dubuque, Iowa on the 7th day of August, 1969, be approved?" ATTEST: Len F. Frommelt City Clerk 484 Special Session, October R. 1969 PRECINTS YES NO DEFECTIVE TOTAL First 623 901 16 1540 Second 359 923 9 1291 Third 126 344 5 475 Fourth 129 273 3 405 Fifth 259 459 6 724 Sixth 514 935 9 1458 Seventh 51 180 11 242 Eighth 155 337 5 497 Ninth 133 424 14 571 Tenth 217 571 15 803 Eleventh 449 879 8 1336 Twelfth 176 425 9 610 Thirteenth 357 897 8 1262 Fourteenth 413 837 31 1281 Fifteenth 349 785 12 1146 Sixteenth 706 1258 24 1988 Seventeenth 338 491 7 836 TOTALS 5354 10919 192 16465 We Walter A. Pregler, Mayor of the City of Dubuque, Iowa, do hereby certify that we publicly canvassed the election returns of City of Dubuque Annexation Prop- osition held on October 7, 1969 and find the following results; YES 5354 — No 10,919 — De- fective 192 Total votes cast 16,465. Respectfully submitted, Walter A. Pregler Mayor Leo F. Frommelt Clerk Coucilman Meyers moved that the canvass be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. RESOLUTION NO. 348.69 WHEREAS the Mayor and City Clerk of Dubuque today met and canvassed the votes cast at the October 7, 1969, Special Annexa- tion Proposition Election of the following question submitted to the electors of the City of Dubuque: "Shall The Proposition To Annex The Territory Described as Fol- lows: Councilman Meyers moved that City Limits at a point on the north- west corner of Section 14 T89N R2E of the 5th P.M., thence east along the Section Line between Section 11 and Section 14, both in T89N R2E of the 5th P.M. to the northeast corner of Section 14, thence east along the Section Line between Section 12 and Sec- tion 13, both in T89N 112E of the 5th P.M. to a point on the south- east corner of the SWV4 of Section 12 T89N R2E of the 5th P.M., thence north along the cast line of the SWI/4 of Section 12 to the center point of Section 12, thence east a distance of one thousand nine hundred and eighty-four feet (1984') to the northeast corner of Lot 1 of Lot 1 of Bethany Addition in Section 12, thence south a dis- tance of seven hundred and twenty nine feet (729') to the northwest corner of I.ot 2 of Lot 1 of the NEVI of the SEN of Section 12. thence east a distance of six hun- dred fifty-five feet (655') to the northeast corner of Lot 2 of Lot 1 of the NE'/4 of the SEY4 of Section 12, thence north along the Section Line between Section 12 T89N R2E of the 5th P.M. and Section 7 T89N R3E of the 5th P.M. to the northwest corner of Section 7, thence north along the Section Line between Section 1 T89N R2E of the 5th P.M. and Section 6 T89N R3E of the 5th P.M. to a point on the southeast corner of Lot 2 of Lot I of Lot 6 of the Fountainhill Resubdivision in Sec - lance tion 1, thence northwesterly a distance of six hundred eleven and four tenths feet (611.4') along a line bearing N61'25'W, thence southwesterly a distance of two hundred eighteen feet (218') along a line bearing S46'40'W, thence northwesterly a distance of ninety one and three tenths feet (91.3') Special Session, October 8, 1969 495 along a line bearing N50'10'W, thence northerly a distance of one hundred fifty-nine and t.%o tenths feet (159.2') alone a line bearing N3'µ'. thence ermine sterly a and three is- tance of eig1 tenths feet (89.3') along a line bearing N26'50'W, thence north- westerly a distance of five hun- dred seventy-eight and five tenths feet (578 5') along a line bearing N61'25'W, thence north a distance of two hundred fifty-eight and four tenths feet (258.4'), thence south- easterly a distance of four hun. dred ninety and eight tenths feet (4908') along a line bearing S58'53'E thence southeasterly a dis- tance of one thousand six hundred seventy-eight and nine tenths feet (1.678.9') along; a line bearing S60'E, thence southeasterly a dis- tance of three hundred twenty- three and four tenths feet (323.4') along a line bearing S76'15'E. thence northeasterly a distance of ninety-seven and sixty-eight hun- dredths feet (97.68') along a line bearing N35'15'E, thence south- easterly a distance of seven hun- dred twenty-four feet (724') along a line bearing 954'E, thence south• easterly a distance of four hundred sixty-two feet (462') along a line bearing S45'E, thence southeast erly a distance of eight hundred eight and five tenths feet (808.5') along a line bearing S50'307. thence southeasterly a distance of one hundred sixty-five feet (165') along a line bearing S41'30'E, thence east to the Boundary Line between the State of Iowa and the State of Wisconsin, thence north- erly along said Boundary Line to the point of its intersection with the eastward projection of the south line of the N% of Section 26 T90N R2F, of the 5th P.M., thence west along the projected line of the south line of the N% Of Section 26 to the southeast cor- ner of the Nie of Section 26, thence west along the south line Of the N% of Section 28 to the southwest corner of the N% of Section 26, thence south along the Section line between Section 26 and Section 27, both in T90N R2E of the 5th P M., thence east east corner of Section 34 T90N R2E of the 5th P.M., thence south along the section Line betv.,eer Section 34 and Scetion 35, Lott n T90N R2E of the 5th P.M. to .he north line of Section 3 T89N UE of the 5th P.M., thence east nlnng the north line of S^etion 3 o the northwest corner of Sec. ion 2 T89N R2E of the 5th P.M.. [hence south along the Section Line betwen Section 2 and Sec- tion 3, both in T89N R2E of the 5th P.M. to the southwest corner of Lot 17 in the NW?/4 of Section 2 T89N R2E of the 5th P.M., thence east along the south line of Lot 17 in the NW% of Section 2 to the northwest corner of Lot 18 in the NWi'4 of Section 2, thence south- easterly along the west line of Lot 18 in the NW% of Section 2 to the northwest corner of Lot 22 of Section 2 T89N R2E of the 5th P.M., thence southeasterly along the west line of Lot 22 of Section 2 to the northwest corner of Lot 2 of Lot 28 of Section 2 T89N R2E of the 5th P.M., thence southeast. erly a distance of seven hundred eight and eighty-four hundredths feet (70884') along the west lines of Lot 2 of Lot 28 in Section 2 and of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 23 in Section 2 to the southwest cor- ner of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 28 in Section 2. thence west- erly a distance of six feet (6') along a line bearing S86'30'µ', thence southwesterly, a distance of tine hundred twenty-seven and seven tenths fret (227.7') along a line bearing S35'30'W, thence south- easterly a distance of three hun- dred tv enty-three and four tenths feet (323 4') along a line bearing S27'E, thence southeasterly a dis- tance of two hundred eighty and line bearing S67'E, thence n north- easterly a distance of appo ely one hundred ten feet (110'''=) along a line bearing N68'E to the s Guth fine of Lot 11 Of Block 2 of the Breiner Subdivision in thence 2 T89N R2E of thection e 5t th P.M., southeasterly alons line of Block 2 of the Breiner Sub- division in Section 2 to its inter. section with the northwesterly line of the Right-of--umberf state Three of Iowa llighwaY . 386), hundred EightySnx (No' line of thence southerly along point where said Right -cif -µay to ly said line intersectWethe norinerof projection of the westerly 486 Special Session, October 8, 1969 Lot 2 of Lot 2 of Lot 5 of the NW N of Section 11 T89N R2E of the 5th P.M., thence southerly along said projection of the west- erly line of Lot 2 of Lot 2 of Lot 5 of the NW'/4 of Section 11 to the northwest corner of Lot 2 of Lot 2 of Lot 5 of the NWY4 of Section 11, thence southerly a distance of two hundred eight and seven tenths feet (208.7') along the westerly line of Lot 2 of Lot 2 of Lot 5 of the NWl/4 of Section 11 to a point on the northwest corner of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place in Section 11 T89N R2E of the 5th P.M., thence east- erly along the northerly line of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place a dis- tance of three hundred sixty-three and five tenths feet (363.5') to the northeasterly corner of said Lot, thence southerly along the east- erly line of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place to the northeasterly corner of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place in Section 11 T89N R2E of the 5th P.M., thence southerly along the easterly line of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Northome Place to the southeasterly corner of said Lot, thence easterly along the north- erly line of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Northome Place in Section 11 T89N R2E of the 5th P.M. to the northeasterly corner of said Lot, thence southerly a distance of three hundred forty- five and two hundredths feet (345. 02') in a direct course to the north- easterly corner of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Northome Place in Section 11 T89N R2E of the 5th P.M., thence westerly a distance of seven hundred thirty- seven and ninety-eight hundredths feet (737.98') along the northerly line of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot i of Lot 1 of Lot 1 of Northome Place in Sec. tion 11 to the northwesterly cor- ner of said Lot, thence westerly a distance of fifty feet (50') along the northerly line of Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Northome Place in Section 11 to the easterly line of the Right -of -Way of United States Highway Number Fifty -Two (No. 52) and State of Iowa Highway Number Three (No. 3), thence southerly along the easterly line of the Right -of -Way of said Highway to the intersection of said Right -of - Way line with the south line of the N% of Section 11 T89N R2E of the 5th P.M., thence westerly along the south line of the NL4, of Section 11 to the southwest corner of the N% of Section 11, thence south along the Section Line between Section 10 and Section 11, both in T89N R2E of the 5th P.M. to the northwest corner of Section 14 T89N R2E of the 5th P.M. being the point of beginning. "in Resolu. tion No. 196-69, passed, adopted and approved by the City Council of the City of Dubuque, Iowa, on the 7th day of August, 1969, be approved?" WHEREAS the result of such canvass was found to be as fol. lows: YES 5.354 — NO 10,919 — DE- FECTIVE 192 — TOTAL 16,465. WHEREAS is appears from such canvass that such annexation as proposed and voted upon was de- feated by a majority of those voting thereon: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council accepts the result of said election as the official expression of the will of the people of the City of Dubuque on the issue of annexa- tion of the above described area. Passed, adopted and approved this 8th day of October, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilmen McCauley moved ad- option of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman Special Session, October 8, 1969 487 October 6, 1969 Nays — None. Hon. Mayor & City Council Absent — Councilman Couch. re: Mrs. Charles Clayton man. Gentlemen: Petition of G. A. McCoy request. On August 25, 1969, Mrs. Charles ing a refund of $20. on a Trans - Clayton of 607 Rhomberg Avenue ient Merchant City License #243 this cit)•, filed claim against the for an antique show which was to City of Dubuque for damages al- be held but subsequently cancelled legedly suffered to her motor ve- presented and read. Councilman hicle on August 22, 1969, when Schultz moved that the petition leaving her parking spot at or be granted and the Auditor instruc. near 2128 Knicst Street, Dubuque, ted to issue proper warrant. Sec- Iowa, she drove over a manhole onded by Mayor Pregler. Carried cover v hich allegedly was loose by the following vote: and caused said damages to her Yeas — Mayor Pregler, Council. vehicle. men Meyers, McCauley. Schultz. I have conferred with the claim- Nays — None. ant and have made an investiga• Absent — Councilman Couch - tion of this matter and have found man. that the claimant damaged the Petition of Mike Husmann et al right fender. the right hand (43 signatures) requesting a traf- front door and the chrome strip fic control device at the intersec- on her auto, and said claimant tion of Algona and University Ave- has made an offer of settlement nue, presented and read. Council - of her claim in the amount of man Meyers moped that the peti- $83.83. It is the recommendation tion be referred to the City Man - of the City Attorney that said ager and staff. Seconded by offer of settlement be accepted Mayor Pregler. Carried by the fol- and that the City Auditor be in- lowing vote: Oructed to draw a warrant pay- Yeas — Mayor Pregler, Council - able to Mrs. Charles Clayton in the men Meyers, McCauley, Schultz. amount of $83.83 and trasmit Nays — None. same to the City Attorney for de- Absent — Councilman Couch• livery upon receipt of duly exe- man. cuted release. There being no further business Original Claim is returned here- Councilman McCauley moved to with, adjourn. Seconded by Councilman Respectfully submitted Schultz. Carried by the following R. N. Russo vote: City Attorney Yeas — Mayor Pregler, Council. Councilman Schultz moved ap- men Meyers, McCauley, Schultz, proval of the recommendation. Nays — None. Seconded by Councilman McCauley Absent — Councilman Couch - Carried by the following vote: man. Yeas — Mayor Pregler, Council. Leo Frommelt C men Meyers, McCauley, Schultz. City Clerk Kays -- None. Approved FQhr ar.y 161970. Absent — Councilman Couch ..... man. 1: bruar .••,1E.,1970. Petition of Albert Brandt et at Adopted -.Q.•••••• ••••••• (18 sit*ners) objecting to the de Q lapidated rendition of a structure7_ lorated at 2621 Fulton Street and described as I.ot 36 in William , Rebman Subdivision, presented ( and read. Mayor Pregler moved that the petition he referred to the City Manager for investigation and report. Seconded by Council• t c man Schultz. Carried by the fol- ` ... e ... . f :ounc men lowing vote: r Yeas -- Mayor Pregler, Council- i men Couchman, Meyers, McCauley, Atte ....ty Schultz. City Clerk k. ,J 4SS Special Session, October 15, 1969 CITY COUNCIL OFFICIAL Special Session, October 1S, 1969 Council met at 4:30 P.M. (D.S.T.) Present — Mayor Pregler, Council- men Meyers, McCauley, Schultz. City Manager Gilbert D. Chave- nelle. Absent—Councilman Couchman (out of city) Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Adopt- ing and Approving the Execution of Acceptance of a Grant Offer Frcm F. A. A. for the purpose of obtaining Federal Aid in the De- velopment of the Airport in the amount of $126,718 and acting up- on such other business as my prop- erly come before a regular meet- ing of the City Council. October 10, 1969 To the Honorable Mayor and City Council Gentlemen: The petition of Lois Morarend for a street light at 16th and Cedar has been investigated by the electrical inspector. It is recommended that a 175 watt mercury vapor light be in- stalled on Cedar Street in the vi- cinity of 1533 Cedar. Respectf ully, Gilbert D. Chaveneile City Manager Councilman Meyers moved ap- proval of the recommendation. Sec. cnded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Pregler, Council. men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. October 14, 1%9 To the Honorable Mayor and Members of the City Council Gentlemen: Attached hereto are the list of Judges and clerks who will be in charge of the Election Registers at the polls for both the Primary Election October 21, 1969 and the General Election November 4, 1969 May we request approval of the lists. Respectfully submitted, Leo F. Frommelt City Clerk Councilman Schultz moved ap- proval of the lists. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council. men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. Notice of claim of Edward G. S-hulz, in the amount of $200., for car damage incurred as the result of a fallen dead elm tree limb on October 9, 1969, while said car was parked at his home at 429 Clark Street, presented and read. Councilman Meyers moved that the notice of claim be refer- red to the City Solicitor for in- vestigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. Notice of Mary T. Hendricks of 1311 N. Grandview Ave., in the amount of $140.86, for car dam- age incurred as the result of strik- ing a rock while driving on 4th Street Extension on October 3, 1969, presented and read. Council- man Meyers moved that the notice of claim be referred to the City Sclicitor for investigation and re- p rt. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. ORDINANCE NO. 38-69 An Ordinance Authorizing Fischer Investment Company, Dubuque, Iowa to construct a Planter and Umbrellas at City Lot S. 13' 3" of 75A and City Lot 76 - N. W. Corner 2nd & Main St. presented and read. Councilman McCauley moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. .--a Special Session, October 15, 1969 989 Absent -- Councilman Couch- man. Councilman McCauley moved that the rule requiring an Ordin- ailce to be read on three seperate days be Waived. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yens — Mayor Pregler, Council men Meyers. McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. ORDINANCE NO. as -s, An Ordinance authorizing Fischer In- vestment Company, Dubuoue Iowa to construct a Planter and umbrellas of C)b Lot S. 13' 3" M 75A and city 101 7"'W. corner 2nd & Malas St. Be it Ordained By The City Council Of The City of Dubuque, Iowa. Section I. That Fischer InvestmMt Com- panv as owners of the premises known as 731 Main Street In the City of Dubuoue be, and they are hereby granted the re- vocable license and authority to con- struct and maintain a planter with I'll i4) Fl" Glass umbrfilas—a I. clear InCe above sidewalk. Two umbrellas on Yti trot' o•2 four umbrellas on 2nd ,hax%% % Ay, +tfachid blue Print under the terms nJ conditions set forth in this Ordinance. Section 2. That such construction %hail be done In accordance with plans heroic)- We eroto-bre submitted by Parmlttees and aPPrOv ad by City Manager, under fine super- vision and direction of the City Manoger. and in aCCOrdahce with all applicable state and faderai laws end regulations, and ted Ordinances of Me CIM of Du - bud". Section 3. That the Permission herein granted Is expressly conditioned on per. mirtees agreement to: si Assume any and all liability Mr dam sets to Fersons or Property which may result from the existence, con- struction Or maintenance of said Plant- er and umbra fes. b) To pay on behalf of the City of pu bu0ue all sums which the City of u Wave shall become obligated to pay by reason of the liability Ihl PJsed upon the Cif r of Dubugvo for dam sees of any kind resulting from the ex- 1slence, construction Or maintenance of said planter and umbrellas sustained by any Person or Persons. Caused by ac Cldent or otherwise, to delend at Ids Own expense and on behalf M sa!o City any claim against :he City Of Oubuque arising out of the existence. Construction or maintenance of planter and umbrellas. C) To Indemnity and hold City of Du- buoue tree and harmless from any and Jill Claims, loss. liability and expense for iniurie% to third persons or dam- ages to propertyof third Persons, Or for damage to env Property of City of Dubuoue which may occur as t result of or In confWtion with the Construction, maintenance and repair of the facility, work or Improvement Permitted heroin. SOCIA 4. That the permission herein granted Is expressly conditioned upon Pertnittoes further •ppre•ment Mat should the right and privlloges herein grante0 W resCinded or revoked by the Clty Council, permittees, or their successors In Interest, as owners o1 the abutting Property, shall within thirty 00) days Oqmer recelpl of written notice from Me City Manager, So to do, of their own expense, remove sold planter and um, brell•s, and In the event of Meir failure w to do, the City of D u b u Q u e shall be authorlted to remove old yam•, sl permilloes expense and di%POH OI It's soma and the permitleee Malt have no claim against the City or Its agents for dsnlaoes resulting from the removal of said Sarno. SKtlon S. This Ordinance Mall br toms effaAlve and the rights hereundar KCryt 14 Fischer Investment CWTlP4nv when this Ordinance haswa swan adopted by tele C tr Counul and the t•rnls and Corldlllons thereof accevtad by Permit - fees by acceptance endorsed on this Ordi• nance. Passer' adopted and approved his ISM its, of 0" fiber A.D., 1%9, vvALrfER A. PREGLER, Mayor SYLVESTER MCCAULEY DONALD F. MEYERS Wiest. Leo F. Frommeit Councilmen CitC Clerk ACCEPTANCE OF ORDINANCE NO, Ai, The undKsloned having read and be. Ino familiar with Me terms and con. d" tions of Ordinance No. 3"9 hereby, fcr themselves, their suc-ceswrs Cr as- s.ons, as OMners Of Me abutting Proper ty, accept the same and agree to be bovnd by Me conditions and agreements therein Contained to be performed by Perminees. Dated October 13 1%9. FISCHER INVESTMENT CO., Owner By Claude J. March Published officially In The Telegraph. Herald Newsosoer this 20th day of Oo sober 1%1. LED F. FROMMELT it. 10/711 City Clerk Councilman McCauley moved final adoption of the Ordinance. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler. Council. men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. ORDINANCE N0. 39-69 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 W1,2 of Lot 13 of Lot 3 of M.L. 90; E. Iii of Lot 13 of Lot 3 of M. L. 90; Lot 14 of Let 3 of M.L. 90; Lot 15 of Lot 3 of M.L. 90; Lot 16 of Lot 3 of M.L. 90; Lot 2 of Lot 2 of lot 2 of Lot 17 of lot 3 of M.L. 90; Lot 1 of Lot 2 of Lot 2 of Lot 17 of Lot 3 of M.L.90;Lot 2ofLot 2 of Lot 18 of Lot3 of M.L.90; of Lot 1 of Lot 2 of Lot 18 of Lot 3 of M.L. 90; Lot 19 of Lot 3 of M.L. 90; Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of M.L. 90; Lot 1 of Lot 5 of Lot 1 of M.L.90; Lot 1 of Lot 5 of Lot 1 of 5, Lot 2 of 5, Lot 1 of Lot 1 of Lot 6, Lot 2 of 6, Lot 2 of 1 of Lot 6 of Block It In Hamblin subdivi- sion from "Multiple RESIDENCE DISTRICT CLASSIFICATION TO "SINGLE FAMILY RESIDENCE DISTRICT CLASSIFICATION, presented and read. Councilmanutihadrbencons moved that the reading ngls the first reading of the Ordinance Seconded by Mayor Pregler, rigid by the following vote: Yeas -- Mayor Pregler, Council' 1cn Meyers, McCauley. Schultz- Nays chult -Nays -- None. 490 Special Session, October 15, 1969 Absent — Councilman Couch- man. Councilman Meyers moved that the rule requiring an Ordinance to be read on three seperate days be waived. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. Councilman Meyers moved that a public hearing be held on the Ordinance on November 17, 1969, at 7:30 P.M. Central Standard 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 Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. ORDINANCE NO. 40.69 An Ordinance Amending and Changing Ordinance No. 3-34 Known as The Zoning Map and Zonnig Ordinance of the City of Dubuque So as to Change all of Block "C" and Block "D" and the following portion of Block "A" described as that portion of Lot 1 of Block A in "Highland" in the City of Dubuque, Iowa, from "Single Residence District" Classi- District" Classification to "Multi- ple Residence District' Classifica- tion. presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Pregler. Car. ried by the following vote: Yeas -- Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent ---- Councilman Couch- man. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council. men Meyers, McCauley, Schultz, Nays — None. Absent — Councilman Couch- man. Councilman Meyers moved that a public hearing be held on the Ordinance be held on November 17, 1969, at 7:30 P.M. Central Standard 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 required by law. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. Petition of Gamble Store, 545 Main Street, Harold Muntz, owner, requesting an additional thirty day license extension on "Going Out of Business Sale" From October 20, 1969, presented and read. Mayor Pregler moved that the petition be granted subject to ap. proval of the City Manager. Sec. onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. Petition of Peoples Natural Gas requesting permission to excavate at Loras and Main to cut two 3' x 15' and two 3' x 40' holes to re- place leaking mains, presented and read. Mayor Pregler moved that the petition be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. Petition of Peoples Natural Gas requesting permission to excavate in Clarke Drive near Foye Street to replace leaking gas main, pre- sented and read. Mayor Pregler moved that the petition be approv- ed. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent -- Councilman Couch- man. Slxcial Session, October 15, 1969 491 Petition of ,lames M. Plein re- Section 1. That the Cite of questing a refund of 5,50 on the Dubuque, lova, shall for the pur. unexpired portion of cigarette pose of obtaining federal aid in the license No. 53, as he has discon. development of the Dubuque Mu. tinued business on October 14, nicipal Airport, enter into a Grant Igo, presented and read. Mayor Agreement with the United States Pregler moved that the refund be of America by executing an ac - granted and the Auditor instruct- ceptance of a Grant Offer from ed to issue proper warrant. Sec. the Federal Aviation Administra- onded by Councilman Schultz. Car tion, acting for the United States rigid by the following vote: of America, to the City of Dubuque Yeas — Mayor Pregler. Council. and that such Grant Offer shall be men Meyers, McCauley, Schultz. set forth hereinbelow under Sec. Nays — None. tion 4. Absent — Councilman Couch- Section 2. The City of Dubuque, Man. Iowa. does hereby ratify and adopt Petition of Conrad Plumbing & all statements, representations, Heating Co. requesting permission warrants. covenants, and agree - to excavate in Dodge at Booth ments contained in the Project Street for water and sewage ser- Application and in the non-dis- vices for YM -YWCA facilities, crimination assurances incorpor- presented and read. Mayor Pregler ated in the said Grant Offer. moved that the petition be granted. Section 3. That the Airport Com - Seconded by Councilman Meyers. mission of the City of Dubuque Carried by the following vote: acting through its officer or offi- Yeas — Mayor Pregler, Council- eers designated by it to so act, men Meyers, McCauley, Schultz. hereby authorized and directed to Nays — None. execute the acceptance of said Grant Offer on behalf of the City Absent -- Councilman Couch. of Dubuque, Iowa. man. Section 4, That the Grant Offer ...Extract from the Minutes of a referred to hereinabove shall be Special Meeting of the City as follows. Council of the City of Dubuque, Iowa held on October 15, 1969. REFER TO THE RECORD FOR The follo%%ing Resolution was GRANT OFFER RESOLUTION NO. 350.69 introduced by Mayor Walter A. BE IT RESOLVED by the City Pregler, read in full and consid ered; seconded by Councilman Council of the City of Dubuque, Sylvester McCauley. On roll call Iovra, that the following having the vote was: complied with the provisions of law relating to the sale of Cigar. Yeas — Mayor Walter A. Preg- ettes within the City of Dubuque, ler, Councilmen Donald R. Meyers, Iowa, be granted a permit to sell Sylvester McCauley, Merlin F. Cigarettes and Cigarette Papers Schultz. Nays — None. within said City. Thomas A. Lindecker, John F. Absent _ Councilman Gaylord Kennedy and Asbury. M. Coo hnp; n. William Baker, 1064 University RESOLUTION NO. 349-69 Resolution Adopting and AP- Avenue. university of Dubuque, 2050 Uni- proving the Execution of an Ac- versily Avenue. Clarke ceptance of a Grant Offer From Clarke College, 1550 the Chief, Airports Division, Central Region of the Federal Drive. BE IT FURTHER RESOLVED Aviation Administration for the that the bonds be filed with the ap- United States of America to the l plication be approved. approved City of Dubuque, Iowa, for the passed adopted nod October, 1969. Purpose of Obtaining Federal this 15th day of Walter A. Pregler Aid in the Development of the Dubuque Municipal Airport,or ay McCauley Under Project No. 9.13.020.7011 Sylvester Merlin F. Schultz BE IT RESOLVED by the City Donald R. Meyers Council of the City of Dubuque, Councilmen Iowa; 492 Special Session, October 15, 1969 Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. There being no further business Councilman Meyers moved to ad- journ. Seconded by Mayor Pregler. Carried by the following vote. Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. Leo F. Frommelt City Clerk Adopted February 16 1970 Approved February 16 1970 City Clerk Special Session, October 22. 1969 493 CITY COUNCIL OFFICIAL Special Session, October 22, 1969. Council met at 4:30 P.M. (D.S.T.) Present — Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc. Cauley, Schultz. City Manager Gilbert D. Chavelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Sub- milting Canvass of the Results of the Primary Election held on October 21, 1969, and acting upon such other business as may prop- erly come before a regular meet- ing of the City Council. Proof of Publication, certified to by the Publisher, of Municipal Primary Election Ballot held on October 21, 1969, presented and read. Afayor Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, S(hultz. Nays -- None. October 22, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provis- ions of Chapter 363.24 of the 1966 Code of Iowa, on October 22, 1969, 1 made a public canvass of the election returns of the Municipal Primary Election held on October 21, 1969, and heretofore submit the report of the results of said canvass. In accordance with the provis- ions of said Chapter the follo %ing is a list of the nominees for all offices to be filled at the forth. coming Municipal General Eelec. tion to be held on November 4, 1969: I'OR COUNCILMEN FOR THE TERM COMMENCING THE SEC- OND SECULAR DAY OF JAN. VARY 1970 Wayne A. Moldenhauer — Nom. inated by Primary Election. Joseph J. Bitter — Nominated by Primary Election. Arthur M. Boardman — Nomi- nated by Primary Election. Roger B. Cox — Nominated by Primary Election. John L. Powers — Nominated by Primary Election. Walter A. Pregler — Nominated )y Primary Election. FOR PARR COMMISSIONER REGULAR TERM Robert J. Durbrow — Nominated by Primary mall petition Thomas G. Schrup — Nominated by Pritnary ye t it ion I. Leo F. Frommelt City Clerk of the City of Dubuque, Iowa, do hereby certify that on October 22, 1969, I publicly canvassed the re- turns of tire Municipal Primary Flection held on October 21, 1969, and find the following results: NOAIIATFD BY PRIMARY ELEC- TION FOR COUNCILMEN Wayne A. Moldenhauer, 6761 votes. Joseph J. Bitter 5836 votes Arthur M. Boardman 4307 votes. Roger B. Cox 3658 votes. John L. Powers 3646 votes. Walter A. Pregler 3390 votes. Total Number votes cast 9177. Respectfully submitted, Leo F. Frommelt City Clerk Vote of Municipal Primary Election October 21, 1969 For Councilman Special Session, October 22, 1969 495 Councilman Schultz moved that the canvass be received and made a matter of record. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --None. Communication of American he- gion expressing concern of the ap- parent permissiveness of the auth- orities of the City in dealing with a certain segment of youth in an effective but legal manner and offering their services to further the youth of the City on the road to a constructive life as good citi- zens, prseented and read. Mayor Pregler moved that the commuication be recieved and fil. ed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays — None. October 17, 1969 To the Honorable Mayor and City Council Gentlemen: A request has been received from Mrs. Frank P. Quinn for a street light on Samuel Street The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled on the southwest curve on the property line between 769 and 785 Samuel Street, Respectfully, Gilbert 1). 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 Pregler, Council- men Couchman Meyers, McCauley, Schultz. Nays — None. October 22, 1989 To the Honorable Mayor and City Council Gentlemen: I am enclosing a proposed con- tract from Interstate Power Com- pany for the supply of electricity to the Iowa Street Parking Ramp. The contract has been reviewed by the electrical inspector, and 1 request authority to sign the con- tract on behalf of the City subject to the approval of the City Solici. tor. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the City Manager be given authority to sign the contract on behalf of the City. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. October 20. 1969 To the Honorable Mayor and City Council Gentlemen: I submit for your consideration the Highway Maintenance Contract for July 1, 1969 to June 30, 1970. 1 request authority to sign the contract on behalf of the City. Respectfully, Gilbert D. Chavenelle City Manager councilman afeyers moved that the request be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. October 16, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer and Water Department, as well as a list of riaims for which warrants %\ ere drawn, for the month of Sep- tember, 1969. Respectfully, 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 Pregler, Council - ;nen Couchman, Meyers, McCauley, Schultz. Nays — None. May 23, 1969 lion. Mayor and City Council re Charles and Kristin Fisher Gentlemen: oil April 18, 1969, Charles T. and Kristin Fisher of7tileMayfir claim Court, Dubuque, 496 Special Session, October 22, 1969 against the City of Dubuque, Iowa for damages in the amount of $117.16 allegedly suffered on April 4, 1969 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on May 22, 1969 of no liability and in view of the foregoing, it is the rec- ommendation of the City Attorney that the claim of Mr. and Mrs. Charles Fisher be denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Y's Men's Club re- questing permission to sponsor a Halloween Parade on Thursday, October 30, 1969, presented and read. Mayor Pregler moved that the petition be approved and referred to the City Manager for coordina- tion. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers McCauley, Schultz. Nays — None. Petition of Arnold Van Etten, attorney, in behalf of Charles H. Cadigan, his client, requesting consideration of petition previous- ly presented relative to the vaca- tien and title to an alley described as Lot 6-A of 0. L. 724, presented and read. Mayor Pregler moved that the petition be referred to the City Solicitor for proper proceed- ings and also to the City Manager to negotiate a reasonable price. Seconded by Councilman Schultz. Carried by the following vote. Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Chamber of Com- merce requesting permission to conduct a Santa's Arrival Parade on November 24, 1969, presented and read. Mayor Pregler moved approval of the petition and that the same be referred to the Manager for coordination. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Mrs. A. R. Mescher requesting that the intersection at St. Ambrose and Rosedale be made a four way stop rather than the present two-way stop, present- ed and read. Councilman Meyers moved that the petition be refer- red to the City Manager and Traf- fic Department for investigation and report. Seconded by Council- man Couchman. Carried by the following vote: Yeas —, Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 351.69 WHEREAS, the Department of Housing and Urban Development has submitted request for pro- posals designated as Request for 1 ,roposals I1-2-70 for Municipal Information Systems, and WHEREAS, the City Council of City of Dubuque, Iowa deems it in tl,e best interests of the inhabitants of the City of Dubuque to submit proposals in response to the re- quest of the Department of Hous- ing and Urban Development. NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secti-n 1. That the City of Du- buque, Iowa does hereby respond to the request for proposals by committing itself to proposals as set out in Request for Proposal 11-2.70 for Municipal Information Systems. Section 2. That the Mayor and the City Clerk be and they are hereby auth-)rized and directed to execute said proposal for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he hereby is authorized and directed to submit said proposal to the Department of Housing and Urban Developemnt. Special Session, C Passed, approved and adopted this 22 day of October, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 352.69 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 Anthony A. & Bette O. Helling, 701 Dodge Street. CLASS "C" BEER PERMIT National Tea Company, 2013 Central Avenue. Nabors of Iowa, Inc 1990 Elm Street. Passed, adopted and approved this 22 day of October, 1969. Walter A Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad option of the resolution. Secondee by Mayor Pregler. Carried by th( following vote: Yeas -- Mayor Pregler, Council sten Couchman, Meyers, McCauley Schultz. Nays - None. ctober 22, 1W) 497o RESOLUTION N0, 353.69 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 the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Anthony A. & Bette 0. Helling, 701 Dodge Street. CLASS "C" BEER PERMIT National Tea Company, 2011 Central Avenue. Nabors of Iowa. Inc., 1990 Elm Street. BE IT FURTHER RESOLVED THAT the bonds filed by such ap- plicants be and the same are here - 1,y approved. Passed. adopted and approved this 22 day of October, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: I4eo F. Frommelt City Clerk Councilman Meyers in ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTIONNO.35 f69 or LA, WHEREAS, applications uor Permits have been submitted iteted to this Council for app the same have been examined, NOW THEREFORE BE SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant. ed and licenses issued upon the cumpliaa with CONTROLterms ACTt— IOWA LIQUOR as amended by CHAPTER 123 the 60th General Assembly, 1983. 498 Special Session, October 22, 1969. CLASS "B" MOTEL LICENSE Anthony A. & Bette 0. Helling, 701 Dodge Street. CLASS "C" COMMERCIAL ESTABLISHMENT Doris J. Tigges, 2776 Jackson Street. John F. Glynn, 760 East 16th Street Passed, adopted and approved this 22nd day of October, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 35569 WHEREAS, applications for Liq- our 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 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 "B" MOTEL LICENSE Anthony A. & Bette 0. Helling, 701 Dodge Street. CLASS "C" COMMERCIAL ESTABLISHMENT Doris .1. Tigges, 2776 Jackson Street. John F. Glynn, 760 East 16 Street Passed, adopted and approved this 22nd day of October, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. There being no further business Councilman Couchman moved to adjourn. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. ....Nays — None. Leo F. Frommelt City Clerk February 16 Approved ....................................1970 Adopted February 16, ......................................1970 ,..... .................................. City Clerk Regular Session, November 3, 1969 CITY COUNCIL OFFICIAL Regular Session November 3, 1969. Council met at 7:30 p.m. (C.S.T.) Present _. Mayor Pregler, Coun. cilmen Couchman, Meyers, Schultz, McCauley. City Manager Gilbert Chavenelle. iilayor Pregler 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 pro- perly come before the meeting. Mr. Dan Burds and Mr, Dan McQuiggin, members of Boy Scout Troop No. 7, presented the City Council with a City flag and a group picture of boy scouts that attended the 7th National Jam' boree at Farragut Park, Idaho. The City flag, felw over their camp site at the jamboree. Mayor Pregler received the pre sentation of the flag and picture on behalf of the Council and thanked the Scouts in his usual gracious manner for the interest and pride they had demonstrated in their hometown. Ordinance NO. 41.69 An ordinance vacating a portion of an alley known and described as Lot 6-A of the subdivision of out Lot 724 in the City of Dubu- que, Iowa, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays -- None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Mayor Pregler. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. Nays — None. 499 nNLt: VACA i'k'- A POR• TION OF AN ALLEY KN0A'N ANn OESCRIBED AS LO' 6•A OF TME TNESUISDiVITSY0OFOOUBU0J.E 0WA- IN writiMwRtE+etlrioieerltheHC y ICwnNls c Me City of Dubuque to vacate a portk,l of an aper known as Lot 4-A n! the Su'. division 01 Out Lot 724 in the City of Dubuque, low., and WHEREAS, the City En7'neer of Mr. City of Dubuque, Iowa has ;r-wmnohonl Mat said at be vecsted save the Cfly n0longer has any use for same, and WHEREAS, trx Cfly Council of the City of Dubuque, Iowa determines thal the vacation of said aliry shall serve the best pvblIc interesl; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That s portion of an alley 'known and descrlbe0 W Lot 6-A Of the Subdlvision of Out Lot 724 In the City of Dubuque, laws be and the same Is hereby vaeAfed. Section 2. That the City Cleric be and he Is hereby authorized and 4.rocted 10 file a cernfled copy of MIs ordinance in the office of the DubvWe County Recorder .rid in the office of the City Assessor. Section 3. That the City Clerk be and he is hereby authorized and dil'ected 10 publish notice of intent to dispost of real estate as Is by low provilM, Paned, approved and adopird this 3rd Oar ofWNovemtWrAL ER A. PNFGLER Malar MERLINTF. SCKULTZEY DONALD R. MEYERS LiAYLUND M. CUULHMAN Counc'.unen ATTEST: Leo F. Frommfat LOY Clerk published officially In The Telegraph Herald Newspaper MIS 7th day Of N;p vember, 1%e. Leo F. Fra'nmtn City Gere Councilman Couchman moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. Nays --- None. RESOLUTION NO. 356.69 WHEREAS, Charles H. Cadigan has petitioned the City Council for the vacation of an alley known and described as Lot &A of the Subdivision of Out Lot 724 in the City of Dubuque, Iowa, and WHEREAS, said portion of alley as hereinabove described has heretofore been vacatedby e City Council of the City o f Dubu* que, Iowa, and WHEREAS, the above named Charles H. Cadigan has offered o 2 purchase said Lot 6-A f in the Iowa, division of Out Lot 7 , for the City of Dubuque, sum of $25.00, and WHEREAS. said offer to chase said vacated alley by the above named Charles arles H. Cadigan should be accepted. NOW THEREFORE COUNCIL SOLVED BY THE 500 Regular Session, November 3, 1969 OF THE CITY OF DUBUQUE, IOWA: Section 1. That the offer to pur- chase vacated portion of an alley known and described as Lot 6-A of the Subdivision of Out Lot 724 in the City of Dubuque, Iowa by Charles H. Cadigan for the sum $2S.00 be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notices of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. September 18, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a final plat of the Subdivision of Lot 2 of 1 of 2 of 2 of 2 of 2 of 2 of the Northeast Y4 of the North- east 1/4 of Section 28, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Iowa. The Commission has found that the plats meets the minimum requirement of the Subdivision Regulations and that it is an ap- propriate design for the area. "Stoneman Road," which is a part of this plat, is intended to serve as an access road to the property lying north of it. It was the opinion of the Commission that if access to this road from the shopping center is permitted it would create traffic problems, at the intersection of "Stoneman Road" and Kennedy Road. It is the recommendation of the Planning and Zoning Commission that this plat be approved and that no access to it from the shopping center be permitted. Respectfully submitted, Planning and Zoning Commission Don Gilson City Planner Mayor Pregler moved approval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. RESOLUTION NO. 357.69 RESOLUTION Approving Plat of the Subdivision of Lot 2 of 1.2.2.2.2.2•NE — NEIA of Sec- tion 28, T 89 N, R 2 E of the 5th P.M. in the City of Dubuque, Iowa WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of 1-2-2-2-2.2-NEt/4 — NE 1/4 of Section 28, T 89 N, R 2 E of the 5th P.M. in the City of Dubuque, Iowa, is platted as Lot 1 of 2 of 1 of 2 of 2 of 2 of 2 of 2 and Lot 2of2of I of 2 of 2 of 2 of 2 of 2 of 2 of the NEI/4of the NEY4 of Section 28, T 89 N, R 2 E of the 5th P.M. in the City of Dubuque, Iowa; and, WHEREAS said plat has been examined by the Dubuque Plan- ing & Zoning Commission and had its approval endorsed there- on; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statues and Ordinances relat- ing thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUN- CIL 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 hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Regular Session, November 3, 1969 501 Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. Nays — None. RESOLUTION NO. 35W NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agree- ment dated the 13th of October, 1969 with Illinois Central Railroad Company, a copy of which Agree- ment is attached, for granting the license to City of Dubuque, Iowa by the Illinois Central Railroad Company for the construction and maintenance of a sanitary sewer pipeline by the City of Dubuque and that a certified copy of this Resolution be transmitted to the Illinois Central Railroad Company. Passed, approved and adopted this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: I.eo F. Frommelt City Clerk I, Leo F. Frommelt, Clerk of the City of Dubuque, Iowa do here- by certify the foregoingat Rebel a true and correct copy of Resolu- tion adopted by the City Council of the City of Dubuque, Iowa at a meeting on the 3rd day of November, 1969 that said Re6olu- tion is still in effect; that the Agreement referred to therein, attached thereto, is in the form executed. WITNESS the seal of the said City of Dubuque, Iowa and my signature this 3rd day of Novem- ber, 1969. Leo F, Frommelt City Clerk Mayor Pregler moved adoption of the resolution. i Seconded by Councilman Mc. Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc. Cauley, c- Cauley, Schultz. Nays — None. RESOLUTION NO. 359.69 WHEREAS, Allan R. Kingsley, an inhabitant of the city of Dubu- que, Iowa for many years, died on the 7th day of October, 1989, and WHEREAS, for six years prior to his death the said Allan R. Kingsley served the inhabitants of this community, as well as the visitors to this community, as a member of the Park Board of the City of Dubuque, Iowa, and WHEREAS, while as a member of the Dubuque Park Board, be richly contributed to the develop- ment and beautification of the park system of this community, and WHEREAS, it is fitting and proper that the passing of Allan R. Kingsley from this earthly scene be appropriately marked and remembered by his fellow public servants and his fellow citi- zens; NOW THEREFORE BE IT RE- SOLVED By THE CITY COUNCEL OF THE CITY OF DUBUQUE' IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby officially expresses its sadness and regret at the passing of Allan R. Kingsley, a loyal and creative public servant, and that recognition of his contribution to- ward development and enhance- ment of the comm n ty lifde ae of ffathis city be officially ter of record. Sadlon Z. That a certified copy of this Resolution be e r nsmvit ed to his beloved Po sng him. Passed, approved and adopted this 3rd day of November, 1969. Walter A. pregler Mayor Sylvesterauley Merlin F. Sc hultz Donald R. Meyers Gaylordman nc lmen Co Attest: Frommelt Leo F. Fr City Clerk 502 Regular Session, November 3, 1969 Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, M c - Cauley, 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 John F. Kennedy Road Sanitary Sewer 1969 from Kaufmann Avenue northerly to Old Timers Athletic & Supper Club Place Project No. 1, present- ed and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at t)e time set for the public hear- ing. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity for construction of the John F. Ken- nedy Road Sanitary Sewer 1969. were mailed by certified mail on October 3, 1969 to property own- ers of record subject to assess- ment, presented and read. Councilman Meyers moved that the statement be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Decision of Council upon ob- (ections to plans, specifications, form of contract and cost of im- provements RESOLUTION NO. 360.69 WHEREAS, proposed plans and specifications and form of contract fir the construction of the: John F. Kennedy Road — Sanitary Sewer, 1969 from Kaufmann Av nue northerly to Old Timers Athle- tic & Supper Club Place, Project No. 1 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, 1950, 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 bF-ing this 3rd day of Novem- ber, 1969; and WHEREAS, the City Council met in regular session this 3rd day of November, 1969, at 7:30 p.m. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all obj"tions 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 opport- unity to be heard and all object- ions which have been duly weighed and considered; n o w therefore BE IT RESOLVED by the City C,>uncil of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract fir or cost of said improvement herein des- cribed 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 Fi1RTHFR 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 re- cord in connection with said im- provement. Passed, adopted and approved this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk .. ..-Am J Regular Session, November 3, 1989 503 Mayor Pregler moved adoption tante provided by lain and in an of the resolution. amount not to exceed the amount Seconded by Councilman Mc- provided by la% •, property will be Cauley. assessed whether the same abuts Carried by the following vote: thereon or is adjacent thereto Yeas — Mayor Pregler, Council- according to area and in prop r- men Couchman, Meyers, M c - tion to the special benefits con. Cauley, Schultz. ferred thereby, and any deficiency Nays -- None. shall be paid out of sewer funds, Sewer bands shall be issued and (Necessity for Improvement) sold in anticipation of deferred RESOLUTION NO. 313.69 payments of assessments when a WHEREAS, proposed plans, contract has been performed and specifications, form of contract, accepted and the proceeds thereof plat and schedule have been duly used to pay the contrar-tor. The prepared and approved by the City railway portion of any street or Council of the City of Dubuque assessment district shall be asses - and are now on file in the office sed to and paid by the railway of the City Clerk showing among company. other things the following: The above resolution was intro - 1. The size and kind of sewers, duced, approved and ordered plac- 2. Each lot proposed to be asses- ed on file with the City Clerk this aed together with a valuation 22nd day of September, 1969. fixed by the Council. Record of Final Adoption, 3. An estimate of the cost of the The forerming resolution was proposed improvement, %tatinp finally passed and adopted, as pro - the same for each different by the Citv Council this type of construction and kind 3rd day of Nlvember, 1969. of material to be used. Walter A. Pregler 4. In each case the amount there- Mayor of which is estimated to be SvIvester McCauley assessed against each lot, for Merlin F. Schultz the construction of the: Donald R. Meyers John F. Kennedy Road -- Sani- Gaylord Couchman Councilmen tory Sewer, 1969 from Kaufmann Ave. northerly to Old Timers Atheltic & Supper Club — Project Attest: Leo F. Frommelt No. 1 City Clerk BF IT THEREFORE RESOLV- Mayor Pregler moved adoption ED that the City Council on its upon of (,f the reseilution. Seconded by Councilman Me - own motion or petition property owners, deems it advis- Cauley. by the following vote: able and necessary for the public Carried Council - Freeler, Council- welfare. to make the herein men tioned improvement, and unless Yeas —Mayor men Coachman, Meyers, M c . property owners at the time of the Cauley, Schultz. final consideration of this propos- Nays — None. ed resolution have on file with the forderinq Construction) City Clerk objections to the a- RESOLUTION N0. 161.69 mount of the proposed assess ments, they shall be deemed to BE IT RF.SOI.VEII BY T1iF have waived all objections there- CITY BJJQJT thlat pursuant to a re - to. Said improvement shall be con- duly passed .which of necessity o by l this strutted and done in accordance which way Council. the construction with the plans and specifications which have been prepared there Kennedy Road trio Soni• John F. Kennedy Sewer 1 969, om Kallfmann for by the City Engineer which tars )1d Timers Ath- have been approved by the Citi Council and are now on file with Ave. northerly letic & Supp Club Place — Pro - the City Clerk. That the cost and iect No. I order - be and the . an are hereby cf expense omaking said improve. ment will be assessed upon and f a nncit 'townemoti n d bv andCwith against all privately owned p without the p etition of property perty lying within assessable dis- nr SSS Regular Session. November 3. 1969 owners. All the work shall be con. structed 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 ]eyeing 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, accord- ing to the area thereof and in proportion to the special benefits conferred, and any deficiency- will be paid out of the sewer funds of the city. Payment will be made to the contractor out of funds reaTzed from tht, sale of sewer bonds to be issued in anticipation of deferred payments of assess. ments provided by law after the work has been completed and ac- eepted by the Citv Council. BE TT 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 .hall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution heing deemed urgent and of immediate neces. city shall be in force and effet•t from and after its pasage and after its passage and adoption b. the Cin Council. Passed. adopted and approved this 3rd da% of November. 1469 Walter A PreMer Mayor S.?rester mccaule. Merlin F. Schultz* Donald R. Meyer, Gaylord Couchman Councilmen Attest. Leo F Frommelt City Clerk Mazar Pregier mnved adoption of the resnlution Seconded b` Councilman Couch. man. Carried b% the following vote Yeas — Mayo* Pre_ler. Counci! mer: Couchman. McYeN llf c Caines Schutt:. Nays — NW* Proof of Publication, certified to by the Publisher, of notice of time and place of hearing to dispose of interest in Lot 1 of Lot 1 of Block 3 Riverfront Subdivision No. 2 to Art Pape Tranfer Co. pre- sented and read. No written objectinnv were filed and no oral objectors were present al, the time set for the public hearing. Councilman Meyers moved that the praof of publication be receiv. ed and filed. Seconded by Councilman Mc- Cauley. Carried by the followinc vote: yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. RESOLUTION NO. 362.69 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- lished in the City of Dubuque. Iowa on October 6. 1969 and O! -to - her 13. 1.469, City Council of Du. buque, Iowa met on the 3rd day of November, 1966 at 7:30 o'clock P.M. Central Standard Time, in the Citv Council Chamtwr. City Hall. Dubuque, Iowa. to consider the proposal to dispase of interest Of the City of Dubuque to Jot 1 of Lot 1 of Block 3 "Riverfront Subdivision Na. 2" in the City of Dubuque. Iowa. accirding to the recorded plats ihereaf, subject to ea:.ement of record to ART PAPE TRaN'-,FER. a sole proprietorship. a k a Art Pape Transfer Co. own- ed b Arthur J. Pape, d b a Art Pape Transfer Co. and WHEREAS. City Council of Du- huque. Iowa. overruled an• and »ll objections oral or written. to the proposal to dispose of interest of City of Dubuque, Iowa, in the ah"ve described real estate to ART PAPE TRANSFER a s o 1 e Proprietorship. a k a Art Pape Tran-sfer Co owned by Arthur J. Pape. d h a Art Pape Transfer Co, and \(')W THF:R rORF. BE TT RF- SO1 Nm R!- THIS. M! CorwIL OF THE CITY OF DI'BI-QIM, 101V A S*eion I. That the disposal of tnteres: of Ctt of Dubuque Iowh ,r: real e -state to ART PAPE Regular Session, November 3, 1969 505 TRANSFER CO. covering the lative to that firm's utility following described real estate, to- ea.ement in the area. wit: Section 2. That the City Clerk Lot i of Lot 1 of Block 3 "Raver- be and he is hereby authorized front Subdivision No. 2" in the and directed to deliver the said City of Dubuque. Iowa, accord- deed of conveyance to Art Pape ing to the recorded plats there- Transfer of Dubuque, Iowa upon of, subject to easements of receipt of the purchase price of record twenty cents ($ .20) per square foot for the purchase price of twenty for approximately 42,200 square cents ($ .20) per square foot, for feet. approximately 42.200 square feet, Section 3. That Art Pape Trans - be and the same is hereby ap. fer Co. and Art Pape Transfer, a proved, subject to the following sole proprietorship, owned and terms and conditions, to -wit: operated by Arthur J. Pape is one (A) That the said real estate be and the same person. Section 4. That the City Clerk sold to the Art Pape Transfer be and he is hereby authorized of Dubuque, Iowa for the con- and directed to record a certified struction of a buildings to ex- pand it business all of which ropy of this Resolution in the of - real estate contains approxi- fice of the Dubuque County Re - mately 42,000 square feet. corder. Passed. approved and adopted (B) That the sale price for said this 3rd day of November, 1969. real estate shall be twenty Walter Pregler cents ( .20) per square foot. Mayoo r for a total price of $8,448.00. ten per cent whereof is paid Sylvester McCauley down, and receipt thereof i Merlin F. Schultz Donald R. Meyers acknowledged. Gaylord Couchman (C) That Art Pape Transfer agrees Councilmen to become a part-owner in the private sewer company formed Attest: Leo F. Frommelt by the other lot owners on East 12th Street and that Art City Clerk Pape Transfer agrees to abide Councilman Couchman moved by the decision of the majori :cdoption of the resolution. ty of these lot owners, and Seconded by Councilman Schu- that Art Pape pay a repre- sentative and equitable share ltz. Carried by the following vote: of installation of said sewer Yeas — MayorPregler, Council - which serves the property be- men Couchman, Meyers, M c, ing sold. Cauley, Schultz. (D) That the Art Pape Transfer Nays — None. shall take the real estate sub. October 7, 1969 ject to existing easements and To the Honorable Mayor easements of record. and City Council (E) That construction of buildings and other facilities be com- Gentlemen: Your staff requested that your menced within one year of honorable body approve the attach- date of purchase, and com nt ed resolution tatin pleted within two years of "B" for road purposes leo leof same date, otherwise owner. Lot 2 of Lot 1 1 of ot22 ship of said land shall revert N.W. s N E Lot to the City of Dubuque, Iowa of three (3) in to up and the purchase price, less damages, shall be refunded order the Bies parcelStreets of rel ear that are land locked. to the buyer. (F) That of plant and area This property was subdivided to theCity construction ancillary improvements shall a% oft Dubuque to annexation was be in conformity with existing plat but the County codes and easements of the shown on Board of Supervisors never is to dedicated City of Dubuque, Iowa. (G) That Art Pape Transfer work lished and formally t "B" out a private a(reement with Easement as partSle Thence, County Road Sy. Interstate Power Company re- I buyue 506 Regular Session, November 3, 1969 fore, upon annexation this strip of property was not annexed as a street even though three houses face this Easement "B". I, therefore, request your honor- able body to accept and dedicate Easement "B" for road purposes in Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of N.W.1/4 — N.E.'/4. Section 28 as a street and so named Kebbie Drive. Respectfully submitted. Gilbert Chavenelle City Manager Councilman Couchman moved approval of request. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. RESOLUTION NO. 363.69 RESOLUTION Approving Plat of Easement "B" for Roadway Purposes in Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of NWIA of NEI/4, Section 28 T89N, R2E of 5 P.M. (except N 253.8' - E. 50 of Lot 2 of Lot 1 of Lot 1 of Lot 2). WHEREAS, there is presently on file in the office of the Dubuque County Recorder in Book 27, Page 175 a plat of: Easement "B' be°ng in Lot 1 of Lot 2 of Lot 1 of Let 1 of Lot 2 of NWIA of NE1/4, Section 28 T89N., R2E of 5 P.M. (except N. 253.8' - E. 50 of Lot 2 of Lot 1 of Lot 1 of Lot 2), is designated as for road purposes; and, WHEREAS, said plat 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 here- by authorized and directed to en- dorse the approval of the City up. on said Easement Agreement. Sectit•n 2. That the dedication of Easement "B" for road pur- poses together with the easements for public utilities as the same ap- pear upon said plat, be and the same are hereby accepted. w. Passed, adopted and approved this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays —None. ORDINANCE NO. 42.69 An Ordinance Naming Easement "B" for Road Purposes in Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of NWI/4 of NEIA Section 28 T. 89 N. R. 2 E. of 5 P.M. Which is a Track of Ground 50 Feet Wide and 300 Feet Long Lying 300 Feet East of Bies Drive and Running North of Daniels Street, presented and read. Councilmna Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, S^hultz. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. ORDINANCE NO. 42.69 An Ordinance naming Easement "B" for roadpurposes In Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of N.W.%-N.E. Vi -Section 28. T -89N., R. 2E of 5 P.M. which Is a track of ground 50 feet wide and 300 feet long lying 300 feet east of Bies Drive and running north off of Daniels Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA - SECTION 1. That the unnamed Ease- ment "B" for road purposes as same appears upon a plat adopted and ap- proved by Resolution No. 363.69 on No. vember 3, 1969, shall hereafter be known as "KEBBIE DRIVE." -11111r, ._j Regular Session, November 3, 1969 507 passed, adopted and approved this 3rd day of November. A.D., 1969, WALTER A. PREGLER Mayor SYLVESTER MCCAULEY MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN Councilmen ArrEST: Leo F. Frommelt City Clerk published officially In the Telegraph. Herald Newspaper this 7th day of No. vember, 1969. Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Proof of Publication of Legal notice of hearing to authorize pro- posed agreements between the City and Developers of certain parcels of real estate located in the Down- town Urban Renewal Project Iowa R-15 relative to Abeln Abstract Co., Canfield Hotel Inc., Fischer & Company Inc. and Andrew and Gust Karigan, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for public hearing. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 364.69 Authorizing The Execution of a Contract for Sale of Land For Private Redevelopment With Canfield Hotel, Inc. WHEREAS, pursuant to Resolu- tion No. 333-69 dated September 29, 1969 and a Notice of Public Hearing published in the Tele- graph -Herald, a newspaper of gen- eral circulation in the City of Du- buque, Iowa, on October 3, 1969, and October 10, 1969, City Council met on the third day of November, 1969, at 7:30 o'clock P.M., Central Standard Time, in City Council Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispobe of the interest of the City of Dubuque to the Reuse Parcel 3 of Block 1 and the westerly 65' of the southerly 130' of Reuse Par. cel 1 of Block 1 in the Downtown Urban Renewal Project, Iowa R-15, to Canfield Hotel, Inc.; and WHEREAS, pursuant to said res- olution a copy of the Redevelop- er's Statement for Public Disclos- ure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was place on file in the Offic of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of said in- terest of the City of Dubuque in the above described real estate to Canfield Hotel, Inc.; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to enter into a Contract for Sale of Land and Private Re- development in accordance with the terms of the Disposition Docu- ments governing such sale with Canfield Hotel, Inc. for the real estate known as Reuse Parcel 3 of Block I and the Westerly 65' of the Southerly 130' of Reuse Parcel 1 of Block I in the Downtown Ur- ban Renewal Project, Iowa R-15, containing 12,252 square feet, sub- ject to survey. Section 2. That said Reuse Par. cel 3 of Block 1 shall be sold for $2.69 per square foot or a total purchase price of $10,228.46 and that said westerly 65' of the south• erly 130' of Reuse Parcel I of Block 1 shall be sold for $2.50 per square foot or a total purchase price of t sur- vey of the land to t obeconveyed, Section 3. That the City Manager be and he is hereby orhorized cause and directed to prepare to be prepared for action Dubuque t'ouncil of the City of the following described items and any other items necessary to con* sumate the transaction: u. The closing and evacation 811ey f all existing 508 Regular Session, November 3, 1969 and other public rights-of- way within or abutting on the parcel. b. The replatting and resubdi- vision of the parcel. c. The rezoning of the parcel. Passed, approved and adopted this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 365-69 Authorizing the Execution of a Contract for Sale of Land for Private Redevelopment with Abeln Abstract Company. WHEREAS, pursuant to Resolu- tion No. 335-69 dated September 29, 1969, and a Notice of Public Hearing published in the Tele- graph -Herald, a newspaper of gen- eral circulation in the City of Du- buque, Iowa, on October 3, 1969, and October 10, 1969, City Council met on the third day of November, 1969, at 7:30 o'clock P.M., Central Time, in City Council Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of the interest of the City of Dubuque to the westerly 74' of the Southerly 79' of Reuse Parcel 1 of Block 3 in the Downtown Ur- ban Renewal Project, Iowa R-15, to Abeln Abstract Company; and WHEREAS, pursuant to said res- olution a copy of the Redeveloper's Statement for Public Disclosure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was placed on file in the Office of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of said in. L_ terest of the City of Dubuque in the above described real estate to Abeln Abstract Company; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to enter into a Con- tract for Sale of Land and Private Redevelopment in accordance with the terms of the Disposition Docu- ments governing such sale with Abeln Abstract Company for the real estate known as the westerly 74' of the southerly 79' of Reuse Parcel 1 of Block 3 in the Down- town Urban Renewal Project, Iowa R-15, containing 5,846 square feet, subject to survey. Section 2. That said parcel of real estate shall be sold for $2.50 per square foot or a total purchase price of $14,615, subject to final survey of the land to be conveyed. Section 3. That the City Manager be and he is hereby authorized and directed to prepare or cause to be prepared for action by the Council of the City of Dubuque the following described items and any other items necessary to con- sumate the transaction: a. The closing and vacation of all existing streets, alleys, and other public rights-of-way within or abutting on the par- cel. b. The replatting and resubdivi- sion of the parcel. c. The rezoning of the parcel. Passed, approved and adopted this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Regular Session, November 3, 1969 RESOLUTION NO. 366.69 be and he is hereby authorized and Authorizinq the Execution of a directed to prepare or cause to be Contract for Sale of Land for Pri- prepared for action by the Council vate Redevelopment with Andrew of the City of Dubuque the follow. D. Karigan and Gust Karigan ing described items and any other WHEREAS, pursuant to Resolu- items necessary to consumate the tion No. 332-69 dated September transaction. 29, 1969 and a Notice of Public a• The closing and vacation of Hearing published in the Tele- all existing streets, alleys, graph-Herald, a newspaper of gen• and other public rights-of-way eral circulation in the City of Du- within or abutting on the par- buque, Iowa, on October 3, 1969, cel. and October 10, 1969, City Council b. The replatting and resubdiv- met on the third day of November, inion of the parcel. 1969, at 7:30 o'clock P.M., Central c. The rezoning of the parcel. Time, in City Council Chambers, Passed, approved and adopted City Hall, Dubuque Iowa, to con- this 3rd day of November, 1969. sider the proposal to dispose of Walter A. Pregler the interest of the City of Dubuque Mayor to the southerly 65' of the easterly Sylvester McCauley 94' of Reuse Parcel 1 of Block 1 Merlin F. Schultz in the Downtown Urban Renewal Donald R. Meyers Project, Iowa R-15, to Andrew D. Gaylord Couchman Karigan and Gust Karigan; and Councilmen WHEREAS, pursuant to said res- Attest: Leo F. Frommelt olution a copy of the Redeveloper's City Clerk Statement for Public Disclosure Mayor Pregler moved adoption and a copy of the proposed form of the resolution. Seconded by of Contract for Sale of Land for Councilman Meyers. Carried by Private Redevelopment was placed the following vote: on file in the office of the City yeas — Mayor Pregler, Council- Clerk for public inspection; and men Couchman, Meyers, McCauley, WHEREAS, the City Council of Schultz. Dubuque, Iowa, overruled any and Nays — None. all objections, oral or written, to RESOLUTION NO. 367.69 the proposal to dispose of said BE IT RESOLVED by the City interest of the City of Dubuque in Council of the City of Dubuque, the above described real estate to Iowa, that the following having Andrew D. Karigan and Gust complied with the provisions of Karigan; now therefore law relating to the sale of Ciga- BE IT RESOLVED BY THE CITY rettes within the City of Dubuque, COUNCIL OF THE CITY OF Iowa, be granted a permit to sell DUBUQUE, IOWA: Cigarettes and Cigarette Papers Sedlon 1. That the City )Manager within said City. be and he is hereby authorized and Frank J. & Phyllis Lieciardi, 504 directed to enter into a Contract illuff Street. for Sale of Land and Private Re- (Transfer from 869.871 Iowa development in accordance with the terms of the Disposition Docu Street) BE IT FURTHER RESOLVED ments governing such sale with that the bonds filed with the appli- Andrew D. Karigan and Gust Kar- cation be approved. roved and app igan for the real estate known as passed, adopted day of November, 1989. the southerly 65' of the easterly 94' of Reuse Parcel 1 of Block 1 this 3rd Waller A. Pregler in the Downtown Urban Renewal Mayor Sylvester McCauley Project, lows R-15, containing 6, Merlin F. Schultz 110 square feet, subject to survey. Section of Donald R. Meyers 2. That said parcel Gaylord Couchman real estate shall be sold for $2.50 Councilmen per square foot or a total purchase price of $15,275, subject to final survey of the land to be conveyed. Attest: Leo F. Frommelt Section 3. That the City Manager City Clerk 510 Regular Session, November 3, 1969 Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 368.69 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 compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Beecher Co. Inc., 2399 White Street John F. Glynn, 760 East 16th Street Marcella M. McCarty, 2093 Wash- ington Street American Veterans of World War #2, 36 West 4th Street John B. Burgmaier, 2401 Wind- sor Avenue Frank J. & Phyllis Licciardi (Tran- sfer from 869-871 Iowa) 504 Bluff Street CLASS "C" BEER PERMIT Florence E. Chalder, 113 Main Street Lil' Giant Food Store, Inc., 1100 Rhomberg Avenue Passed, adopted and approved this 3rd day of November, 1969 Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays --- None. RESOLUTION NO. 36969 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 a Beer Permit. CLASS "B" BEER PERMIT Beecher Co. Inc., 2399 White Street John F. Glynn, 760 East 16th Street Marcella M. McCarty, 2093 Wash- ington Street American Veterans of World War #2, 36 West 4th Street .John B. Burgmaier, 2401 Wind- sor Avenue Frank J. and Phyllis Licciardi, 504 Bluff Street (Transfer from 869.871 Iowa Street) CLASS "C" BEER PERMIT Florence E. Chalder, 113 Main Street Lil' Giant Food Store, 1100 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 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couchman, Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 370.69 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 Reprlar Session. November 3. 1969 511 the City of Dubuque, Iowa that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQJTOR CONTROL. ACT — Chap- ter 123 — as amended by the 60th General Assembly, 1963. CLASS "C" LIQUOR COMMER- CIAL ESTABLISHMENT John B. Burgmaier, 2401 Wind. sor Avenue Karl Henry Oleson, 1701 Asbury Street Frank J. & Phyllis Lacciardi, 504 Bluff Street (Transfer from 869-871 Iowa Street) Passed, adopted and approved this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Cnuncil- men Couchman Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 371-69 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and the have received the approval of this Coun• cil, and WHEREAS, the premises to he 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 Vity Council of Dubuque, Iowa, that the manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" LIQUOR COMMERCIAL ESTABLISHMENT John B. Burgmaier, 2401 Wind- sor Avenue Karl Henry Oleson, 1701 Asbury Street Frank J. & Phyllis Licciardi, 504 Bluff Street (Transfer from 869.871 Iowa Street) Passed, adopted and approved this 3rd day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad. option of the resolution Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Mayor Pregler left the Council Chamber at 7:45 P.M. Councilman McCauley moved that Councilman Couchman act as Presiding Officer Pro Tem for the balance of the meeting in the ab- sence of Mayor Pregler. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Councilmen Meyers, McCauley, Schultz. Councilman Couchman not vot. ing. Nays — None. October 30, 1989 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and policy, and desire to have your approval on same. COMPREHENSIVE LIABILITY Anton Zwack. Inc., Northwestern National Insurance Co. SIDEWALK Erschen Construction Company, Merchants Mutual Bonding Co. Raphael H. Strub, Western Surety Company Respectfully Gilbert D. Chavenelle City Manager Councilman Mevers Moved thate the bond and policis be filed sub - jest to the approval of the City Attorney. Seconded by Councilman McCauley. Carried by the follow- ing v"` Officer Pro Yeas — Presiding Tem Couchman, Councilmen nlmen MeY- ers, McCauley, Schultz. Nays — None. Absent Mayor Pregler, 512 Regular Session, November 3, 1969 October 27, 1989 To the Honorable Mayor and City Council Gentlemen: A request has been received from Mr. Ray Kress for a street light in the area of 2310 Garfield. The electrical inspector has view- ed the location and it is recommen- ded that a 175 watt mercury vapor light be placed on a pole located an the property line of 2335 and 2345 Garfield. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Presiding officer Pro Tem Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. October 17, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of Alfred L. Brandt and oth- ers requesting that the property located at 2621 Fulton Street be condemned by the city. An inspec- tion of the property was made by the City Housing Inspector in June. As a result of this inspection. the property was posted as not acceptable for habitation because of certain violations of the Dubu- que Housing Code. Further, the Housing Inspectorq report that the building is basical- ly sound and can be restored to an attractive and livable residence. I believe that the city has al- ready taken proper action in re- gard to the condition of the proper- ty at 2621 Fulton Street, and I do not recommend that the building be condemned as requested by the petitioners. For your information I am en- closing a letter from Housing In. spector Zimmerman dated Cctober 15th describing the situation. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be referred back to the City Manager and staff for further investigation. See- L. onded by Councilman McCauley. Carried by the following vote: Yeas — Presiding officer Pro Tem Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler 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 September 1969, presented and read. Councilman Meyers moved that the proof of publication be receiv. ed and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Presiding officer Pro Tem Couchman, Coucilmen Mey- ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. October 21, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Single Family to Multiple Family property described as Lot 1 of Sylvan Place. This property is located south of Pennsylvania Avenue and lies between Bies Street and Sylvan Drive. The Commission reviewed a General Development Plan for the west side of the city which they had approved at a previous meet- ing. It was pointed out that Penn- sylvania Avenue was part of the arterial street system and that the additional traffic generated by the Multiple Family development could be handled on Pennsylvania Ave- nue. The general planning for this area has envisioned that the area south of Pennsylvania Avenue would be developed for a higher density residential development, and that the proposal would con- form to this general plan. A petition bearing 54 signatures stating objection to the proposal was received by the Commission. Mrs. Donald Ehlers, 1705 Keyway Drive, was present, and stated that she feels there are too many mul- tiple family residences in the area and would like to have more single family units built. She felt that the -door Regular Session, November 3, 1969 513 increase in traffic on Pennsylvania Avenue would be undesirable. It was the opinion of the Com- mission that the proposal conforms ! to the general plan for this area and would encourage an approp- riate development of the area. It is the recommendation of the Planning and Zoning Commission that Lot 1 of Sylvan Place be re- classified from Single Family to Multiple Residence on the zoning map. Respectfully submitted j CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Schultz moved that the recommendation be approved and referred for proper proceed- ings. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. October 21, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Local Business "B" to Bus- iness, property described as Sara S. and Edward R. Bartels Place at Center Grove in Mineral Lot 243 of Section 27 in the City of Dubu- que. This property is located north of University Avenue and east of the Volkswagen agency. The prop- erty is bounded on the north by a branch of the Catfish Creek. At the hearing no one was pres- ent to speak in opposition to the proposal. It is the recommendation of the Planning and Zoning Commission that the properly described above be reclassified from Local Business "B" to Business classification on the zoning map. Respectfully submitted CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Presiding Officer Pro Tem Couchman moved approval of the recommendation and that same be referred for proper proceedings. Seconded by Councilman McCauley Cabled by the following vote; Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. Communication of David L. Hammer, attorney for the Hartford Insurance Group, the liability car- rier for the City in the action of Irene Ann Brown vs. Gilbert D. Chavenelle City Manager and Percy Lucas Police Chief, in the amount of $150,000, which is in excess of protection afforded the City limit liability, stating that he would cooperate with any at- torney if the City chooses to do so, presented and read. Councilman Meyers moved that the communication be referred to the City Solicitor. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays — None. Absent —Mayor Pregler. Notice of claim of Americar. States Insurance in the amount of $300, for reimbursement of a claim paid to Paul Tressel for car damage as the result of a fallen dead elm tree limb on October 9, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man McCauley. Carried by the fol - ]owing vote: Yeas — Presiding Officer Pro Tem Couchman, Coucilmen Mey- ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. Notice of claim of Amelia Stecher, in an undetermined amount. for personal injuries re- ceived in a fall on a defective curb at 19th and central Avenue and October 18, 1969, presented read. Councilman Meyers moved that 514 Regular Session, November 3, 1969 the notice of claim be. referred to the City Solicitor for investigation and report. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. Notice of claim of Francis White, in an estimated amount of $206.32, for car damage as the result of a fallen dead elm tree limb while his car was parked at 1320 Alta Vista Street on October 9, 1969, present- ed and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays -- None. Absent — Mayor Pregler. Petitiori of Earl Pfohl et a] (7 signers) residents of Asbury Road west of St. John's Drive requesting sanitary sewer to their properties Presented and read. Presiding Officer Pro Tem Couchman moved that the petition be referred to the City Manager and Engineer. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen ,Mey- ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. Petition of YWCA requesting permission to conduct a traveling bake sale from door to door on November 22, 1969, from 8 A.M. to 4 P.M., presented and read. Councilman Meyers moved that the petition be granted subject to approval of the City Manager, Seconded by Councilman McCauley. Carried by the following vote: Yeas -_ Presiding Officer Pro Tem Couchman, Councilmen Mey- ers. McCauley, Schultz. Nays — None. Absent — Mayor Pregler. Petition of Cecil R. Hines by David Kintzinger attorney, request- ing a quit claim deed to the alley between Bennett Street and West Third Street adjoining Lots 13 and 14 Hodge Sub. No. 2., as previously authorized by Ordinance No. 1849 adopted May 23, 1969, presented and read. Councilman Schultz moved that the petition be referred to the City Solicitor. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey. ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. Petition of Arthur W. and Mar- tha C. Pins, by H. F. Reynolds at- torney, requesting that Old Tim- ers Athletic & Supper Club be re- zoned to Business "B" classifica. tion, presented and read. Councilman Meyers moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey. ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. Petition of Molo Oil Company re- questing a refund of $5.00 on an unused furnace installation permit within the confines of the City, said permit issued for an installa- tion at 724 Davis Avenue which is outside the City Limits, presented and read. Councilman Schultz moved that the refund be granted and the aud. itor instructed to issue the proper warrant. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey- ers McCauley, Schultz. Nays — None. Absent — Mayor Pregler. Petition of Bill Olsen at al (18 signers) requesting elimination of all day parking in the block from 11th to 12th on White Street, also on 11th Street between White and Jackson and further requesting two hour parking for the area from 9:00 A.M. to 6:00 P.M. Mon. day thru Saturday, presented and read. Regular Session, November 3, 1969 515 Councilman Schultz moved that the petition be referred to the City Manager and Traffic Department. Seconded by Councilman McCauley Carried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. Petition of Northwestern Bell elephone Co. requesting permis- sion to excavate between Center and Wilson in the alley north of University presented and read. Councilman Schultz moved ap- proval of the petition. Seconded by Councilman McCauley. Carried b ythe following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey. ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. Councilman Meyers moved that the rules be suspended in order to let anyone present address the Council if they so desired. Sec- onded by Councilman Schultz. Car- ried by the following vote. Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey. ers, McCauley, Schultz. Nays — None. Absent — Mayor Pregler. Mr. William Welu presented the Council with a framed notification from the Amvets Post entitled "Iowa Apivets Disaster Aid Pro- gram. n in need of help dur- ing disaster, you can depend on the Iowa Amvets. The Amvets have posts at a radius of every 50 miles in the State of Iowa. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Schultz. *artre b]. the following vote: ar'r• 6a Yeas — Presiding Officer Pro Tem Couchman, Councilmen Mey- ers, McCauley, Schultz. Nays — None. Absent --- Mayor Pregler. Leo F. Frommelt City Clerk Approved ...............March ....... 2 ...x.........1870 Adopted ....March 2, 1870 ....1 ........................................ City Clerk 516 Special Session, November 5, 1969 CITY COUNCIL OFFICIAL Special Session, November 5, 1969 Council Met at 4:30 P.M. (C.S.T.) Present — Mayor Pregler, Council- men Couchman, Meyers„ McCauley Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of DE- CLARING THE RESULTS AND SUBMITTING A CANVASS OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 4, 1969, and acting upon such other business as may properly come be- fore a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of Regular Municipal Election Ballot on November 4, 1969, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. November 5, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Section 50.21 of the 1966 Code of Iowa, on November 5, 1969, we made a public canvass of the election returns of the REG- ULAR MUNICIPAL ELECTION held on November 4, 1969, and herewith submit the report of said canvass. We, Walter A. Pregler, Mayor of the City of Dubuque, Iowa, and Leo F. Frommelt, Clerk of the City of Dubuque, Iowa, do hereby certi. fy that we publicly canvassed the election returns of the Regular Municipal Election and find the following results: NOMINATED BY GENERAL ELECTION FOR COUNCILMEN Wayne A. Moldenhauer, 12,335 votes. Joseph J. Bitter, 10,525 votes. Walter A. Pregler, 6,727 votes. NOMINATED BY GENERAL ELECTION FOR PARK COMMIS- SIONER REGULAR TERM Thomas G. Schrup, 7,936 votes. Respectfully submitted, Leo F. Frommelt City Clerk Walter A. Pregler Mayor Councilman Meyers moved that the communication be received and filed and made a matter of re- cord. Seconded by Councilman Couchman. Carried By the follow- inR vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 372.69 WHEREAS, the Mayor and Clerk have heretofore pursuant to the provisions of Section 50.21 Code of Iowa 1966 met and canvassed the returns of the REGULAR MUNICIPAL ELECTION held in the City of Dubuque, November 4, 1969, and certified the results to the City Council; and WHEREAS, the City Council has examined said certificate and finds that the following have been elected for the following offices: COUNCILMEN — FOR TERM BEGINNING JANUARY 1, 1970 (four year terms to 12-31-1973) Wayne A Mouldenhauer Joseph J. Bitter Walter A. Pregler PARK COMMISSIONER REGU- LAR TERM COMMENCING JAN- UARY 1, 1970 (six year term) Thomas G. Schrup NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That Wayne A. Mold- enhauer, Joseph J. Bitter and Walter A. Pregler are hereby declared elected to the office of Councilmen of the City of Dubu- que for the terms commencing on or before noon of the second secular day of January 1970. Section 2. That Thomas G. Schrup is hereby declared elected to the office of Park Commisioner for a six year term commencing January 1, 1970. Section 3. That the City Clerk be and he is hereby authorized and directed to issue certificates of election to the foregoing individ- Special Session, November 5, 1969 517 uals for the respective office3 to which they have been elected. Passed. adopted and approved this 5th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Peas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. REGULAR MUNICIPAL ELECTION, NOVEMBER 4,1969 RESOLUTION NO. 37349 WHEREAS, Ordinance No. 18-49 passed by the City Council of the City of Dubuque on May 23, 1949. vacate an alley of which Lots 13A and 14A of Hodge's Subdivision No. 2 in the City of Dubuque, Iowa, was a part, and that said Ordinance provided that upon filing; of a plat Of said property that the Mayor and Clerk of the City of Dubuque were authorized to execute deeds on behalf of the City of Dubuque, Iowa, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SiK#Ion 1. That conveyance by Quit Claim Deed by City of Dubu• que as grantor to Cecil R. Hines conveying; the property bereinaf- ter described pursuant to Ordin- ance No. 18.49 be and the same is hereby approved. Section 2. That the Mayor and and Clerk be and they are hereby authorized to execute same on be. half of the City of Dubuque and atnd ehmpoweredleto delivrk be er authorized e to Cecil R. Hines. Passed approved and adopted this 5th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Meyetz Donald ft. Couchman rs Gaylord M. Councilmen ATTEST: Leo F'. Frommell. City Clerk FOR COUNCILMEN FOR PARK COMMISSIONER e PRECINCTS n 0- c i " "1 p I t? 3. i FfN 04 _ 0 O p ILO 3a " I " r ->V oco ,m Q 99 3i #A 379 378 1103 391 740 511 708 1512 2 ,,».»........ 818 335 376 1075 331 633 467 710 1383 .... 3 .,.— 277 117 156 338 130 166 154 218 442 ........ ..... 4 233 Fig 140 290 111 155 119 194 383 ...............»... 5 498 187 212 592 194 345 248 404 762 ..............».... 6 985 349 566 1254 342 644 543 709 1532 .................... 7 171 73 99 193 67 114 92 116 265 ................... 8 .................... 298 123 162 352 108 146 167 241 468 548 9.. 377 134 233 416 107 206 191 259 251 409 805 10 ..M........»» 11 536 911 205 360 259 448 620 1008 197 261 342 496 386 657 1280 .................. ........... 12 ... .. 398 153 261 434 128 171 190 382 244 529 556 1148 13 .................. 14 850 769 359 366 515 462 882 883 194 279 361. 486 422 571 1219 ....... ....... _. 15 ...»......»..... 743 318 427 783 243 471 385 668 525 982 1134 1967 16 .................. 1298 483 658 1578 584 432 198 824 377 203 468 791 17 .................. 473 1882M Totals..........10525 4218 5580 12335 9713 6727 5387 7936_16185 RESOLUTION NO. 37349 WHEREAS, Ordinance No. 18-49 passed by the City Council of the City of Dubuque on May 23, 1949. vacate an alley of which Lots 13A and 14A of Hodge's Subdivision No. 2 in the City of Dubuque, Iowa, was a part, and that said Ordinance provided that upon filing; of a plat Of said property that the Mayor and Clerk of the City of Dubuque were authorized to execute deeds on behalf of the City of Dubuque, Iowa, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SiK#Ion 1. That conveyance by Quit Claim Deed by City of Dubu• que as grantor to Cecil R. Hines conveying; the property bereinaf- ter described pursuant to Ordin- ance No. 18.49 be and the same is hereby approved. Section 2. That the Mayor and and Clerk be and they are hereby authorized to execute same on be. half of the City of Dubuque and atnd ehmpoweredleto delivrk be er authorized e to Cecil R. Hines. Passed approved and adopted this 5th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Meyetz Donald ft. Couchman rs Gaylord M. Councilmen ATTEST: Leo F'. Frommell. City Clerk 518 Special Session, November 5, 1969 Councilman Meyers moved ad- doption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 374.69 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 "C" BEER PERMIT Nash Finch Company, John Ken- nedy Road Passed adopted and approved this 5th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 375-69 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 "C" BEER PERMIT Nash Finch Company. John Ken- nedy Road Passed adopted and approved this 5th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Communication of D u b u q u e Park Board by Frederick R. Ap- pel Chairman, requesting the ap- pointment of Thomas Schrup to fill the unexpired term of Allan R. Kingsley, deceased, presented and read. Councilman McCauley moved that the communication be referred to the City Solicitor for proper proceedings. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. ORDINANCE NO. 43-69 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3.34 KNOWN AS THE ZON- ING MAP AND ZONING ORDI- NANCE OF THE CITY OF DUBU- QUE SO AS TO CHANGE LOT I OF SARA S. AND EDWARD R. BARTELS PLACE AT CENTER GROVE IN M. L. 243, FROM LOC- AL BUSINESS "B" DISTRICT CLASSIFICATION TO "BUSINESS DISTRICT" CLASSIFICATION presented and read. Mayor Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCauley. Carried by the following; vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Special Session, November 5, 1969 519 Mayor Pregler moved that the law. Seconded by Councilman rule requiring an Ordinance to be McCauley. Carried by the following read on three separate days be vote: waived. Seconded by Councilman Yeas — Mayor Pregler, Council- McCauley. Carried by the following men Couchman, Meyers, McCauley, vote: Schultz. Yeas — Mayor Pregler, Council- Nays — None. men Couchman, Meyers, McCauley, Schultz. Mayor Pregler presented the Nays — None. name of Joseph Voelker for re- Mayor Pregler moved that a appointment to the Board of Dock public hearing be. held on the Ord- Commissioners for a three year inance on December 1, 1969, at term beginning November 26, 1969. 7:30 o'clock P.M. in the Council Councilman McCauley concurred Chamber at the City Nall and the in the reappointment of Joseph Clerk be instructed to publish Voelker• Seconded by Councliman notice in the manner required by Meyers. Carried by the following law. Seconded by Councilman Mc. Vote: Cauley. Carried by the following Yeas — Mayor Pregler, Council- vote: men Couchman, Meyers, McCauley, Yeas -- Mayor Pregler, Council- Schultz. men Couchman Meyers, McCauley, Nays — None. Nays —None. Thomas G. Schrup was sworn in as a new member of the Park ORDINANCE NO. 44.69 Board. AN ORDINANCE AMENDING There being no further business AND CHANGING ORDINANCE Councilman Couchman moved to NO. 3-34 KNOWN AS THE ZON- adjourn. Seconded by Mayor ING MAP AND ZONING ORDI• Pregler. Carried by the following NANCE OF THE CITY OF DUBU- vote: QUE SO AS TO CHANGE LOT 1 Yeas — Mayor Pregler, Council OF SYLVAN PLACE IN THE men Couchman, Meyers, McCauley, CITY OF DUBUQUE FROM "SIN- Schultz. GLE FAMILY RESIDENCE DIS- Nays — None. TRICT" CLASSIFICATION TO Leo F. Frommelt "MULTIPLE RESIDENCE DIST- City Clerk RICT" CLASSIFICATION presented and read. Mayor Pregler moved that the March 2, reading just had be considered Approved.................................... 1970 the first reading of the ordinance. Seconded by Councilman McCauley. Mu rch 2,1970 Carried by the following vote: Adopted.................................... Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. ......J.Gh>^ k ... ...... Nays — None. Mayor Pregler moved that the rule requiring an Ordinance to be,,,,,,f. read on three separate days be n waived. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. j Nays —None. Mayor Pregler moved that a Public hearing be held on the men Ordinance on December 1, 1969, st 7:30 o'clock P.M., in the Coun- cil Chand the (le lotbe er ainstrucdtheytolpublish Atte1 notice in the manner required b. City Clerk . 520 Special Session, November 17, 1969 CITY COUNCIL OFFICIAL Special Session, November 17, 1969. Council met at 7:30 p.m. C.S.T. Present — Mayor Pregler, Coun- cilmen Couchman , Meyers, Mc- Cauley, Schultz. City Manager Gilbert D. Chave. nel le. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose ofCon. ducting a Public Hearing on Re- zoning of a portion of Highland Subdivision, Mineral lots 89 and 90, also lots in Hamblin Subdivi. sion, and acting up -,)n such other business as may properly come before a regular meeting of the City Council. Communication of David Kint- zinger suggesting the possible use of Dow Domes, or something simi- lar, to serve as covers over the sewage filter beds to control odor, in the construction of the new sewage treatment facilities, presented and read. Mayor moved that the communi- cation be referred to the City Engineer for investigation and report. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyr-rs, M c - Cauley, Schultz. Nays — None. Communication of State Depart. ment of Health requesting a re- sponse to their communication during January 1969 relating to Air Pollution Control, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c . Cauley, Schultz. Nays — None. November 17,19(;!) To the Honorable Mayor and City Council Gentlemen: Enclosed is a copy of a speci- fication for an eighty-five (85) foot elevating platform for the Fire Department. I present this speci. fication and ask your endorse- ment of sending out bids for this equipment. The estimated cost of this equipment has been included in the recent bond issue for fire equipment. Respectfully, R. N. Dunphy, Chief Fire Department Mayor Pregler moved approval of the recommendation. Seconded by Councilman Mey. ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. November S, 1989 To the Honorable Mayor and City Council Gentlemen: A request has been received to improve the street lighting at the intersection of Alta Vista and Martha Streets. The area has been investigated by the Electrical Inspector and it is recommended that at the inter- section of Alta Vista and Martha, and Alta Vista and Rose, that 4000 lumen lights now in place be re- placed by 178 watt mercury vapor lights. Respectfully requested, Gilbert Chavenelle City Manager Councilman Meyers moved ap. proval of the recommendation. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. November 14, 1989 To the Honorable Mayor and City Council Gentlemen: On November 12th, Mr, A. E. Robinson, Water Pollution Control Officer of Keokuk, invited Iowa municipal officers and individual representatives to a meeting to discuss water pollution regulation. At the meeting the group de- cided: — — 1) To cooperate with the State Water Pollution Control Board 2) Press for the passage of State aid L ,—A Special Session, November 17, 1969 521 g) Approach congressional repre. sentatives for: a) meaningful standards b) Federal Funds c) reasonable time tables for plant modification it is requested that Dubuque be represented at the next meeting by a municipal and industrial re- presentative. I request that you authorize me to represent the city. I will also contact an industrial representative for the city. Respectfully, Gilbert Chavenelle City Manager Councilman Couchman moved that the request to be granted. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. November 14, 1969 To the honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor and City Trea- surer for the month of October 1969. Also a list of claims for which warrants were drawn. Respectfully, Gilbert Chavenelle Councilman Meyers moved that the reports be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. November 14, 1969 To the Honorable Mayor and City Council Subject: Proposed privately operated, publicly subsidized am - Durance service for the Dubuque area Gentlemen: The subject of elminating the city ambulance service and sub. stituting a subsidized private op. eration was previously considered by the Council at budget hearings in August. Since that time an additional proposal has been pre- sented to the staff through the efforts of Mr. Charles Egelhof, and it is requested that the matter be brought again to you. I present the following analysis for your consideration. 1. THE SITUATION There are seven privately op- erated ambulances in the City. These ambulances are operated by six funeral directors who render service without any subsidization from city funds. The city fire department operates one ambu- lance with three full-time drivers. Most of the calls within the Du- buque area are made by the city service. For practical purpose, private ambulances make all of the "long runs" outside the area, for example, to Iowa City or Rochester. It has been indicated that five funeral directors will not continue the service and that one desires to continue. Thus, six of the seven ambulances will be withdrawn from service. During the past six months we have been contacted by five pri- vate operators of ambulance ser- vice offering to supply the City of Dubuque with privately owned and operated service. The most recent proposal, and the least cost in terms of city funds, has been made by Tri-State Ambulance Ser- vice, Inc. of LaCrosse, Wisconsin. This proposal is presented. 11. ALTERNATE PROPOSALS TO BE CONSIDERED A. Tri-State Ambulance Service Proposal: 1. The city to give a five year exclusive contract eliminating all other service both private and public. aid in 2. The city to make payment of $12,000.00 per year, p advance on a monthly basis. 3. Tri-State to provide one full time crew of two men plus part time help. 4. Tri-State will provide 3 commerical type ambulances to be operated out of a central home location. 5. Tri-State will charge customers: $25.00 per in city call $25.00 plus 60a per load mile per outside city call $ 5.00 oxygen charge if any is usedsidy ri State will hire two 6. Alternate to the $12,000.00 subcontinues to pay their salary. senior city drivers if the city 522 Special Session, November 17, 1969 B. City Operation as Proposed in 1970 Budget: 1. City to provide emergency service in the Dubuque area. 2. City will not provide long run service outside the Dubuque area. 3. The City will continue to provide 3 full time drivers assisted by members of the fire and police departments. 4. The city will provide one new ambulance, and through state and other asistance, a second standby ambulance vehicle. a. Although "assistance" is expected for the purchase of a second vehicle, if this does not materialize the present city ambulance will be retained as standby. B. City Operation (continued) 5. The city will charge customers: $20.00 per city call $27.00 plus 254 per mile per outside city call Iii. STATISTICS AND ESTIMATES FACTORS A. Estimate, Total 1969 Service Calls, All Ambulances 1. In city and Dubuque area calls 2000 2. Long distance calls 100 Total Service, public & private 2100 ............................................................................ B. Estimate City Ambulance Calls IV. COMMUNITY COST ANALYSIS 1970 ESTIMATE (excluding long distance calls) A. Tri-State Ambulance Service Cost Alternate 1969 1970 1. In city calls (approximately 83%) 1492 1660 2. Out city area calls (approximately 11%) 200 220 3. Unnecessary calls (approximately 6%) 108 120 Total calls, City Ambulance ........ 1800 ........ 2000 Average calls per 24 hour day 4.9 5.5 4. Uncollected Bills (percent of annual billing 18% 18`7 IV. COMMUNITY COST ANALYSIS 1970 ESTIMATE (excluding long distance calls) A. Tri-State Ambulance Service Cost Alternate B. City Ambulance Service Cost Proposal Proposal Service Fees 1800 in city calls Ci* $20.00 $36,000.00 1660 in city calls @ $25 $41,500.00 $41,500.00 220 out city (aver. 6 mi.) Ca, $28.60 6,292.00 6,292.00 150 oxygen calls @ $5.00 750.00 750.00 Total Service Fees .................. $48,542.00 .................. $48,542.00 Taxes Subsidization payment 12,000.00 Pay salaries of two men Salaries per mo, $1387.36 Fringe Benefits 188.84 ................ $1576.20x12 18,914.00 Total Community Cost .... ....... I ...... $60,542.00 ............ I..... $67,456.00 B. City Ambulance Service Cost 1. Revenue from customer fees 1800 in city calls Ci* $20.00 $36,000.00 200 out city calls (aver. 12 mi.) @ $30.00 6,000.00 Total Fees .................. $42,000.00 Less 18% uncollected bills 7,560.00 Total Fees Collected $34,440.00 I Special Session, November 17, 1969 523 2. Estimate Direct Cost of Service Salaries $25,212.00 operating Expense 4,400.00 .................. $29,812.00 Amortize 2 vehicles over 5 years $17,000 _ 5 years 3,400.00 Total Direct Cost $33,012.00 B. City Ambulance Service Cost (continued) 3. Note, Revenue compares favorably with cost, therefore, there is no property tax subsidization. Total Community Cost equals $34,440.00 V. CONCLUSIONS AND RECOMMENDATION 1. Equivalent service will be rendered by either Tri-State Ambu- lance Service or the city. 2. City ambulance service is a proven record. Private subsidized service is untried in this city. 3. If most funeral directors withdraw from the ambulance service the city can handle all work except "long trips." 4. It is assumed that "long trips" can be handled privately 5. A switch to private ambulance service will necessitate the discharge of one city employee and certainly for two others. 6. A contract with the Tri-State Company must be exclusive causing all those presently operating ambulances in the city to withdraw whether they wish to or not. 7. Under private service Dubuque citizens will bear the costs of making the service available outside the corporate limits, 8. A switch to private service will cause an increase payment of property tax funds ranging from $6750 to $17,688. 9. City service provides the least direct community cost. 1 recommend that the City Am- bulance Service be retained as proposed in the 1970 Budget and that Ordinance 17-59 be amended to make possible an increase of the service charges to be effective January 1, 1970. Respectfully, Gilbert Chavenelle City Manager Councilman Couchman moved that the communication be receiv- ed and filed. Seconded by Councilman Schu. ltz. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, M e - Cauley, Schultz. Nays — None. Mayor Pregler moved that the rule be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchnian, Meyers, M e - Cauley, Schultz. Nays — None. Mr. Charles Egelhof spoke in favor of privately operated ambu- lance service as previously men. tioned in August. He presented Mr. Walter Gardner of the Tri- State Ambulance Service, who has the backing of the Medical profes- sion, hospitals, nursing homes etc. They would operate in Dubu. que and take care of emergency and non -emergency cases. All per- sonnel has advanced first aid. Fire Chief Dunphy explained to the Council what the City presen. tly is doing in Ambulance service. We take care of the City, County, also Jo Daviess County and East Dubuque and five miles out. After considerable discussion Mayor Pregler moved that the re- commendation submitted by the City ted and the OrdManager i ance to adjust t t the fees he amended. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. Nays — None. 524 Special Session, November 17, 1969 November 17, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of Mrs. A. R. Mescher request- ing a four way stop at St. Ambrose and Rosedale. The Traffic Committee review- ed the proposal and it is recom- mended that the petition be deni- ed for the following reasons: 1. It is not desirable to increase traffic on Rosedale which the signing of the intersection would probably do. 2. It is not desirable to create an arterial street past the school. 3. The accident record at the intersection does not indicate the need for a four way stop The Traffic Committee will con- tinue to study the problems in the area, although it is believed that the suggested four way stop offers no solution. Mrs. Mescher has been informed of this recommendation of the Committee. Respectfully Gilbert Chavenelle City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. Nays — None. November 17, 1969 To the Honorable Mayor and City Council Gentlemen: I request authorization to pay the League of Iowa Municipalities Invoice No. 00740 for $125.36. The billing is the city's propor- tionate share of the cost of repre- sentation on the study committee developing collective bargaining legislation for public employees. I am attaching an explanatory letter from Mr. Hays dated Octo- ber 24th, Respectfully, Gilbert Chavenelle City Manager Councilman Meyers moved ap- proval of the request. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. November 7, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hearing on a proposal to reclassi- fy, from Single Family Residence to Multiple Residence, property described as Lot I of Lot 1 of Lot 1 of Lot 1 of Cullen's Subdivision in the City of Dubuque. This property is located west of Abbott Street and has access to the end of Lowell Street. At the public hearing on the proposal, the Commission received a petition bearing 11 signatures and stating objection to the pro- posal. Mr. Bernard M. Fahey, 949 Clarke Drive; Mr. Donald Starkey, 1787 Scenic View Drive; and Mr. Martin Arling, 3035 Lindale, were present to state objections to the proposal. It was pointed out that the only access to the area would be through a single family resi- dential area, and on a street de- signed as a local residential street. At the present time there is no way to provide direct access from this property to Clarke Drive. It was the opinion of the Com- mission that this increase in traffic on the residential streets would distract from the neighbor- hood amenities. It was also the opinion of the Commission that it is physically possible to develop the area for single family resi- dences. It is the recommendation of the Planning and Zoning Commission that the property described above, remain in the Single Family Resi- dence Classificiation. Respectfully, submitted City Planning and Zoning Com- mission Dun Gilson City Planner Mayor Pregler moved approval of the recommendation. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas --- Mayor Pregler, Council - a Special Session, November 17, 1969 525 men Co ehman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays -- None. November 7, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hearing on a proposal to reclassify from Single Family Residence to Multiple Residence, property de- scribed as, Lots 4, 5, 6. 7, and 8 of Lot 2 thru 11, all in Brunskill's Addition; and Lot 4 of Block 15 in Steger Heights, all in the City of Dubuque. At the hearing, no one was present to speak for or against the proposal. It was pointed out that the pro- posal is in agreement with the proposed zoning plans for this general area and that this area would be accessible from Univer• sity Avenue, which is part of the arterial street system. It is the recommendation of the Planning and Zoning Commis- sion that the property, described above, be reclassified from Single Family Residence to Multiple Re- sidence. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Couchman moved approval of the recommendation and that same be referred for pro- per proceedings. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays -- None. November 7, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and 'Zoning Commission has reviewed a re- quest to have property, located at 1105 Luras Boulevard, reclassified from Local Business "A" to Local Business "B". In reviewing the request the Commission found that substantial area in the vicinity of this site is classified Single Family Resi• deuce and Two Family Residence un the zoning map, and that plan. ning for this area envisions that these areas will remain in this classifeation. It was the opinion of the Commission that some of the uses permitted in the Local Business "B" District would not be compatible or provide service to the surrounding residential area. It is the recommendation of the Planning and Zoning Commission that the property at 1105 Loras Boulevard remain in the Local Business "A" Classification. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved ap- proval of the recommendation. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. November 11, 1969 Honorable Mayor and City Council Gentlemen: On March 7, 1967, Emil Althaus andThelma Althaus as Plaintiffs commenced an action against. the City of Dubuque and George A. Saffran doing business as Saffran Construction Company claiming damages in the total amount of $5.000.00 as a result of property damage allegedly suffered by the Plaintiffs as the result of a rain storm on July 22, 1962, as the result of !f'nmediatel east of the h rain storm the alley lying y, premises of the Plaintiffs was under construction and by reason of said construction no provisions were made for the drainage of surface waters therefrom, and said construction literally trapped said water causing undue pressure to be exerted upon the foundation of the Plt:intiff's home and causing same to collapse and consequently damaging said foundation as well as the contents of the basement. This matter has been contested by the Defendants and same has been ready to go to trial and the Plaintiffs have made an offer of unt of settlement in the $3000-00, and it is recomme nda- tion of the City Attorney that said offer of settlement be accept, ed and that the City''yshare said settlement is in the amount 526 Special Session, November 17, 1969 of $1,500.00 plus costs of this action. It is the recommendation of the City Attorney that said claim be settled and that the City Auditor be instructed to draw a warrant payable to the Plaintiff in the amount of $1,500.00 and the costs of this action in the amount of $29.50. Original Notice with Petition attached is returned herewith. Respectfully submitted, R. N. Russo City Attorney P.S. For your information, Gentle- men, there was a claim filed shortly after this incident in Au- gust of 1962 and said claim was denied by the City Attorney. Mayor Pregler moved that the recommendation of the City At- torney be approved. Seconded by Councilman Sch- ultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. November 6, 1969 Honorable Mayor and City Council Gentlemen: At the meeting of the City Council on November 5, 1969, communication was received from the Park Board of the City of Dubuque, Iowa, asking that the City Council appoint Thomas G. Schrup for the portion of the term of Mr. Kingsley who is deceased. This matter was referred to your City Attorney and I have investi- gated this matter and beg to ad- vise that in accordance with Sec- tion 370.3 of the 1966 Code of Iowa the Park Commissioners shall qualify by taking the oath of of- fice within ten days after their election and organize as a board by the election of one of their number as chairman and one as secretary, and also providing for the posting of surety bond in the principal amount of $1,000.00. In view of the foregoing it is my opinion that under said Section that Mr. Schrup having been sworn can now proceed to take his seat with the present members of the Park Board and thereupon they should hold their own election for a chairman and secretary. It is my opinion that it is not necessary for Mr. Schrup to wait until January 1, 1970, to take his seat. This communication is being forwarded to the Park Board for its information and guidance. Respectfully submitted, R. N. Russo City Attorney Councilman McCauley moved that the communication be receiv- ed and filed. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Notice of Claim of Mrs. Robert R. Wolf, in the amount of $22.15, for car damage incurred as the result of striking a defective rock curb near the corner at Stafford and Rhomberg on November 2, 1969, presented and read. Councilman McCauley moved that the notice of claim be refer- red to the City Solicitor for in- vestigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. Nays — None. Notice of Claim of Elaine F. Callaghan, in an undetermined a- mount, f o r personal injuries received in a fall in Asbury Street near the curb at 1701 on October 3, 1969, presented and read. Councilman McCauley moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Notice of Claim of Edgar L. Fri• loux, in an undetermined amount, for car damage as the result of a snow and ice condition at the inter- section of Loras and Alta Vista on November 14, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- Special Session, November 1969 527 than Couchman. Carried by the fol- in support of the recommendation lowing vote: of the Planning dt Zoning Commis - Yeas _ Mayor Pregler, Council- sion. Seconded by Mayor Pregler. men Couchman, Meyers, McCauley, Carried by the following vote: Schultz. Yeas — Mayor Pregler, Council - Nays -- None. men Couchman, Meyers, McCauley, Proof of Publication, certified Schultz. to by the Publisher, of notice of Nays — None. public hearing to rezone and a- ORDINANCE NO. 39.69 mend the Zoning Ordinance and Zoning Map 3-34 so as to change An Ordinance Amending and WLR of Lot 13 of Lot 3; E% of Changing Ordinance No. 334 Cha Lot 13 of Lot 3; Lot 14 of Lot 3: known as The Zoning Map and Map Lot 15 Lot Lot Lot 13: Zoning Ordinance of the of Lot 2 off 2 of 177 of Lott 3:; Lot 1 of Dubuque so as to change certain 2 of 2 Of 17 of Lot 3; Lot 2 of 2 of property hereinafter described from "Multiple Residence District' Lot 18 of Lot 3; Lot 1 of Lot 2 o- Classification to "Single Family Lot 18; Lot 19 of Lot 3; all of Min Residence District' Classification, oral Lot 90; Lot 2 of 2 of 1 of 1 of t said Ordinance having been pre - of M. L. 89; L.ot 1 of 5 of Lot I viously presented and read at the of M. L. 89; Licit 1,2,3,4, Lot 1 of Council meeting of October 15, 5, Lot 2 of 5. Lot 1 of 1 of 1969, presented for Final Adop- 6; Lot 2 of 6; Lot 2 of 1 of 6 of tion. Block II Hamblin Sub. from Multi- ORDINANCE NO. 3969 ple Residence District Classifica- AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 331 tion to Single Family y Residence g KNOWN AS THE ZONING MAP AND District Classification, presented ZONING ORDINANCECAGY E SO OF THE OF NGE and read. CERTAIN PROPERTY HEREINAF. Mayor Pregler moved that the ULTI PEE RESIDENCEDDIS FRORMCTMCLAS- proof of publication be received SIFICATION TO "SINGLE FAMILY and flied. RESIDENCE DISTRICT"CLASSIFI Seconded b Councilman MeY- y CATION BYTOyHEHCITYFCCOUNCIILITO CITY ers. Carried by the following vote: DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 Map and Zoning Yeas - Mayor Pregler, Council. Known as the Zoning Ordnance of the City of Dutwque, Iowa, men Couchman. Meyers, M c- be and the same is hereby amended by from "Multiple Residence Dis- Cauley, Schultz.tri[t" changing Classification io "Single Family Classification the fa - Nays — None. Frank and Sam Pusateri, owners Res dence District" lowi,,i, dri of c lotlt113r Ofl lot! 3e ofto-witMineral of Lot 15 and 16 of the Sub. of Lot Of lot 13 01 101 3 of neral LOt 90 Lot 13 Of lot 3 Of Lot 3 of M. L. 90 stated that they Lot 3 of Mineral Lot 90; Lot 15 of lot 3 of Lot held title t0 the Said two lots they have mineral LOT 90; Mineral Lot 90; Lot 2 of Lot 2 of lot v of lot 3 of Mineral since October 1961 and submitted proposed plans for an lot 2 of Lot 0Lt°10f 9f a01MitwalLOT LOT "9 apartment complex to the Build- LOT 2 of Lot 2 of Lot I of 1a of Lot 3 ot ing Department. They requested from ofMieor'I10L01390;fLMineralILot I is2+fa 10r 3 a Mineral Lot 90; that their lots be removed Mr. Don- I,of 19 of La! 2 01 101 2 of lot 1 of lot 1 of 1 °t 101 any request for rezoning. Delmar lot 101 Mineral Lot a9; I f lo, 1 Of Mineral LOt fig; all in ald Bechen, Walter Pitz, Gavin, all requested the rezon, 5 Of the City Of Dubuque, Iowa; and 1 31 , lot , UI tot s, lot o, ing to Single Family due to the Lot 2 of lot s1 l01 1 of Im lot 1 0l lot to in court arca, outside of the Pusateri Hambllino+Subf 6 Bloc Kt 11 alllot cry o+ Dubuque, lots, are all single family dwell- dIV'S'Dn 01, in the Iowa adopted this t/ ings. After considerable lengthy dfs- Passed. -p roved and day of Novembewaiter A Pregler cussion Mayor Pregler moved that Mayor McCauley discussion be. closed. Seconded by ('ouncilntan Couch- Sylvester Martin F. Schultz Donald R.MO rumen man. Councilmen Carried by the following vote: Yeas -- Mayor Pregler, Council- ATTEST: Leo F. Frommelf men Couchman, Meyers, M c - City CIerK1n rho Telagra;)h P.blished orficfalttyis 201h day Of NO Newspaper Caule Schultz. Y Herald vember IW Leu F Frommell Nays --- None. City CIerK it 1120 Councilman Couchman moved 528 Special Session, November 17, 1969 Councilman Meyers moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider a- mending the Zoning Ordinance and Zoning Map No. 3.34 so as to change all of Block "C" and Block "D" and the following por- tion of Block "A" described as that portion of Lot 1 of Block "A" in Highland from Single Family to Multiple Residence District Classification, presented and read. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Communication of C. J. May, Jr. attorney, requesting permission to address the Council relative to re- zoning of Highland, as a repre- sentative of Len Timmerman. Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Mr. C. J. May, Jr. addressed tht, Council by stating that the area proposed to be rezoned to Multi- ple Residence in "Highland" is on a sloping terrain and is in a valley. The homes situated adja- cent to the property and lying to the south are higher in eleva- tion and would not be adverselv affected by the proposed rezoning. Mr. Alan B. Chidley presented a petition signed by fifty three citizens in the area objecting to the rezoning of the area to Multiple Classification. Mr. Dick Davis ob. jecting to the rezoning on the basis of devaluation of the single family property area. ORDINANCE NO. 40.69 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 Residence District" Classifica- tion. said Ordinance having been previ. ously presented and read at the Council meeting of October 15 1969, presented for final adoption. ORDINANCE NO. 4"0 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE E CilE OF DUBUQUE 0AS CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM "SINGLE FAM. ILY RESIDENCE DISTRICT" CLASSI. FICATION TO "MULTIPLE RESI- DENCE DISTRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE CITY .COUNCIL OF CITY Section 1. That Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the Clty of Dubuque, Iowa, be and the same is hereby amended by changing from "Single Family Resi- dence District' classification is "Multi- ple Residence District" Classification the following described real estate, to -wit: All of Block "C" and Block. "D" and the following portion of Block A described as that portion of Lot 1 of Block A In "Highland" In the City of Dubuque, Iowa, described as follows: Beginning at the northwest corner of said Lot 1 of Block A, thence North 871 2142' East a distance of 154.41 feel, thence South 79' 17' East a distance of 93.15 feet, thence North 811 32' East a distance of 365.52 feet, thence South 4° East a distance of 530 feet more or less to the south line of said Lot 1 of Block A, thence West along said south line a distance of 100 feet to the southwest corner of said Lot 1 of Block A, thence Northerly along the west line of said Lot 1 ofBlock A to the Place of beginning, all In Highland Subdivision In the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of Novernber, 1969. WALTER A, PREGLER Mayor SYLVESTER MCCAULEY MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 20th day of No- vember, 1969. Leo F. Frommelt 1t 11.20 City Clerk. Councilman Couchman moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. ORDINANCE NO. 45.69 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection 29, a new subsection 30 and a new subsection 31 of section A of schedule IV to limit parking of motor vehicles on Special Session, November 17,1969 529 streets hereinafter designated, nance No. 3349 known as the presented and read. "Traffic Code of Dubuque, Iowa" Councilman Meyers moved that as amended, by enacting a new the reading just had be consider- subsection S to section C of sche- ed the first reading of the Ordi- dule X thereof, to require East- bound vehicles to yield right of nance.Seconwaybefore enteringthe inter - Carried by Mayor 1 n gle. setion of Forest Lane and Booth Carried by the following vote: Yeas — Mayor Pregler, Council Street, resented and read. men Couchman, Meyers, M c . p Cauley. Schultz. Councilman Meyers moved that Nays — None• the reading just had be consider - Councilman Meyers moved that ed the first reading of the Ordi- the rule requiring an Ordinance nance. to be read on three separate days Seconded by Mayor Pregler. be waived. Carried by the following vote: Seconded by Councilman Couch yeas — Mayor Pregler, Council- men Couchman, Meyers, Me - man. e - man. Cauley, Schultz. Carried by the following vote: Cauley,Nls —None. Yeas — Mayor Pregler, Council y men Couchman, Meyers, M c - Councilman Meyers moved that Cauley, Schultz. the rule requiring an Ordinance to Nays — None. be read on three separate days ORDINANCE NO. 469 be waived. AN ORDINANCE AMENDING ORCI NANCE NO. 3349 KNOWN AS THE Secanded by Councilman Couch. "TRAFF'C COUE OF DUBUQUE, man. IOWA" AS AMENDED. BY ENACT ING A NEW SUBSECTION ", A Carried by the following vote: NEW SUBSECTION 30 A14D A NEW yeas — Mayor Pregler, Council - SUBSECTION 31 OF SECTION A OF SCHEDULE CMOTOR IV TO OCLES LIMIT PARKINSTREETS men Cauchman, Meyers, Mc - HEREINAFTER DESIGNATFr1 Cauley, Schultz. NOW CETY COUNCILIT ORDATHE CIED Nays — None. BYTY ORDINANCE NO' 4169 OF DUBUQUE, IOWA. Section 1. That Ordinance No. 339 AN R. DINANCOENNO. 37 9EKNOWNOAS known as the "Traffic Code Of UoouOue. 'THE "TRAFFIC CODE OF DU, Iowa" as amended be and the same r BUQUE. IOWA" AS AMENDED, B is hereby amended by•enac ing a new ENACTING A NEW SUBSECTION 5 subsection 29, a new subsection 30, and TO SECTION C OF SCHEDULE X e new subsection 31 to Section A of Sched- THEREOF. TO REQUIRE EAST- ule IV as follows. BOUND VEHICLES TO YIELD TER Schedule IvIEFORE WAY A. 29. South srde of cast 12th Street RNGHTHEFINTERSECT ON OFFOR from While Street f0 Jackson EST LANE AND BOOTH STREET. Street, NOW THEREFORE BE IT ORDAINED 30. Norm side of East 131h Street BY THE CITY COUNCIL OF THE CITY from Elm Street to Washmrd, OF DUBUQUE, IOWA. ton Street. Section 1. That Ordinance No. 3349 31 South side of East 1Rh Street as amended, known as Itie "Traffic Code of Dubuque, Iowa,, be and the tram White Street to Jack mended by adding son Street. of Passed, approved and adopted tr..s qtn ae new11sUbseCttpn 5 10 Section C day of November. 1969. Schedule X thereof es follows: Welter A Pregler Schedule X.eld be - Mayor C Eastbound vehiclmust yield I Sylvester McCauley tore entering Ire intersection treet:. Merlin F Schultz $. Forest Lane and opted this Donald R. Meyers Pessed, approved and Gaylord M COuthman I'th day of November, 1969. Councilmen Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerkly In In, Telegraph Published ollltlajnls 201h day of Nov, Herald Newspaper ember, 1969' Leo F. Frommell city Clerk ATTEST Leo F. Frommelf City Clerk Published officially in,the Tt1e99"P" Herald Newspaper this 201h day 01 No vember 1969 Leo F. Fr0mme11 N. 11 ?o City C1f1r Y. Councilman Meyers moved final adoption of the Ordinance . Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays --- None. ORDINANCE NO. 4669 An Ordinance Amending Ordi• 1t. 1t 20 eyers moved final Councilman M adoption of the d Ordinance. . Seconded by vote: Carried by the following Yeas — Mayor Pregler, Council- 530 Special Session, November 1 1969 men Couchman, Meyers, M c - Caulcy, Schultz. Nays — None. ORDINANCE NO 47.69 An Ordinance Amending Ordi- nance No. 33-49 known as The "Traffic Code of Dubuque, Iowa" as amended by enacting a new Subsection 6 to Section D of sche- dule X thereof to require west- bound vehicles to yield right of way before entering the interse- tion of Forest Lane and Booth Street, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Me - Cauley, Schultz. Nays — None. ORDINANCE NO. 4769 AN ORDINANCE AMENDING OR DINANCE NO. 3349 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ENACT ING A NEW SUBSECTION 6 TO SECTION D OF SCHEDULE X THEREOF TO REQUIRE WEST- BOUND VEHICLES TO YIELD RIGHT OF WAY BEFORE ENTER ING THE INTERSECTION OF FOR. EST LANE AND BOOTH STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3349 as amended known as the "Traffic Code of Dubuque, Iowa" be and the same is hereby amended by adding a new subsection 6 to Section D of Schedule X thereof as follows: Schedule X. D. Westbound vehicles must yield be. fore entering the intersccti0h of: 6. Forest Lane and Booth Street. Passed, approved and adopted fill-, 11th day of November, 1969. Walter A. Pregler Mayor S Ivester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In the Telegraph. Herald Newspaper this 1091 day of Nov ember, 1969. Leo F. Frommelt it. 11.20 City Clerk Councilman Meyers moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. ORDINANCE NO. 48-69 An Ordinance Amending Ordi- nance No. 33.49 known as The "Traffic Code of Dubuque, Iowa" as amended by enacting a new Subsection 104 of schedule VI thereof to prohibit the parking of a motor vehicle on the east side of Elm Street from 19th Street to 20th Street and on the west side of Cox Street from Kirkwood Street to Loras Boulevard, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. ORDINANCE NO, 4669 AN ORDINANCE AMENDING ORDI- NANCE NO. 3349 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ENACT- ING A NEW SUBSECTION 103 AND A NEW SUBSECTIUN 104 OF SCHE DULE VI THEREOF TO PROHIBIT THE PARKING OF A MOTOR VE HICLE ON THE EAST SIDE OF ELM STREET FROM 19th STREET TO 10th STREET AND ON THE WEST- SIDE OF COX STREET FROM KIRKWOOD STREET TO LORAS BOULEVARD, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3349 as amended, known as the "Traffic Code of Dubuque, Iowa" be and the same is hereby amended by enacting a new subsection 103 and a new sub section 104 to Schedule VI thereof, re spectiveiv as follows: Schedule VI 103. On the East side of Elm Street from Nlneteenfh Street to Twen- tieth Street. 104. On the West side of Cox Street from Kirkwood Street to Loras Boulevard. .f Special Session, November 17, 1969 531 lased, SPPrvved Ona adopted this 11th day of November, 1969 Walter A Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In the Telegraph -4erald Newspaper this 20th day of Nov ember 1969 Leo F. Frommelt City Clerk It 1120 Councilman Meyers moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. ORDINANCE NO. 49-69 An Ordinance prescribing re- gulations for the use of the City of Dubuque, Iowa Street Municipal Parking Garage, fixing fees for use thereof, prescribing powers of City Manager in connection there. with, and providing penalties for violation thereof, presented and read. Councilman Meyers moved that the reading just had be Consider- ed the first reading of the Ordi. nance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c-Cauley, Schultz. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council, men Couchman, Meyers, Mc- Cauley, cCauley, Schultz, Nays — Noose. OROINONct- No. AY.6V AN ORDINANCE PRLSC-IBING RE GULAtioti rR Til US[,THE CITY OF DUBUQUE IOWA SOTPEET F,XNGMUNICIPAL FELSP OR LSE 1HLRE0ARKING , pliESCiciTY MANAGERItIN ONNSECTION THEREWITH, AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT Y ORDAINED BTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. The City Manager snail cause to be Installed in the Iowa Street reet NWnlclpe. Perking Garage appropriate .IV\IL416 to pruv,de for the collection of Net. and the requla"C'", coe" and In -paKtloi, of motor vehlclas Parked therein. Section 2. Each motor vehiUe parked in the iowa Street Municipal Parking Garage shall be parked within such parking spaces as are established and desgrated by apprepriafe markings and Bach motor vehicle operated or moved therein and therefrom shall be operated or moved within the traffic lanes estab Ilshed and designated by appropriate markings. It shall be prohibited for any person, firm, association or corpora tion to cause, allow, permit or suffer any motor vehicle registered in the name of such person, firm, association or corporation to be parked In the Iowa Street Municipal Parking Garage in a position not entirely within such marked parking space or In such a manner as will obstruct the free move Ment of motor vehicles in such marked traft,c lanes. Section S. No motor vehicle shall be backed into a parking space except In those spaces which are laid off at right angles to the designated traffic lanes. Section 4, No Operator of a truck vehicle, other than a pickup truck, shall operate or drive such truck vehicle into or in the Iowa Street Municipal Parking Garage. Section S. NO operator of any motor vehicle having projections therefrom in excess of six feet nine Inches in height or which is in excess of six feet nine inches (6'9") in height, shall operate or drive Into or in the Iowa Street Municipal Parking Garage such motor vehicle, section 6. Use o1 the IOWA Street Municlpal Parking Garage "it be limit ed to tthe parking and storage Of motor vehlCles for a Period not to exceed tyle maximum o1 tweniytour hours In e single parking period, except that the City Manager may reserve certain parking spaces thereinto tenants upon h basis u Irl advance of themonthlyrental charge• foo," y. No person, firm, atll"101on V corporation shall clean out or wash motor vehicles, change tires, change oil, or make repairs to any motor vehicles parked In theIowa Street Munl. clpal Parking Garage, except such neces- sary work to start or move a motor vehicle from be Permitted IgParking or suchPurposes only. Section e. The City Manager shall designate the hours during which the Iowa Street Municipal Parking Garage will be open for trant parki Of such ng busi. nes%. He shall publish ice hours by prominently displaying such City Manager shall parking the City Council Informed of the hours of opening and closing thereof or any change of such hours. It is Intended hereby that regular ser vicehours shell be established for OPWatlon the 0} the Iowa Slraet Mlrrsld pal Parking Garage, but in addition, Qermit tie I IIS ad I,p rrs can be operated accord• Par kln9 Garage ectal events Ing to serv) ye P` ^de P emenis. end h0lidaY The CitY Meneg er, with S Colon 9. the aaDMwaI of the City eP es CoaI uncil, shor all fix and este otshmotorf vehicles Inarttle ilit for parking SUCK Sea% and h gel shat lkbe Published by Do%11ng thereof prominently within tin IOWA Sftwl Munlclpal Parking Gar ape.spaces Neees abl shedeenducmorked^and the appropriale devices for the Collection pf fees and Charges antl the regulbtlOn Installed OI motor vehicles haveebeenWestablished anti parking ked, then it shall be unlawful and P Ot this Ordinance for old a violation ally person, firm. a%%ociauon or corpora tion to cause, allow, perrtlll or suf/ar any motor YehIc11% regi stared in the name 0} r such Pers be fiparked sso„1at 11000 Or c.r PO 532 Slvecial Session, November 17, 1969 Iowa Street Municipal Parking Garage without paying the required fee as estab- lished. On particular occasten, times or days, the Iowa Street Munlclpal Parking Garage may be opened to the general public without tee payment, at such tires it shall be lawful for any person fo allow or per- r any vehicle registered In such person's name to he parked in the Iowa Sheet Municipal Parking Garage without payment of fee. Section 11. It shall be the duty of the City Manager to appoint some per. sort or persons t0 operate the Iowa Street Municipal Parking Garage, keep records of its operation, collect fees, record and deposit such fees and place them in the Parking Meter Fund. Section 12. Any person violating any provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Hundred Dollars ($100.00), or upon failure to pay such fine, shall be imprisoned for a period not exceeding thirty (30) days. Section 13. This Ordinance shall be in full force and effect from and after its final passage, adoption and publico tion as required by law. Passed, approved and adopted this 17th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilman ATTEST: Leo F. Frommel, City Clerk Published officially in the Telegraph. Herald Newspaper this 201h day of No vember 1969 Leo F. Frommelt City Clerk it 11 20 Councilman Meyers moved adop- tion of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. ORDINANCE NO, 50.69 An Ordinance Amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Section 16.9 thereof and enacting a new Section 16.9 in lieu thereof, pro- hibiting the Parking of Motor Vehicles in Bus Stops, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi nance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, Mc- Cauley, Schultz. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. ORDINANCE NO. 500 AN ORDINANCE AMENDING GROI NANCE NO. 3349 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY REPEAL ING Section 16.9 THEREOF AND BY ENACTING A NEW SECTION 16.9 IN LIEU THEREOF, PROHIBITING THE PARKING OF MOTOR VEHI CLES IN BUS STOPS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No 3349 be and the same is hereby amended by repealing Section 16.9 thereof and enacting a new section 16.9 in lieu thereof as follows: "16.9 Where spaces have been set apart by signs or markings for bus stops, or passenger zones, it shall be unlawful during the hours of bus operations, from 6:00 A.M. to 930 P.M, on Monday and Friday and from 6.00 A.M. to 6:30 P.M. on Tues day, Wednesday, Thursday, and Sat. urday of each week, public holidays excluded, and from 6:00 A.M. to 9:30 P.M. on the days of the week during the "Christmas Shopping Days" de- signated by the bus company, for the Operator of any vehicle, other than a bus, to stand or park in any such officially designated bus stop, except that the operator of any pas senger vehicle may temporarily stop in any such bus Space or stop for the purpose of and while actually engaged .n the loading or unloading Of passengers." Passed, approved and adopted this 11th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommell City Clerk Published Officially In the Teleuraph Herald Newspaper this 20th day of Nov ember 1969. Leo F. From melt It. Ii City rl---1, 20 Councilman Meyers moved final adoption of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Petition of Iowa National Invest- ment Co. & J. H. Selllitz Trust requesting rezoning of Lot 1 of 1 Lot 2 of 1, Lot 2 of 2 of Bryne Subdivision, Lot 2 of 1 of Bonson & Stewart Subdivision, Lots 1 to 5 Bryne Sub. No. 2 to Local Busi- ness "B" classification, presented and read. Councilman McCauley moved that the petition be referred to the Planning & Zoning Commis- sion. Special Session, November 17, 1969 533 Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. Petition of Dubuque County Tuberculosis and Health Associa- tion requesting permission to dis- tribute bangles on November 28th and 29th at the shopping centers and also downtown, presented and read . Mayor Pregler moved that per- mission be granted for Downtown distribution, realizing that the Council cannot speak for shopping centers, all subject to approval of the City Manager. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c . Cauley, Schultz. Nays — None. Petition of John J. Heiderschiet requesting permission to connect to sewer and water at the corner of Jackson and Euclid Streets, pre. sented and read. Mayor Pregler moved that the petition be referred to the City Manager for investigation and re- commendation. Seconded by Councilman Schu. ltz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays —None. November 11, 1969 Honorable Mayor and City Council Gentlemen: That on the 4th day of Novem- ber, 1969, Barbara R. Robinson died intestate in the City of Du- buque, Iowa, and at the time of her death she was the owner of the following described real estate. Easterly half of LOt 352 in East Dubuque No. 2 in the City of Dubuque, Iowa, according to the recorded plat thereof. Administration proceedings were commenced at that time by . Ed C. Tschudi at the request o the State Board of Social Welfare and efforts were made to sell the said real estate through the estate at that time. That said Ed C. Tschudi passed away on February 27, 1963, and thereafter the State Board of So. cial Welfare requested R. N. Russo to act as Administrator in order to finally dispose of the admini- stration of this estate. Since 1961 numerous efforts were made to sell said real estate and no offer in excess of $500.00 was able to be secured. On August 21, 1969, the Court entered an order authorizing the successor administrator, being the undersigned, to sell said real estate for $1,000.00 to James Swift of Dubuque, Iowa. However, there are unpaid gen- eral taxes and unpaid special as. sessments levied against said pro- perty in the total amount of $1.729.75 and that the same was sold to Dubuque County for the sum of $1,149.17. The proceeds of the sale of said real estate are not sufficient to pay for said general taxes and special assessments and it is ex- pected that from the proceeds of sale the sum of approximately $400.00 will remain to be applied toward the taxes and special assessments. This writer has communicated with the Board of Supervisors and they are in agreement that they will compromise and settle the general taxes on the basis of two-thirds of the net proceeds from said estate paid to the County provid- ing that the City of Dubuque com- promise and settle for the total special assessments on the basis of one-third of the net amount remaining after the payment of expenses and debts and costs of administration of said estate. It should be born in mind that while this is not a profitable ven- ture, this matter has been hang- ing fire for some eight years. The property is in a state of deprecia- tion and the sale of said property to an individual, of course, would place said property upon the tax roll. It would be further understood that the buyer would demolish said premises thereby eliminating the need of the City of Dubuque to condemn said property and to demolish the building and thereby incurring additional able by whichense would onlyy as. 534 Special Session, November 17 1969 serting a lien against the property for same. Respectfully submitted, R. N. Russo City Manager Councilman Couchman moved that the communication be receiv- ed and filed made a matter of record. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - CauIey, Schultz. Nays — None. RESOLUTION NO. 376-69 WHEREAS the communication of R. N. Russo, Administrator of the Estate of Barbara R. Robinson, deceased, has been submitted to the City Council; and WHEREAS it appears said estate has sold the only parcel of real estate in said estate to .Tames Swift for the sum of $1.000.00 which real estate is described as follows: Easterly half of Lot 352 in East Dubuque No. 2 in the City of Dubuque, Iowa, according to the recorded plat thereof. WHEREAS there are special assessments in the total amount of $580.58 levied against said real estate in addition to general taxes in the amount of $1,147.67; and WHEREAS, the Board of Super- visors of the County Dubuque have a,r+reed to compromise the general taxes and settle same on the basis Of payment of two-thirds of the net proceeds remaining on hand in said estate after the payment of expense of admini%tration and costs incurred therein; and WHEREAS the City of Dubuque should compromise and settle the special assessments levied against said real estate in the amount equivalent to one-third of the cash balance on hand in said estate after the payment of the costs and expenses of administration, NOW THEREFORE BE IT' RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the City Mana. ger and City Treasurer be and they are hereby authorized and directed to compromise the special assessments }evied against the real estate hereirabove described in an amount equivalent to one-third of L the net cash proceeds remaining on hand in said estate after the payment of expenses and costs of administration and upon payment of two-thirds thereof to Dubuque County in compromise and settle. ment of the general taxes levied against said real estate. Swtion 2. Be it further resolved by the City Council that the City Manager and the City Treasurer be and they are hereby authoriz- ed and directed to do any and all things necessary and incidental to the compromise and settlement of said special assessments. Passed, approved and adopted this 17th day of November. 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Me- Cauley. Carried by the fololwing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M e - Cauley, Schultz. Nays — None. RESOLUTION NO. 377-69 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 Cigaret- tes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. John J. Glynn, 431 Rhomberg Avenue Richard T. Hillard, Prince & East 22nd Street Ronald Blakeman, 1902 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the application be approved. Passed, adopted and approved this l7th day of November, 1969, Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Special Session, November 17, 1969 535 Attest: i Leo F. Frommelt City Clerk Councilman Coachman moved adoption of the resoultic L Seconded by Councilman Mey ers. Carried by the following vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, Me - Caulcy, Schultz. Nays — None. RESOLUTION NO. 37"9 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 John Richard Henry, 1646 Asbury Street Richard T. Hillard, Prince & East 22nd Street John J. Glynn, 431 Rhomberg Avenue Ronald Blakeman, 1902 Central Avenue Passed, adopted and approved this 17th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, Mc- Cauley, c- Cauley, Schultz. Nays — None. RESOLUTION NO. 379.69 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 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 follow. ing named applicants a Beer Per. mit. CLASS "B" BEER PERMIT John Richard Henry, 1646 Asbury Street Richard T. Hillard, Prince & East 22nd Street John J. Glynn, 431 Rhomberg Avenue Ronald Blakeman, 1902 Central 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 17th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Coachman moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc, Cauley, c- Cauley, Schultz. Naps — None. RESOLUTION NO. 38019 WHEREAS, applications for U- quor Permits have been submitted d to this Council for approval the same have been examined. NOW THEREFORE BE IT RF_ Council of SOLVED by Iowa, that the City of Dubuque, the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQVOR CONTROL ACT TbY CHAPTER 123--a the 60th General Assembly. ]963. Cisss "C" CommerCial Establish - ^"^t L646 Asbury John Richard Henry. Street Richard T. Hillard, Prince & East 22nd Street 536 Special Session, November 17, 1969 John J. Glynn, 431 Rhomberg Avenue Ronald Blakeman, 1902 Central Avenue Passed adopted and approved this 17th day of November, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, Mr. Cauley, c- Cauley, Schultz. Nays — None. RESOLUTION NO. 381.69 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 be authorized to cause to be issu. ed to the following named appli. cants a Liquor Permit. Claes "C" Commercial Establish- ment John Richard Henry, 1646 Asbury Avenue Richard T. Hillard, Prince do Fast 22nd Street John J. Glynn, 431 Rhombreg Avenue Ronald Blakeman, 1902 Central Avenue Passed, adopted and approved this 17th day of November 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, Mc. Cauley, c- Cauley, Schultz. Nays — None. There being no further business Councilman McCauley moved to g adjourn. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays — None. Leo F. Frommelt City Clerk Approved ..March 2 t...... 1970 Adopted Ma.T ch 2 ................................ 1970 --W Regular 6ession, December 1, 1999 537 CITY COUNCIL OFFICIAL Regular Session, December 1, 1969. No members of The City Coun- cil being present the meeting was adjourned subject to call. IAq) F. Frommelt, City Clerk March 23 Approved March 23 1970 City 538 Special Session, Decrmher 5, 1969 CITY COUNCIL OFFICIAL Special Session, December 5, 1969. Council met at 7.00 p.m. (C.S.T.) Present — Mayor Pregler, Coun- cilmen Couchman, Schultz Absent — Councilmen Meyers, McCauley, City Manager Gilbert D. Chavenelle. (out of city). Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of ADOP- TING RESOLUTIONS FOR AP- PROVAL OF BEER AND LIQUOR LICENSES, and acting upon such other business as may properly come before a regular meeting of the City Council. RESOLUTION NO. 38269 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 Raphael William Grant, 3050 As- bury Street Russell E. Myers, 1618 Central Avenue Clara L. Johnson, 1543 Central Avenue Richard Hantelmann, 902 Main Street CLASS "C" BEER PERMIT Great Atlantic & Pacific Tea Co., 1101 Central Avenue Mrs. Helen O'Mara, 1397 Washing- ton Street Passed, adopted and approved this 5th day of December, 1969. Walter A. Pregler Mayor Merlin F. Schultz Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Schultz. Nays — None. Absent -- Councilman Meyers, McCauley. RESOLUTION NO. 383-69 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 dir- ected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Raphael William Grant, 3050 As- bury Street Russell E. Myers, 1618 Central Avenue Clara L. Johnson, 1543 Central Avenue Richard Hantelmann, 902 Main Street CLASS "C" BEER PERMIT Great Atlantic & Pacific Tea Co., 1101 Central Avenue Mrs. Helen O'Mara, 1397 Washing- ton 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 5th day of December, 1969. Walter A. Pregler Mayor Merlin F. Schultz Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the: resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Schultz. Nays — None. Absent — Councilman Meyers, McCauley. RESOLUTION NO. 384.69 WHEREAS, applications for Li- quor permits have been submitted to this Council for approval and Special Session, December 5, 1969 539 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 Raphael William Grant. 3050 As- bury Road Clara L. Johnson, 1543 Central Avenue Frank J. & Phyllis Licciardi, 504 Bluff Street Passed, adopted and approved this 5th day of December, 1969. Walter A. Pregler Mayor Merlin F. Schultz Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Schultz. Nays — None. Absent — Councilmen Meyers, McCauley. RESOLUTION N0. 385.69 WHEREAS, applications for Li- quor Permits were fiidand they d by the within named applicants 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 i issued su d to the following named app a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Raphael William Grant, 3050 As- bury Road Clara L. Johnson, 1543 Central Avenue Frank J. & Phyllis Licciardi, 504 Bluff Street Passed, adopted and approved Chis 5th day of December, 1969, Walter A. Pregler Mayor Merlin F. Schultz Gaylord M. Couchman Councilmen Attest, Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Schultz. Nays — None. Absent — Councilmen Meyers, McCauley. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Schultz. Nays — None. Absent — Councilmen Meyers, McCauley. Leo F. Frommelt City Clerk Approved ..... ....Ch 2.. , 1970 Adopted March 23,..... 1970 t v pity Clerk. 540 Adjourned Regular Session, December 8, 1969 CITY COUNCIL OFFICIAL Adjourned regular session, De- cember 8, 1969. Council met at 7:30 p.m. (C.S.T.) Present — Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is an ADJOURNED MEETING OF THE REGULAR MEETING OF DECEMBER 1, 1969, called for the purpose of acting upon such busi- ness as may properly come before the meeting. Communication of Project Con- cern urging the Council to set up a Housing Authority, presented and read. Mayor Pregler moved that the communication be referred to the Council and instructed the City Manager to set up a meeting with Project Concern. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Printed Council proceedings for the months of June and July 1969 presented for approval. Mayor Pregler moved that the Council proceedings for the months of June and July 1969 be approved as printed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Communication of Dubuque Ad- visory Commission submitting a resolution adopted at their meet. ing of November 25th "For the year 1970, payable in 1971 that the Dubuque County property tax statement "breakdown" show a per- sons taxes to reflect which part goes to: education, county, and City, and the percent increase of each over the prior year in order that a taxpayer may better see where his taxes are going" presented and read. Councilman Meyers moved to concur in the Dubuque Advisory Commission proposition. Seconded by Councilman Couch- man. Carried by the following vote:: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. November 24, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the report of the City Water Department for the month of October, 1969. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the report be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, 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 October, 1969, presented and read. Councilman Meyers moved that the proof of publication be receiv- ed and filed . Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. November 25, 1969 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and policy, and desire to have your approval on same. Comprehensive Liability Fynn Company, Inc., The Western Casualty & Surety Co. SIDEWALK Arthur Enloe, Merchants Mutual Bonding Company Richard Huseman and Louis Huse - man, Merchants Mutual Bonding Company Respectfully, Gilbert D, Chavenelle City Manager Adjourned Regular Session, December 6, 1969 541 Mayor Pregler moved that the policy and bonds be filed subject to approval of the City Solicitor. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays — None. November 26, 1986 To the Honorable Mayor and City Council Gentlemen: Attached is a request of the Salvation Army requesting permis- sion to place a hooth on Main Street. Because of the timing of the petition, I have given permission to place the booth. Will you please affirm my action. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of Manager's action. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. December 1, 1989 To the Honorable Mayor and City Council Gentlemen: The term of Mr. Howard Higley as a member of the Board of Elec. trical Examiners expires December 31, 1969. He has said that he would accept re -appointment to the Board. I suggest that Mr. Higley be ap- pointed for a new term on the Board for a period of six years. lie is the registered electrical contrac- tor on the Board. I am enclosing a copy of the City Electrical Ordinance for your Information. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved approval of the appointment. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Some discussion arose as to ex• pired term of Mr. Howard Higle) on the Electrical Board of Appeal ind that the same personnel should not be used on both boards. Mayor Pregler moved that the matter be referred to the City At. torney for investigation and re- port. Seconded by Councilman Me. Couley. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays — None. December 1, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of Mrs. Marie Nagelmaker re- questing that a connection be al- lowed for sewer and water service at 3670 Central. I am also returning the petition of John J. Heiderscheit requesting that sewer and water connections be. made at 3700 Jack - .son. Both of these properties are outside the city limits. I suggest that for the present both of these petitions be denied until there is an opportunity to reconsider the city policy of ex- tending sewer and water services beyond the city limits. I believe that it is imperative that the pol- icy be reconsidered and your staff will start immediately to gather information for your consideration. I am attaching letters from Mr. Hail and Mr. White which pertain to the Nagelmaker petition. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. December 4, 1969 To the Honorable Mayor and City Council Gentlemen: O'Connor, I have engaged Brooks, Ahrendt and Brooks, Cert- ified Public Accountants, to audit the records of the City of Dubuque for the year 1969. It is necessary that the appointment be made at this time because the auditors must verify the cash position of the city and the asu is of the Police and 542 Adjourned Regular Session, December 8, 1969 FYre Retirement System on January 1. Will you verify my action. Respectfully Gilbert D. Chavenelle City Manager Councilman Schultz moved ap- proval of the recommendation. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. November 17, 1969 Hon. Mayor & City Council Gentlemen: On October 13, 1969, Edward G. Schulz of 429 Clark Street, this city, filed claim against the City of Dubuque, Iowa alleging dam- ages on October 9, 1969 to his motor vehicle in the amount of $200.00 as the result of a tree limb falling on said vehicle while same was parked at the above address. This matter was referred to the appropriate City Agency and the City Attorney was advised by let- ter from said agency after its in- vestigation of this matter of no liability and in view of the fore- going it is the recommendation of the City Attorney that the claim of Edward G. Schulz be denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. November 17, 1969 Aon. Mayor & City Council Gentlemen: On October 6, 1969, LaVerne 0. Miller of 1570 Pine Street, this City, filed claim against the City of Dubuque, Iowa alleging dam- ages to his motor vehicle in an estimated amount of $39.14 as the result of a tree limb falling on said vehicle. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the L. foregoing it is the recommenda- tion of the City Attorney that the claim of LaVerne O. Miller be denied. Original Claim is attached here- to. Respectfully submitted R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. November 19, 1969 Hon. Mayor & City Council Gentlemen: On September 23, 1969, R. J. Kuefler of 1560 Ruann Drive, this city, filed claim against the City of Dubuque, Iowa alleging dam- ages to his motor vehicle in an es- timated amount of $238.17 as the result of a tree limb falling on said vehicle while same was park- ed at or near 195 S. Grandview Avenue, Dubuque, Iowa. This matter was referred to the appropriate City Agency who made and investigation thereof and re- ported by letter to this office of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of R. J. Kuefler be denied. Original claim is attached hereto. Yours very truly, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. November 28, 1969 Hon. Mayor & City Council Gentlemen: On November 14, 1969, Edgar L. Friloux of 8011 So. St. Lawrence, filed claim against the City of Dubuque alleging damages to his vehicle in an undetermined amount by reason of a collision on Loras Boulevard at Alta Vista on the 14th day of November, 1969 at 3:35 P.M. claiming thereat a condition of ice on roadway mixed with snow caused his motor vehicle to -4r Adjourned Regular Session, December 8, 1969 543 slide and that further alleging that the roadway had not been sprink- led with salt or plowed at the time of the accident, even though it had been snowing for some five hours. I have made an investigation of this matter and find that from the report of the Street Commissioner that on November 14, 1969 the salt trucks covered Loras Boulevard from Bluff to University at 1:30 A.M., at 3:25 P.M., at 8:00 P.M. and rechecked at 1:00 A.M. on November 15, 1969 and it further appears that the operator of said salt truck covered one side of the street and returned on the other side at approximately 3:25 P.M. In view of the foregoing it ap- pears there is no liability on the part of the City of Dubuque, Iowa for the claimed damages of Mr. Friloux and therefore it is the recommendation of the City At- torney that said claim be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman Meyers moved that the recommendation of the City Attorney be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. November 26, 1969 Hon. Mayor & City Council Gentlemen: On October 22, 1969, Francis White of 588 Jefferson Street, Du. buque, Iowa, filed claim against the City of Dubuque, Iowa, alleg- ing damages to his motor vehicle in the estimated amounts of $206.32 and $245.14 as the result of a tree limb falling on said motor vehicle while same was parked at or near 1320 Alta Vista Street, this city, on October 9, 1969. This matter was referred to the appropriate City Agency who made an investigation thereof and report- ed by letter to this office of no lia- bility and in view of the foregoing it is the recommendation of the City Attorney that the claim of Francis White be denied. Original claim is attached hereto. Yours very truly, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Notice of Expiration of Right of Redemption from purchase of Bertha Trieb property by Joseph & Mattes, described as N. 34' of West 100' of Lot 7 of Sub. of City Lots 438, 439 and part of 676, Lot 1 of M. A. Rebmans Sub. of Lot I of 4 of L. H. Langworthy Sub. of Outlots 676 and 677, presented and read. Councilman Meyers moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by Cie following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Notice of Appeal of Arenz Shoe Company from the award of dam- ages for Nly 34' of Lot 32 in Town of Dubuque in the Urban Renewal Area, presented and read. Council- man Meyers moved that the notice be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays—None. Notice of Claim of John P. & Claire Hermanson of 1866 Carter Road in the amount of $5000. for property damage to home as the result of a backed -up sewer on October 19, 1969, presented and read. Councilman Meyers moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor rMcCauley, Council- men Couchman, Meyers, Schultz. Nays — None. Notice of Claim of Donald J. Steger Jr. in the amount of $17.05 for car damage incurred as the result of striking a foreign object in the intersection at Rhomberg & Elm on December 3, 1969, present- ed and read. Councilman Meyers moved that the note r foreinvest ga- to the City Solicito Adjourned Regular Session, December 8, 1969 tion and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider amend ing the Zoning Map and Zoning Ordinance so as to change Ut 1 of Sara S. &: Edward R. Bartels Place at Center Grove in M. L. 243 Section 27 in the City of Dubuque, from Local Business "B" Classifi- cation to Business District Classifi- cation, 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 May- or Pregler. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. ORDINANCE NO. 43-69 An Ordinance amending and changing Ordinance No. 3-34 known as the Zoninq Map And Zon'ng Ordinance Of The City Of Dubuque so as to change certain Property Hereinafter described from "Local Business "B" District" classification to "Business District" classification, said Ordinance having been pre- viously presented and read at the Council meeting of November 5, 1969, presented for Final Adopt- ion. ORDINANCE No. 4349 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 HEREINAF TER DESCRIBED FROM "LOCAL BUSINESS 'B' DISTRICT" CLASSIFI- CATION TO "BUSINESS DISTRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAIN- ED 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 "Local Business 'B' Dis- trict" Classification to "Business Dist ricl" Classification the following described real estate, to -w11: Lot 1 of Sara S. and Edward R. Bartels Place at Center Grove In rnineral lot 243, Section 21 in the City of Dubuque. Passed, approved and adopted this 8th day of December. 1969. Walter A. Pregler Mayor syvester McCauley Merin F. Schultz Dona'd R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Pub'ished officially In The Te'egraph- Herald Newspaper this 11th day of De- cember 1969. Leo F. Frommelt City Clerk It. 12/11 Councilman Meyers moved fin- al adoption of the Ordinance. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Proof of Publication. certified to by the Publisher, of notice of public hearing to consider amend- ing the Zoning Map and Zr)ning Ordinance so as to change Lot 1 of Sylvan Place in the City of Dubuque from Single Family Resi- dence District Classification to Multiple Residence District Classi- fication, 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 receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. ORDINANCE NO. 44.69 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 des- cribed from Single Family Resi- dence District Classification to Multiple Residence District Class- ification said Ordinance having been pre- viously presented and read at the Council meeting of November 5, 1969, presented for Final Adoption. ORDINANCE NO. 44-69 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 DIS- TRICT" CLASSIFICATION TO "MUL- -w Adjourned Regular Session, December 8, 1969 545 TIPLE RESIDENCE DISTRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 344 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 Distt ct'• Classification to "Multiple Resi- ;dence Dicttict" Classification the fol- lowing described real estate, to -wit: lot 1 of Sylvan Place in the City of Dubuque, Iowa. P rased, approved and adopted this Sth day M December1969. Walter A. Pregler Mayor Sy.vester McCauley Merlin F. Schultz Dona'd R. Meyers Gaylord M. Couchmen Councilmen ATTEST: Leo F. Frommelt city Clerk Published oHlcially I" the Telegraph Herald Newspaper this 11th day of De. cember 1%9. Leo F. Fromttlelt city clerk It 12.11 Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman. Meyers, McCauley, Schultz. Nays — None. ORDINANCE NO. 51.69 An Ordinance amending and changing Ordinance No. 3.34 I) known as the Zoning Map and Zoning Ordinance Of The City Of Dubuque so as to change Lots 4, 3, 6, 7, and B of Lot 2 of M. L. 242; and Lot I of 1, Lot 2 of 1, and Lots 2. through 11 in- clusive, in Brunskill's Addn.; Lot 4 of Block 15 in Steger Heights from Single Family Res- idence District Classification to Multiple Residence District Class- ification, presented and read. Mayor Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council men Couchman, Meyers, McCauley. Schultz. Nays — None. Mayor Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman McCauley. Carried by follow- ing vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, M:Cauley, Schultz. Nays -- None. Mayor Pregler moved that a public hearing be held on the Ordinance on January 5, 1970, at 7:30 P.M. Central Standard Time in the Council Chamber at the City Hall and the Clerk be in- structed to publish notice of same in manner required by law. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. December 4, 1969 To the Honorable Mayor and City Council Gentlemen: I submit for your consideration a proposed ordinance regulating the City Ambulance. You will note in Section 1, sub paragraphs (c) and (d) that the rate for services outside the corp- orate limits is $37 ,0 plus $0.35 per mile. This is different than the rate stated in my analysis dated November 14th. The change was made because the rate suggested in the ordinance is a more equit- able sharing of ambulance costs between the citizens of Dubuque and those outside the corporate limits. will you also note Section 6 which authorizes the city manager to make adjustments in the charges made to citizens who are required to repeatedly use the ambulance and are of limited financial means. It is believed that this is a justi- fiable and proper means of handl- ing indigent cases. I recommend passage of this ordinance. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the communciation be receiv. ed and filed. Seconded by Council- man Schultz Carried by the follow- ing vote. Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz None Nays — ORDINANCE NO. 52-69 a d Es to blishing OrdinanceRates Fixing Xand Charges ta for City A Servicelance RepaaliOrdinance Na17.59, rfg presented and read 546 Adjourned Regular Session, December 8, 1969 Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. FIXI NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That there be and Is hereby estab Ished the following schedule of rates and charges for City Ambulance Service: (a) For transporting one person from any Poini within the City Limits of the City of Dubuque to any hos- Pital, doctor's office, nursing home, home for the aged, conva- lescent home or any other point within the City of Dubuque S20.00 Per trip. (b) For transporting one Person from any hospital, doctor's office, nursing home, convalescent home, home for the aged, or any other golnt within the City of Du- uque to any point located within the City of Dubuque $20.00 per trip. (c) For transporting one Person from any Point outside of the City of Dubuque to any hospital or doc- tor's office within the City of Du- buque $37.50 plus 50,35 per mile, Per trip. (d) For transporting one Person from any hospital or doctor's office within the City of Dubuque to any point outside of the City of Du- buque $37.50 Plus $0.35 Per mile Per trip. (e) In addition to the above charges, there may be Imposed a further charge of Ten Dollars ($10.00) Per hour, or fraction thereof, for delays In excess of ten (10) min- utes, not caused by the ambu- lance driver. Section 2. That for the purpose of the above schedule, mileage shall Inc'ude the entire distance traveled by the ambulance In providing the service from leaving thv garage to return to the garage. Section 3. The ambulance driver shall exact the above charges In advance be- fore providing the ambulance service, except that In emergencies or In cases compensated by Medicare, he may pro- vide the ambulance service without ad- vance payment, in which event the City of Dubuque shall bill the benefited Party, In accordance with the foregoing sched. ule. Section 4. The ambulance may make calls or provide ambulance service only to Points in Iowa within Dubuque County or to Points in Illinois or Wisconsin with - In five (5) miles of the City of Dubuque. Section S. The City Manager Is hereby authorized and empowered to enter Into agreements with any authorized officials or governing body to provide emergency ambulance service to any point in the states of Wisconsin or Illinois within five (5) miles of the City of Dubuque, or to any Point In Dubuque County, Iowa, which agreement shall De reduced to writing and signed before any such service rendered and shall Provide that such ficial or governing bodv shall auarai cers ibuque Dubuque PollCe Department. All other callss made in Dubuque County, Jo Daviess County or Grant County must be Payable In advance, Section 6. The City Manager of the City of Dubuque Is hereby authorized and empowered, In his discretion, to make adiustments in the rates and charges to be fixed for ambulance service in such case or cases where the need for such ambu:ance service Is required to re- Peatedly transport a Person of limited financial means. The City Manager shall have the authority to require such proof of the financial status of such person seeking the benefits of this section for such service, Section 7. This Ordinance shall be in full force and effect from and after its final Passage, adoption and publication as by law provided. Section S. That Ordinance No. 17.59 Passed, approved and adopted on April 20, 1959 be and the same Is hereby re- pealed and of no further force nor ef- fecf. Passed, approved and adopted this Bth day of December, 1969. Welter A. Pregler Mayor Sylvester McCauley Mervin F, Schultz Donald R. Meyers Gaylord M. Couchman ATTEST: Councilmen Leo F. Frommelt City Clerk Pub:fished officially in The Telegraph- Hera.d Newspaper this 11th day of De- cember 1969. Leo F. Frommelt 11. 12/11 City Clerk. Councilman Meyers moved fin- al adoption of the Ordinance. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None December 4, 1969 Honorable Mayor and Council Members Gentlemen: On September 24th the City Planning and Zoning Commission held a public hearing on a pro- posal to reclassify from Single Family Residence to Local Business "B", property described as the Easterly 55 feet of Lot 25 and the Southerly 125 feet of the Easterly 55 feet of Lot 24, all in Block 4 in Westside Manor Subdivision, all in the City of Dubuque, Iowa. Fol- lowing this hearing the Commis- sioners cast 2 votes in favor of the proposal, 2 votes against the pro- posal and 2 members abstained Adjourned Regular Session, December 8, 1969 547 from voting. Because of a vacancy on the Commission, at that time, that represented all of the Commis- sion members. Because of the indecisiveness of the vote, the Commission members held a public meeting on Decem- ber 2, 1969 and invited interested parties to re :state their views. At this meeting the applicant was rep- resented by Mr. C. J. May and those objecting to the proposal were rep- resented by Mr. Hai Reynolds. The property in question is lo- cated on the west side of Kennedy Read and north of the Shike-Rich- ardson automobile agency. The el- evation of the property has been reduced approximately 18 feet so that it is the same as Kennedy Road. The area to the west and north has been developed for single family residences. The property across the street has been develop- ed by the Telephone Company as a warehouse. In reviewing this pro- posal the Commission considered the relationship of the site to the single family area and the effect of the proposed development on the traffic flow on Kennedy Road. The Commission found that be- cause of the change of elevation of this site that development on it would not be visible from the res- idences and that there would be no influence on the traffic through the residential area. It was the opinion of the Com- mission that this proposed develop- ment would not increase traffic on Kennedy Road, however, it would substantially increase the number of left turns on to and from Ken- nedy Road. The Commission found that Kennedy Road, at this point, is wide enough to accomodate four lanes of moving traffic and one additional lane for turning move- ments. It was the general opinion of the Commission that because of the ex- eavation that has taken place on the site, that development of it should be oriented to Kennedy Road and that the best use of the site would be for commercial estab- lishments. It is the recommendation of the Planning and Zoning Commission that the property in question be reclassified from Single Family Residence to Local Business "B" classification. Respectfully submitted, CITY PLATMNG AND ZONING COMMISSION Don Gilson City Planner Mayor Pregler moved approval of the recommendation. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers. Nays — Councilmen McCauley, Schultz. ORDINANCE NO. 53.69 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 the Ely 55' of Lot 25 in Block 4 and the Ely 55' of the Sly 124.85' of Lot 24 in Block 4, in West Side Manor, from Sinqle Family Res- idence District Classification to Local Business B District Classi- fication, presented and read. Mayor Pregler moved that the reading just had be considered the first reading of the Ordinance. Sec. onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Mayor Pregler 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Mayor Pregler moved that a public hearing be held on the Ordi. nance on January 5, 1970 at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and the City Clerk be instructed to publish not- ice of same in the: manner required by law. Seconded b touncilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays one N. 546 Adjourned Regular Session, December 8, 1969 Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. ORDINANCE NO. 52-69 AN ORDINANCE FIXING A N D ESTABLISHING R A T E S AND CHARGES FOR CITY AMBULANCE SERVICE AND REPEALING ORDI- NANCE NO. 17.59. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That there be and Is hereby estabished the following schedule of rates and charges for City Ambulance Service: (a) For transporting one Person from any point within the City Limits of the City of Dubuque to any hos- Pital, doctor's office, nursing home, home for the aged, conva- lescent home or any other Point within the City of Dubuque $20.00 Per trip. (b) For transporting one person from any hospital, doctor's office, nursing home, convalescent home, home for the aged, or any other bgpolnt within the City of Du- theuCify any Dubuquec $20.00 within trip. (c) For transporting one person from any point outsideof the City of Dubuque to any hospital or doc. tor's office within the City of Du- buque $37.50 plus 90.35 per mile, Per trip. (d) For transporting one Person from any hospital or doctor's office within the City of Dubuque to any point outside of the City of Du- buque $37.50 plus 50.35 Per mile per trip. (e) In addition to the above charges, there may be Imposed a further charge of Ten Dollars ($10.00) Per hour, or fraction thereof, for delays In excess of ten (10) min- utes, not caused by the ambu• lance driver. Section 2. That for the purpose of the entire distance traveledebyhthe iambulance in providing the service from leaving the garage to return to the garage. Section 3. The ambulance driver shall exact the above charges In advance be. fore providing the ambulance service, except that in emergencies or in cases compensated by Medicare, he may pro- vide the ambulance service without ad. vance payment, In which event the City of Dubuque shall bill the benefted party, In accordance with the foregoing sched. ule. Section 4. The ambulance may make calls or provide ambulance service only to Points in Iowa within Dubuque County or to Points In Illinois or Wisconsin with. In five (5) miles of the City of Dubuque. authorized izedS and TheCity for enter Into agreements with any authorized officials or governing body to provide emergency ambulance service to any Point In the States of Wisconsin or Illinois within five (5) miles of the City of Dubuque, or to any Point In Dubuque County, Iowa, which agreement shall De reduced to writing and signed before any such service Is rendered and shall provide that such of. ficial or governing body shall guarantee the payment of the fees established In Section 1 hereof. All service authorized by Dubuque County Officers shall be billed directly t0 the Dubuque Cnunty by the East Dubuque Police Depart- ment shall be billed to the East Dubuque Pollee Department. All other calls made in Dubu uE County, Jo Devi County or Grant County must be Payable In advance. Section 6. The City Manager of the City of Dubuque is hereby authorized and empowered, in his discretion, to make adiustments in the rates and charges to be fixed for ambulance service In such case or cases where the need for such ambu:ance service Is required to re. peatedly transport a person of limited financial means. The City Manager shall have the authority to require such proof of the financial status of such person seeking the benefits of this section for such service. Section 7. This Ordinance shall be in full force and effect from and after Its final passage, adoption and Publication as by law provided. Section 8. That Ordinance No. 17-59 Passed, approved and adopted on April 20, 1959 be and the same is hereby re. pealed and of no further force nor ef• fect. Passed, approved and adopted this 8th day of December, 1969, Walter A. Pregler Mayor Sylvester McCauley Merin F. Schultz Donald R. Meyers Gaylord M. Couchman ATTEST: Councilmen Lcu F. Frommelf City Clerk Pub'ished officially in The Telegraph. Hera d Newspaper this 11th day of De. cember 1969. Leo F. Frommelf lt. 12/11 City Clerk. Councilman Meyers moved fin- al adoption of the Ordinance. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None December 4, 1969 Honorable Mayor and Council Members Gentlemen: On September 24th the City Planning and Zoning Commission held a public hearing on a pro- posal to reclassify from Single Family Residence to Local Business "B", property described as the Easterly 55 feet of Lot 25 and the Southerly 125 feet of the Easterly 55 feet of Lot 24, all in Block 4 in Westside Manor Subdivision, all in the City of Dubuque, Iowa. Fol- lowing this hearing the Commis- sioners cast 2 votes in favor of the proposal, 2 votes against the pro- posal and 2 members abstained _4111111- .. Adjourned Regular Session, December 8, 1969 547 from voting. Because of a vacancy Residence to Local Business "B" on the Commission, at that time, classification. that represented all of the Commis- Respectfully submitted, sion members. CITY PLANNING AND Because of the indecisiveness of ZONING COMMISSION the vote, the Commission members Don Gilson held a public meeting on Decem- City Planner ber 2, 1969 and invited interested Mayor Pregler moved approval parties to re -state their views. At of the recommendation. Seconded this meeting the applicant was rep- Icy' Councilman Couchman. Carried resented by Mr. C. J. May and those by the following vote: objecting to the proposal were rep- Yeas — Mayor Pregler, Council - resented by Mr. Hal Reynolds. men Couchman, Meyers. Nays — Councilmen McCauley, The property in question is lo- Schultz. cated on the west side of Kennedy Read and north of the Shike-Rich- ORDINANCE NO. 53.69 ardson automobile agency. The el- An Ordinance amending and evation of the property has been changing Ordinance No. 3-34 reduced approximately 15 feet so known as the Zoning Map and that it is the same as Kennedy Zoning Ordinance of the City Road. The area to the west and of Dubuque so as to change the north has been developed for single Ely 55' of Lot 2S in Block 4 and family residences. The property the Ely 55' of the Sly 124.65' of across the street has been develop. Lot 24 in Block 4, in West Side ed by the Telephone Company as Manor, from Single Family Res - a warehouse. In reviewing this pro- idence District Classification to posal the Commission considered Local Business B District Classi- the relationship of the site to the fication, single family area and the effect presented and read. of the proposed development on the traffic flow on Kennedy Road. Mayor Pregler moved that the reading just had be considered the The Commission found that be- first reading of the Ordinance. Sec - cause of the change of elevation of onded by Councilman Meyers. Car - this site that development on it ried by the following vote: would not he visible from the res. yeas — Mayor Pregler, Council- idences and that there would be men Couchman, Meyers, McCauley, no influence on the traffic through Schultz. the residential area, Nays — None. It was the opinion of the Com- Mayor Pregler moved that the mission that this proposed develop- rule requiring an Ordinance to be ment would not increase traffic on read on three separate days be Kennedy Road, however, it would waived. Seconded by Councilman substantially increase the number Couchman. Carried by the follow - of left turns on to and from Ken- nedy Road. The Commission found ing vote: yeas — Mayor Pregler, Council - that Kennedy Road, at this point, men Couchman, Meyers, McCauley, is wide enough to accomodate four Schultz. lanes of moving traffic and one Nays — None. additional lane for turning move- Mayor Pregler moved that a ments. public hearing be held on the Ordi- It was the general opinion of the nance on January 5, 1970 at 7:30 Commission that because of the ex. on o'clock P.M. in the Council Cham- City Hall and the City cavation that has taken place it her at the to publish not. the site, that development of Clerk be instructed in the manner required should be oriented to Kennedy Road that the best use of the ice of same by law. Seconded by Councilman and site would be for commercial estab. Meyers. Carried by the following lishments. vote:Council- Mayor Pregler, It is the recommendation of the Yeas — men Couchman, Meyers, McCauley, Planning and Zoning Commission in be Schultz. that the property question reclassified from Single Family Nays — None. 548 .Adjourned Regular Session, December 8, 1969 Petition of Donald Jungblut re- questing a refund of $50. on the unexpired portion of cigarette li- cense No. 43, as he has discon- tinued business on 11.1-69, present- ed and read. Mayor 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Luke's Discount House requesting a refund of $50. on the unexpired portion of cig- arette license No. 224, as they have discontinued business on 11-8-69, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Walter P. Donath requesting a refund of $50. on the unexpired portion of cigarette license No. 255, as he has discon- tinued business on 11-19-69, pre- sented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Walter P. Donath re- questing a refund of $150. on the unexpired portion of beer license No. 93, as he discontinued business on 11-19-69, presented and read. Mayor Pregler moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Joseph P. & Bernice M. Hillard requesting a refund of $50. on the unexpired portion of cigarette license No. 125, as they have discontinued business on 11- 20.69, presented and read. Mayor Pregler 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Merlyn L. Weber re- questing a refund of $50. on the unexpired portion of Class B Beer License No. 34, as he has discon- tinued business on 12.1-69, present- ed and read. Mayor Pregler moved that the refund he granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Merlyn L. Weber re- questing a refund of $50. on the unexpired portion of cigarette license No. 27, as he has discon- tinued business on 12-1-69, present- ed and read. Mayor 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Catherine McEvoy re- questing a refund of $50. on the unexpired portion of cigarette licenses No. 153, as she has discon- tinued business on 12-2-69, present- ed and read. Mayor 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 Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Petition of Burke Alumatic re- questing permission to construct canopies for the Behr Funeral Home at 1491 Main Street in front of the building and on the side, to within one foot of the curb line, presented and read. Mayor Pregler moved approval of the petition Adjourned Regular Session, December 8, 1969 549 contingent upon approval of Man- and ending December 31, 1970, has ager and staff. Seconded by Coun- been duly prepared in accordance cilman Meyers. Carried by the fol- with Chapter 312, Road Use Tax lowing vote: Fund, Code of Iowa, and as amend. Yeas — Mayor Pregler, Council- ed by the 60th General Assembly men Couchman, Meyers, McCauley, of Iowa, and submitted to this Schultz. Council for approval, and Nays — None. Petition of the New March of WHEREAS, this Council has ex. Dimes, Dubuque County Chapter, amined the "Official Budget Re. port of the City of Dubuque, Iowa, requesting permission to conduct a "Mother's March" the week of for Municipal Streets and Parking January 18th thru 25th, 1970, pre- for the year 1970 wherein the dis. sented and read. Councilman tribution of receipts and expendi- tures are shown. Couehman moved approval of the petition to be cleared through the NOW THF.RFFORF. BE IT RE_ CityManager. Seconded by Mayor SOLVED BY THE CITY COUNCIL Pregler. Carried by the following OF THE CITY OF DUBUQUE, vote: IOWA: Yeas — Mayor Pregler, Council- That the Official Budget Report men Couchman, Meyers, McCauley, of the City of Dubuque, Iowa, for Schultz. Municipal Streets and Parking for Nays — None. the fiscal year of 1970 be and the Petition of Eisenhower P.T.A. came is hereby approved. requesting the installation of a street light near the driveway Passed, adopted and approved leading into Eisenhower school, this 8th day of December, 1969. off Spring Valley Road, presented Walter A. Pregler and read. Mayor Pregler moved Mayor that the petition be referred to the Svl%,ester MrCauley City Manager and Electrical Inspec- Merlin F. Schultz. for for investigation and report. Donald R. Meyers and the School Board so notified. Gaylord M. Couchman Seconded by Councilman McCauley. Councilmen Carried by the following vote: ATTEST: Yeas — Mayor Pregler, Council- Leo F Frommelt men Couchman, Meyers, McCauley, City Clerk Schultz. Mayor Preeler moved adootinn Nays — None. of the resolution. Sec"nded by Petition of Center Grove Proper- Coun-ilman Schultz. Carried by ties Inc. requesting permission to the following vote: construct a sanitary sewer on Lot Yeas -- Mayor Pregler. Cnuncil- 1 of Sara S. Bartels Place in M L. men Couchman, Meyers, McCauley, 243 to serve this lot and Lit 2 and Schultz. Lot 3 of the same subdivision. pre- Nays —None. sented and read. Councilman Couchman moved approval of the Proof of Publication, certified to petition. Seconded by Councilman by the Publisher. of Notice ofosal a po Schultz. Carried by the following lic Hearing to consider a vacated portion of vote: Yeas — Mayor Pregler. Council- to dispose of an alley described as Lot 6-A Sub. to Charles H, d gans men Couchman, Meyers, McCauley, 724 n ihe,amount of $26 00 Plu cost Schultz. of publication, presented and read. Nays None. ed No written objections were esent RESOLUTION NO. 396.69 and no oral objectors were p in the Council Chamber at the time APPf'OVING OFFICIAL BUDGET REPORT OF MUNICIPALITY FOR set for the public hearing. ed moved MUNICIPAL STREETS AND PARK- Councilman Couchman be ING. WHEREAS, an official budget publication that the proof of p received andfiled' Caried by the foseconded l report the City of Dubuque for j May vote: pof Municipal Streets and larking for the year beginning January 1, 1970 lowing _Mayor Pregler, Council , r 550 Adjourned Regular Session, December 8, 1969 men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION N0. 387.69 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 November 7, 1969 and November 1.4, 1969, City Council of Dubuque, Iowa met on the 8th day of Dec- ember, 1969 at 7:30 o'clock P.M. in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to a va- cated portion of an alley known and described as Lot 6-A of the Subdivision of Out Lot 724 in the City of Dubuque, Iowa to Charles H. Cadigan; and WHEREAS, City Council of Dubuque, 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 Charles H. Cadigan. 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 Charles H. Cadi- gan covering the following des- cribed real estate, to -wit: A vacated portion of an alley known and descr;bed as Lot 6-A of the Subdivision of Out Lot 724 in the City of Dubu- que, Iowa for the total purchase price of $25.00 plus costs of publication and that no abstract of title be furnished, be and the same is here- by approved. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of con. veyance to Charles H. Cadigan up- on receipt of total purchase price in the amount of $25.00 plus costs 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 Recorder. Passed, approved and adopted this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. November 19,1969 To the Honorable Mayor and City Council Gentlemen: The installation of the Iowa Street Storm Sewer 1968 has been completed in accordance with the plans and specifications by the Flynn Company, Inc., of Dubuque, Iowa. I recommend the improvement be accepted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. FINAL ESTIMATE RESOLUTION NO. 388-69 WHEREAS, the contract for the Iowa Street Storm Sewer - 1968 from G.P.L. 4th Street to N.P. L. 9th Street 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 $12,544.12. That $0.00 of the cost thereof shall be assessable upon private Adjourned Regular Session, December 8, 1969 551 property and $12,544.12shall be paid from the Sanitation Fund of the City of Dubuque. Passed, adopted and approved this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler. Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. (A Resolution Accepting Improvement.) RESOLUTION NO. 389.69 WHEREAS, the contract for the Iowa Street Storm Sewer — 1388 from S.P.L. of 4th Street to N.P.L. of 9th Street, has been completed and the City Manager has exam- ined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. Be It Further Resolved, that the City Treasurer be and he is here- by directed to pay to the contrac- tor from the funds to be realized from the Sanitation Fund upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 8th day of December, 1989. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Couchmar., Meyers, McCauley, 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 John F. Kennedy Road Sanitary Sewer 1969 from Kaufmann Ave. northerly to Old Timers Athletic and Supper Club Place, presented and read. Councilman Meyers moved that the proof of publica- tion be received and filed. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Couchman. Meyers, McCau- ley. Schultz. Nays—None. November 26, 1969 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, scaled bids were received until 10:00 A.M., Wednesday, Novem- ber 26, 1969, for the improvement of the John F. Kennedy Road San- itary Sewer -1969 - The low bid was submitted by Dick Schiltz and Sons Construction Company of Dubuque, Iowa. Their bid was 19.85% under the Engi- neer's estimate. I recommend that the contract for the improvement be awarded to Dick Schiltz and Sons Construc- tion Company of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager royal Mayor Pregler moved app of the recommendation. Seconded by Councilman Couchman. Carried by the foliowing vote: Yeas -- Alayor Pregler, Council- men Couchman, Meyers, McCau- ley, sehultz. Nays—None.RESOLUTIONNo. 3190,6p9 sale WHEREAS,scaled have been submitted by contract- ors for the John F. Kennedy Road Sani• tart' Sewer • 1969 - pursuant to Resolution No. 361.69 and notice to ubli hedders published n said City a newspaper P 552 Adjourned Regular Session, December 8, 1969 on November 7, 1969 and Novem- ber 14, 1969; and WHEREAS, said sealed propos- als were opened and read on Nov. ember 26, 1969, and it has been determined that the bid of Dick Schlitz and Sons Construction Company of Dubuque, Iowa in the amount of $5,547.50 was the lowest bid for the furnishing of all labor and materials and performing the work as ;provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Dick Schlitz and Sons Con- struction Company and the Mana- ger be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete 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 un- successful biddeers. Passed and adopted this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 391.69 RESOLUTION establishing a connection charge for the sani- tary sewer constructed to serve Heritage Manor. This sewer extends the Catfish Creek trunk line sewer from the WPL of Block 14 in Key Knolls Subdivision westerly to the Heritage Manor property. WHEREAS, the City Engineer, has inspected the same and the City Manager has accepted said sewer; and WIIEREAS, The City Engineer under said ordinance, has filed with the City Council a certified statement showing all the amounts paid in connection with the eon. struction of said sewer, including engineering and inspection fees amounting to $54,047.61. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That hereafter any person or persons desiring to con- nect with said sewer shall first ap- ply to the City Manager for per. mission to do so and such permis- sion shall be granted upon condi- tion that the applicant shall pay to the City Treasurer for the ac- count of Retirement Investment Corporation, a connection charge of $6.92 per front foot. Section 2. That the following is the pro -rated connection costs pay- able to the City of Dubuque for the Retirement Investment Corp- oration. Easement Heritage Manor 445.28 lin. ft. (0 $6.92 — $ 3,081.34 Schlitz Development Company 1452.6 lin. ft. n 6.92 — 10,051.99 Mettel-Byrne Subdivision 1410.1 lin. ft. (a) 6.92 — 9,757.89 Dubuque FM -TV Cable Company 478.8 lin. ft. n 6.92 — 3,313.30 Mr. Joseph Siegert 976.4 lin, ft. @ 6.92 -1- $6,000. — 12,756.69 Dr. Pfohl 2096.3 lin, ft. (Q) 6.92 + 580. — 15,086.40 54,047.61 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 County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Adjourned Regular Session, December 8, 1969 553 Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. November 28, 1969 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 con- struction of the Bies Drive Sanitary Sawn — 1969 — from S. P. L. of Pennsylvania Ave. to N. P. L. of Lot 1 of 6 of C. J. Bies Subdivision. Submitted November 28, 1969 Respectfully submitted, John L. White City Engineer Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schlutz. Nays — None. RESOLUTION NO. 392.69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Sheet No. 1 inclusive is hereby determined to be the schedule of proposed assessments for the Bies Drive Sanitary Sewer __ 1969 from S. P. L. of Pennsylvania Ave. to N. P. L. of Lot 1 of Lot 6 C. J. Bies Subdivision, and the valua- tions set out therein are hereby approved. Passed, adopted and approved this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Len F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second• ed by Councilman Schultz. Carried by the following vote Yeas — Mayor Pregler, Council. men Couchman, Meyers. McCauley, Schultz. Nays — None. RESOLUTION NO. 393.69 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and sched- ule and all other documents for the construction of Bies Drive Sanitary Sewer 1969 from S. P. L. of Pennsylvania Ave. to N. P. L. of Lot 1 of Lot 6 of C. J. Bies Sub- division at an estimated cost of $11,503.35, presented and read. Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. (Necessity for Improvement) RESOLUTION NO. 39469 WITFREAS, 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, stating the same for each different type of construction and kind of mater- ial to be used. 4. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of the: BIES DRIVE SANITARY SEW- ER - 1969 from S. P. L. of Pennsylvania Ave. to N. P. L. of Lot 1 of Lot 6 of C. J. Bies 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 to the public welfare to make the herein mentioned im- provement, and unless property owners at the time of final consid- eration of this proposed resolution have on file with the City Clerk objectionthe proposed assessmentto tile s unt ( they edshall 554 Adjourned Reg -i lar Session, December 8, 1969 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- 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 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 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 sewer funds. Sewer bonds shall he issued 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 placed on file with the City Clerk this 8th day of December, 1969. Approved and placed on file for final action. Approved: Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays — None. (Fixing date of hearing) RESOLUTION NO. 39569 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 393-69 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 construction of the: BIES DRIVE SANITARY SEW. ER — 1969 from S. P. L. of Pennsylvania Ave. to N. P, L. of Lot 1 of Lot 6 of C. J. Bies Subdivision 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 5th day of January 1970, 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 own- ers of property subject to assesse- ment for the proposed improve. ment may appear and make ob. jection 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 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 riot less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution 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 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 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Adjourned Regular Session, December 8, 1969 555 Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Yeas — Mayor Pregler, Council- man Couchman, Meyers, McCauley, Schultz. Nays—None. RESOLUTION NO. 396-69 ACCEPTING DELIVERY OF DEEDS FOR 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 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 dir- ection of said Lean 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 DUBUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the fol- lowing described parcels of real estate in Downtown Urban Renew- al Project, Iowa R-15, is hereby ratified and accepted by the City of Dubuque. GRANTOR Estes Corp. and Harvey Zuckerman Deed dated October 31, 1969 Re- corded in Book 200, page 437. PROPERTY DESCRIPTION Lot 751 and the North two- thirds of the North one-half of Lot 750 in the City of Dubuque, Iowa, according tothe United States Comissioners' Map of the Town (now City) of Dubuque. (Par- cel 9.1) GRANTOR Edmond John Linehan and Doris Z. Linehan Deed dated Sep- tember 13, 1969 Recorded in Book 200, page 380 PROPERTY DESCRIPTION The middle one-third of Lot 749 in the City of Dubuque, Iowa, ac- cording to the United States Com- missioners' Map thereof. Parcel 9-8). GRANTOR People's Store and Stella Zucker- man Deed dated October 31, 1969 Recorded in Book 200, pages 394, 395. 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 Res- olution in the Office of the Record- er in and for Dubuque County, Iowa. Passed, approved and adopted this 8th day of December, 1969 Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. December 3, 1969 To the Honorable Mayor and City Council Gentlemen: The City of Dubuque Civil De- fense Warning Siren at Plaza No. 20 has been completed in accord- ance with plans and specifications by Moldt Electric Service of Du- buque, Iowa. I recommend that the improve. ment be accepted. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved approval of the recommendation. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. FINAL ESTIMATE RESOLUTION N0. 391.69 the contract for the CITY OF DUBUQUE CIVIL DEFENSE WARNING SIREN PLAZA NO. 20 has been completed and the City Engineer has submitted his final Adjourned Regular Session, December 8, 1969 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 $3,823.00. That $0.00 of the cost thereof shall be assessable upon private property and $3,823.00 shall be paid from the Public Safety Fund No. 0407-0201 of the City of Dubu- que. Passed, adopted and approved this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. (A Resolution Accepting Improvement) RESOLUTION NO. 398-69 WHEREAS, the contract for the CITY OF DUBUQUE CIVIL DEFENSE WARNING SIREN PLAZA NO. 20 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be aid the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Public Safety Fund No. 0407-0201. lir Passed, adopted and approved this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. December 4, 1969 To the Honorable Mayor and City Council Gentlemen: The repair of the Terminal Street Sanitary Sewer has been completed according to plans and specifications by the M. F. Goerdt Construction Company of Dubuque, Iowa. I recommend that the improve- ment be accepted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the recommendation. Second by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. FINAL ESTIMATE RESOLUTION NO. 399-69 WTIFREAS, the contract for the Repair of 30" Sanitary Sewer In Terminal Street 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 $9,895.60. That $0.00 of the cost thereof shall be assessable upon private. _411r_ A Adjourned Regular Session, December 8, 1969 557 property and $9,898.60 shall be paid from the 1969 Emergency Flood Fund of the City of Dubuque. Passed, adopted and approved this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. (A Resolution Acceptnig Im?rovement) RESOLUTION NO. 40069 WHEREAS, the contract for the Repair of 30" Sanitary Sewer in Terminal Street 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 terns of the con- tract, plans and specifications and recommends its acceptance, now tberefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay the con. tractor from the funds 1969 Emer- gency Flood Fund. Passed, adopted and approved this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchmar Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Couchman movf'( adoption of the resolution. Second ed by Mayor Pregler. Carried b; the following vote: Yeas — Mayor Pregler, Council - nen Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 401.69 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following have com- plied with the provisions of law relating to the Sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. Thomas Luksetich, 1646 Asbury Street. Pat Chew & Frank Kelly, 655 Dodge Street. Lloyd W. Heaver, 30 Locust Street. John Henry, 1646 Asbury Street. Thomas Henry 910 Dodge Street. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- emn Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 402.69 WIiE."EAS, applications for Beer Permits have been submitted the this Council for approval, 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 (),(finances of the City. CLASS "B" BEER PERMIT Edward G. Brown, 115 East 22nd Street. Gerald E. Miller, Jr. 2417 Rhom- berg Avenue 558 Adjourned Regular Session, December 8, 1969 B. P. O. Elks Lodge No. 297, 7th & Locust Street Lincoln G. Schaffert, 1900 Wash- ington Street Shirley Mihalakis, 574 East 16th Street Lorraine Gordon, 2327 Central Avenue John R. Hirsch, 206 West 3rd Street. C. Maxine Hoag, 103 East 22nd Street CLASS "C" BEER PERMIT Cruso A. Alba, 2601 Jackson Street Harold Peterman, 2119 Rhom- berg Avenue Laverne Felderman, 1889 Jack- son Street Passed, adopted and approved this 8th day of December. 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mavor Preeler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 403-69 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 Iney 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 issu,, to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Edward G. Brown, 115 Fast 22nd Street Gerald E. Miller, Jr., 2417 Rhom- berg Avenue B. P. 0. Elks Lodge No. 297, 7th & Locust Street Lincoln G. Schaffert, 1900 Wash- ington Street Shirley Mihalakis, 574 East 16th Street Lorraine Gordon, 2327 Central Avenue John R. Hirsch, 206 West 3rd Street C. Maxine Hoag, 103 East 22nd Street CLASS "C" BEER PERMIT Cruso A. Alba, 2601 Jackson Street Harold Peterman, 2119 Rohm - berg Avenue Laverne Felderman, 1889 Jackson 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 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 404.69 WHEREAS, applications for Liq- our 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 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 Gerald E. Miller, Jr., 2417 Rhom- berg Avenue Richard H. Hantelmann, 902 Main Street Benevolent & Protective Order of Elks No. 297, 7th & Locust Street Adjourned Regular Session, December 8, 1969 559 Shirley Mihalakis, 574 East 18th Street Edward G. Brown, 115 East 22nd Street Passed, adopted and approved this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo. F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. RESOLUTION NO. 405.69 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 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 Gerald E. Miller, Jr., 2417 Rhom- berg Avenue Richard H. Hantelmann, 902 Main Street Benevolent & Protective Order of Elks No. 297, 7th and Locust Street Shirley Mihalakis, 574 East 18th Street Edward G. Brown, 115 East 22nd Street Passed, adopted and approved this 8th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. City Engineer White informed the Council that he has been un- able to solve the problem of the washing away of the alley and Mr. Michael Remakel's property to the rear of the Del Farm Super Mar- ket off Dodge Street. It seems that the property owner and the ten- ant, the Del Farm Market seem to be having lease difficulties at the present time. Councilman McCauley moved that the matter be referred to the City Attorney for immediate act- ion. Seconded by Mayor Pregler. Carried by the folowing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays — None. Leo F. Frommelt City Clerk Adopted .March 23, ..,1970 ........................ . Approved March 2 t...... 1970 ..........!' .Lt,.s 4. .........`i xn. City clerk Special Session, December 15, 1969 Board of Health (OFFICIAL) Special Session, December 15, 1969, Board met at 7:15 P.M. (C.S.T.) Present — Chairman Walter A. Pregler, Messrs. Gaylord M. Couch- man, Donald R. Meyers, Sylvester McCauley, Dr. Kenneth K. Hazlet. Absent—Mr. Merlin F. Schultz. Dr. Kenneth K. Hazlet informed the Board that preparations are being made to combat the Rubella (German Measles) epidemic that frequently occurs during the win- ter and spring months. If the cycli- cal character of rubella epidemics persist we could expect to see an- other increase in cases as early as 1970 or as late as 1973. Most cases are in school age children and it is contemplated to have a mass immunization program for children from one to twelve years of age. The estimated cost of the vaccine would be $28,000. The State is proposing to help in de fraying the cost, also the County and the .Junior Chamber of Com- merce and the School Board. There being no further business Mr. Donald Meyers moved that the Board of Health meeting adjourn. Seconded by Mi. Gaylord M. Couch- man. Carried by the following vote: Yeas — Chairman Walter A. Pregler, Messrs. Gaylord M. Couch- man, Donald R. Meyers, Sylvester McCauley. Nays — None. Absent — Mr. Merlin F. Schultz. Leo F. Frommelt Clerk of Board of Health Adopted .March 23.jt .,.....1970 Approved MAT. Ch 23, 1970 .............................................. rk. oard of Health. Special Session, December 15, 1969 561 (ITY (OUNCIL OFFICIAL Special Session, December 15, 1969. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, City Manager Gilbert D. Chav- ene l le. Absent—Councilman Schulte. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose OF ACT- ING UPON SUCH BUSINESS as may properly come before the meeting. December 15, 1969 To the Honorable Mayor and City Council Gentlemen: Because of the time element in. volved. we verbally approved the request of the DACCCR for De- cember 13th. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved approval of the recommedation. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler. Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. December 15, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provis- ions of Chapter 365 of the Code of Iowa, 1966, the Civil Service Commission conducted Promotion. al Examinations on December 9, 1969, for members of the Fire De- partment interested in promotion to Captains, Lieutenants and Fire Marshall. The following is a list of per- sons who passed the exams with an average of seventy per cent or better. All promotions on the Fire Department should be made from this list. CAPTAINS William E. Cherrier ........ 77.5% Maurice W. Remington .... 74.2% James C. Miller ................ 74.2% Edward J. Weber ............ 72.5°3, Thomas A. Simon ............ 70.8% LIEUTENANTS Paul V. Andresen ........ 79.6% Gerald Udelhofen ............ 78.5% John B. McCoy ................ 74.2% William T. Miller ............ 71.0% MARSHALL None 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 15th day of December, 1969. Eugene J. Berens Notary Public Mayor Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers. McCauley. Nays — None. Absent — Councilman Schultz. December 15, 1969 Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provis- ions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted examination for the position of Housing Inspec- tor, on Tuesday evening, December 9, 1969. The following named person has passed the written examination with an average of 70% or better. Arthur J. Miller ................ 77.5% 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 15th day of December, 1969. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Second- ed by Mayor Pregler. Carried by the following vote: 562 Special Session, December 15, 1969 Yeas — Mayor Pregler, Council- men Couchman. Meyers, McCauley. Nays — None. Absent — Councilman Schultz. Petition of Cletus A. Gartner et al (38 signatures) objecting to the rezoning of Lots 5, 6, and Sly 89.9' of Lot 9 of Ely 170' of Lots 322, 323 and 324 of Davis Farm Addn. from Multiple to Local Business "B" classification, presented and read. Councilman McCauley moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. Petition of Sears Roebuck & Co. requesting permission to replace an air conditioner located under the steps at 504 Central Ave. at Dun - bar's Cafe, which is located on City property, presented and read. Mayor Pregler moved that the request be granted subject to ap- proval of the City Manager. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. Petition of Wareco System re- questing rezoning of the NEly 36' of Lot 20 in Cook's Addn. from Local Business A to Local Business "B" classification, to expand their present operation, along with a petition of approval bearing 39 sig- natures of citizens in the neigh- borhood, presented and read. Councilman Meyers moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. RESOLUTION NO. 406-69 WHEREAS, the City Council of the City of Dubuque hereby sig- nifies its intent to participate in a Community Shelter Plan, funded by the Federal Government; and WHEREAS, the City Council of the City of Dubuque understands that the CSP is to be accomplished through the joint efforts of the Corps of Engineers, Omaha Dis- trict, and the various levels of Civil Defense, namely, local, county and State agencies and the Region Six Office of Civil Defense. NOW, THEREFORE, BE IT RE- SOLVED THAT: The City Council hereby agrees that such a CSP should include the County of Dubuque, Iowa and the communities therein. The City Council further agrees that the technical work required within the CSP be accomplished with the support of the office of the Civil Defense Director within the above-mentioned county. The director will perform the necessary duties and functions as required in the performance of this agree- ment. The City Council further under- stands that the preparation of such a CSP will be funded by the Fed- eral Government and strongly urg- es that the Dubuque County Metro- politan Area Planning Commission and the City Planning Commission staff become integrally involved in the formation of the CSP uti. lizing those agencies available population and other statistical information, maps, and other re- sources already developed to ex- pedite and implement the CSP. The City Council hereby agrees to assist the Civil Defense Director of Dubuque County to organize policy and an Advisory Commit- tee for the accomplishment of the said CSP. Passed, adopted and approved this 15th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley. Nays—None. Absent — Councilman Schultz. Special Session, December 15, 1969 563 December 5, 1969 Honorable Mayor and Members of the City Council Gentlemen: I concur in the recommendation of Iienningson, Durham & Rich- ardson, Inc., Cullen -Schlitz & As- sociates and the Water Superinten- dent, in the final approval of the construction of the Mount Carmel Pumping Station. The total paid Anton Zwack, Inc. of Dubuque, Iowa was $79,070. 68. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. Final Estimate RESOLUTION NO. 407.69 \ ITFRFAS, the contract for the Construction of the Mount Carmel Water Pumping Station 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 1T RESOLVED, by the City Council of the City of Dubuque. That the cost of said improve- ment is determined to be $86,365.43 That $0.00 of the cost shall be assessable upon private property and $46,365.43 shall be paid from the Water Works General Fund of the City of Dubuque. Passed, adopted and approved this 15th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. (A Resolution Accepting Improvement) RESOLUTION NO. 408.69 WHEREAS, the contract for the Construction of the Mount Car. mel Pumping 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 recommeds its acceptance, now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. Passed, adopted and approved this 15th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord At. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent Councilman Schultz. December 5, 1969 Honorable Mayor and Members of the City Council Gentlemen: I concur in the recommendation of Henningson, Durham & Richard- son, Inc., Cullen-Schiltz & Associ- ates and the Water Superintendent in the final approval of the Test Well and Piezometer Holes and Aquifier Test Program. The total paid Varner Well & Pump Company of Dubuque, Iowa, was $21,928.00. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved approval of the recommendation. Seconded by Councilman Meyers. Carried by ti,e following vote: 564 Special Session, December 15, 1969 Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz, Final Estimate RESOLUTION NO. 40969 WTIERFAS, the contract for the Test wells and Piezometer holes and Aquifier Test Program has been completed and the City En- gineer has submitted his final es- timate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE rT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment Is hereby determined to be $24,985.99. That the cost of said improve - shall be assessable upon private property and $24,985.99 shall be paid from the Water Works Gen- eral Fund of the City of Dubuque. Passed, adopted and approved this 15th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. (A Resolution Accepting Improvement) RESOLUTION NO. 410.69 WHEREAS, the contract for the Test wells and Piezometer holes and Aquifier Test Program has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. Passed, adopted and approved this 15th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved ad- doption of the resolution. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. RESOLUTION NO. 411-69 Amending Resolution No. 364- 69 which authorized the execu tion of a contract for sale of land for private redevelopment with Canfield Hotel, Inc. WHEREAS, on the third day of November, 1969, the Council of the City of Dubuque adopted Resolb- tion No. 364.69 authorizing the City Manager to enter into a Con- tract for the Sale of Land for Pri. vate Redevelopment in the Down- town Urban Renewal Project, Iowa R-15, with Canfield Hotel, Inc.; and WHEREAS, it has been deter- mined that said contract should be executed by the Mayor and the City Clerk; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That so much of Sec- tion 1 of Resolution No. 364-69, adopted November 3, 1969, which reads "that the City Manager be and he is hereby authorized" is amended to read "that the Mayor and the City Clerk be and they are hereby authorized". Passed, adopted and approved this 15th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk on Special Session, December 15, 1969 565 Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None Absent -- Councilman Schultz. RESOLUTION NO. 412.69 Amending Resolution No. 365• 69 Which Authorized the Execu- tion of a Contract for Sale of Land for Private Redevelpment with Abeln Abstract Company. WHEREAS, on the third day of November, 1969, the Council of the City of Dubuque adopted Resolu- tion No. 365-69 authorizing the City Manager to enter into a Contract for the Sale of Land for Private Redevelopment in the Downtown Urban Renewal Project, Iowa R-15, with Abeln Abstract Company; and WHEREAS, it has been deter- mined that said contract should be executed by the Mayor and the City Clerk: now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That so much of Sec- tion 1 of Resolution No. 365-69, ad- opted November 3, 1969, which reads "that the City Manager be and he is hereby authorized" is amended to read "that the Mayor and the City Clerk be and they are hereby authorized". Passed, approved and adopted this 15th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley 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 Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent—Councilman Schultz. RESOLUTION NO. 413.69 Amending Resolution No. 336- 69 which authorized the Execu- tion of a Contract for Sale of Land for Private Redevelopment with Andrew D. Karigan and Gust Karigan WHEREAS• on the third day of November, 1969, the Council of the City of Dubuque adopted Resolu- tion No. 366.69 authorizing the City Manager to enter into a Contract for the Sale of Land for Private Redeveloment in the Downtown Urban Renewal Project, Iowa R-15, with Andrew D. Karigan and Gust Karigan: and WHEREAS, it has been deter- mined that said contract should be executed by the Mayor and the City Clerk; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That so much of See - tion 1 of Resolution No. 366-69, adopted November 3, 1969, which reads "that the City Manager be and he is hereby authorized" is amended to read "that the Mayor and the City Clerk be and they are hereby authorized". Passed, approved and adopted this 15th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman 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 Pregler. Council. men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. Communication of Airport Com- mission submitting an offer of purchase by the Iowa Highway Commission for the purchase of Right of Way along Highway No. 151, in the amount of $6000. which represents the approved appraisal needed by the Commission from airport properly, presented nd read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- 566 Special Session, December 15, 1969 men Couchman, Meyers, McCauley Nays — None. Absent — Councilman Schultz. RESOLUTION NO. 414-69 WHEREAS, the Iowa State high- way Commission, through its rep- resentatives have been negotiating to secure a right-of-way in, over and through certain real estate owned by the City of Dubuque, Iowa operated and managed by the Airport Commission of the City of Dubuque, Iowa, and Whereas, the representatives of the Iowa State Highway Commis- sion and representatives of the City of Dubuque, Iowa have nego- tiated for the purchase of said real estate and that the purchase price therefore is in the amount of $6,000.00 and, WHEREAS, the Airport Com- mission of the City of Dubuque, Iowa has approved the disposal of said real estate by the City of Dubuque, Iowa to the Iowa State Highway Commission, and WHEREAS, the disposal of in- terest of the City of Dubuque, Iowa in and to said real estate hereinafter described be and the same should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque Iowa to the Iowa State Highway Commission for highway purposes for the sum of $6000.00 be and the same is hereby approved which real estate is described as follows, to -wit: All that part of the NI/2 SETA of Section 22 lying northerly of a line beginning at a point 250 ft, normally distant southerly from centerline on the west line of the NWI/4 SETA of said Sec- tion 22, thence to a point 170 ft. normally distant southerly from Sta. 109800, thence par. allel to or concentric with cen- terline to a point 170 ft, rad- ially distant southerly from can- terline of the NEI/4 SEI/4 of said Section 22; containing ap- proximately 18.9 acres more or less. Session 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 15th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. Mayor Pregler moved that the City Manager be authorized to purchase fire equipment on the basis of the bid furnished by Snor- kel Fire Equipment Co. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. At 8:15 P.M. Mayor Pregler moved that the Council go into executive session to consider a pro- posal of sale of real estate in the Urban Renewal area to Mr. Louis Pfohl. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays — None. Absent -- Councilman Schultz. The Council reconvened in reg- ular session at 10:20 P.M. and the Mayor announced that no definite agreement on the sale of real estate to Mr. Pfohl had been reach- ed. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor Pregler, Council- -W Special Session, December 15, 19()9 567 men Couchman, Meyers, McCauley. Nays — None. Absent — Councilman Schultz. Leo F. Frommelt erk Adopted 1W a 2 March 23, Approved March 23 1970 568 Special Session, December 29, 1969 CITY COUNCIL OFFICIAL Special Session, December 29, 1969. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Pregler, Coun- cilmen Meyers, McCauley, Schultz. City Manager Gilbert D. Chave- nelle. Absent—Councilman Couchman (out of city). Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of AUTH- ORIZING THE MAYOR AND CLERK TO EXECUTE A RIGHT OF ENTRY AGREEMENT WITH THE U.S. CORPS OF ENGINEERS TO A CERTAIN D:SIGNATED AREA IN CONNECTION WITH THE FLOOD PROTECTION PRO- JECT and acting upon such other business as may properly come be- fore a regular meeting of the City Council. December 22, 1969 To the Honorable Mayor and City Council Enclosed is a request from the Little Cloud Girl Scout Council. Permision has been granted. Will you please affirm this action. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved af- firmation of the Manager's action. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch. man. December 18, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer and Water Department, as well as a list of claims for which warrants were drawn, for the month of November, 1969. Respeefully, Gilbert D. Chavenelle City Manager. Mayor Pregler moved that the reports be received and filed. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch. man. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during November, 1969, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays —None. Absent — Councilman Couch- man. December 26, 1969 Honorable Mayor and City Council Gentlemen: The buildings ordered demol- ished by the City Council: Marion Ryder, 233 Main Street, has been repaired by the owner. The Sloan Distributing Company, 45 Shields Street has been demol. ished by the owner. No further action is needed on these resolutions, Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. December 29, 1969 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. PUBLIC OFFICIAL BOND William A. Conzett, Western Surety Company. Gerald Hird, The Ohio Casualty Insurance Company. Special Session, December 29, 1969 569 COMPREHENSIVE LIABILITY Dubuque Stone Products Co., I p Bituminous Casualty Corporation. C Donald L. Onmert, American States Insurance Company. 1a Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the bonds and policies be filed sub- t ject to approval of the City Solici- f tor. Seconded by Councilman Mey- ers Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. December 29, 1969 Non. Mayor & City Council Gentlemen: At the last meeting of the City Council the question of the ap- pointment of a member or mem- bers of the Electrical Examining Board to the Electrical Appeals Board was questioned. It was my understanding that the question raised by Councilman Schultz by way of objection was that the appointment of a mem- ber from the Examining Board to the Appeal Board constituted a review by members who per- formed an act and thereafter said member be called upon to judge said act. I have examined Section 5 of Ordinance 32-64, known as "City of Dubuque, Iowa Electrical Ordi- nance" and find that there is no requirement therein requiring a member of the Electrical Examin. ing Board to be appuinted to the Electrical Appeal Board. For your information, the Mee- trieal Appeal Board shall consist of five (5) members as follows: The in shall be appointed by the City Council. All members shall be residents of the City of Dubuque: One member shall be a rep- resentative of the Public. One member shall be a regis- tered journeyman electric- ian. One member shall be a regis. tered electrical contractor. One member shall be a main. tainance electrician. One member shall represent business." I believe that the practice com- lained of was instituted by the ouncil itself, rather than through some requirement of some local W. Respectfully submitted, R. N. Russo City Attorney Councilman Schultz moved that he communication be received and iled. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. December 19, 1969 Hon. Mayor & City Council re: William J. Miller Gentlemen: On September 25, 1969, William J. Miller of 2835 Burlington Street, this city, filed claim against the City of Dubuque, Iowa. for dam- ages in the amount of $50.00 alleg- edly suffered on September 24, 1969 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on December 17, 1969 of no liability on the part of the City of Dubuque and in view of the foregoing, it is the recommendation of the City Attorney that the claim of William J. Miller be denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Mayor Pregler moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Meyers, McCauley, Nays — None. Absent — Councilman Couch- man. December 19, 1969 Hon. Mayor & City Council re: Sam P. Weipert Gentlemen: On July 1, 1969, Sam P. Weipert of 2701 While Street, this city, filed claim against the City of IDubuque. Iowa for damages in the amount of $75a 570 Special Session, December 29, 1969 fered on or about that date as the result of a back up of a sewer. This matter was referred to the appropriate City Agency who made an investigation and reported by letter to this office on December 18, 1969 of no liability on the part of the City of Dubuque and in view of the foregoing it is the recommendation of the City At. torney that the claim of Sam P. Weipert be denied.. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Mayor Pregler moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch. man. December 18, 1969 Hon. Mayor & City Council re: Thomas J. Stanton Gentlemen: On September 29, 1969, Thomas John Stanton of 3061 Kaufman Ave., Dubuque, Iowa, filed claim against the City of Dubuque, for damages allegedly suffered on Sep- tember 27, 1969 as the result of losing control of his cycle on West 8th Street when he struck some alleged raw sewage in the street. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the fore- going, it is the recommendation o fthe City Attorney that the claim of Thomas John Stanton be denied. Original claim is attached hereto. Yours very truly, R. N. Russo City Attorney Mayor Pregler moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council. men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch man. December 18, 1961 Hon. Mavor & City Council re: Marvin H. Rennicker ;entlemen: On September 29, 1969, Marvin H. Kennicker of. 1402 Lincoln Street, Dubuque, Iowa, filed claim against the City of Dubuque, Iowa, For damages allegedly suffered on July 24, 1969 as the result of a tree limb falling on his motor vehicle. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported no liability on the part of the City and in view of the fore- going it is the recommedation of the City Attorney that the claim of Marvin H. Kennicker be denied. Original claim is attached hereto. Yours very truly, R. N. Russo City Attorney Mayor Pregler moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. December 18, 1969 Hon. Mayor & City Council re: Mary M. Murphy Gentlemen: On October 3, 1969, Mary M. Murphy (John F. Murphy estate), of 1280 West 3rd Street, Dubuque, Iowa, filed claim against the City of Dubuque, Iowa, for damages allegedly suffered on June 18, 1969 and June 25, 1969 as the result of her basement being flooded during the period of time of construction of underground telephone conduits by Kepp Construction Co. and O'Neill Construction Co. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on December 16, 1969 of no liability on the part of the City of Dubuque, Iowa and in view of the foregoing it is the recommendation of the City Attorney that the claim of Mary M. Murphy (John F. Murphy Estate) be denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Mayor Pregler moved approval r Special Session, December 29, 1969 571 of the recommendation. Seconded I by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. December 18, 1969 Hon. Mayor & City Council re: American States Insurance Subrogation claim re: Paul Tressel Gentlemen: On October 25, 1969, American States Insurance filed its subroga- tion claim against the City of Dubuque. Iowa for recovery of damages paid to its insured, Paul Tressel, as the result of damages to a motor vehicle owned by said Paul Tressel on October 9, 1969 caused by a dead tree limb falling on said motor vehicle, and claim. ing damages in the amount of $300.00. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on December 16, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of Amer- ican Insurance be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Mayor Pregler moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the followitng vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couch- man. December 19, 1969 Hon. Mayor & City Council re: Mrs. Robert R. Wolf Gentlemen: On November 3, 1969, Mrs. Rob. cert R. Wolf of 2400 Windsor Ave., this city, filed claImwaagfUnstdam- the City of Dubuque, ages allegedly suffered in the amount of $22,15 to her motor vehicle on November 2, 1969 while parking same at or near the Crem- er Grocery on Rhomberg Avenue in the City of Dubuque and claim- ing said damages resulted from 11 broken and protruding curb at that location. I have conferred with the claim. ant and have made an investigation of this matter and have found that the claimant damaged one hubcap and ruined another on her auto and said claimant has made an offer of settlement of her claim in the amount of $11.15. It is the recommendation of the City At- torney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw a warrant payable to Robert R. Wolf and Janaan Wolf, husband and wife, in the amount of $11.15 and transmit same to the City Attorney for delivery of duly exe- cuted releases. Original claim is attached here- with. Yours very truly. R. N. Russo City Attorney Mayor Pregler moved adoption of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent— Councilman Couchman, December 26, 1969 Hon. Mayor & City Council Gentlemen: On August 28, 1969, one Ray- mond F. Leppert, filed claim against the City of Dubuque, Iowa in the amount of $50.62 claiming that a manhole cover was tipped up on the street, west side of the Harbor in the City of Dubuque, Iowa. I have made an investigation of this claim and have received a re- port from the Street commission- er who advises me that said street is not an improved street but is just a roadway along the harbor that is not open to public travel and is not an improved street. In view of the investigation of the City Attorney and the report of the Street Commissioner, it is the recommendation of the City Attorney that the claim of Ray- mond F. Leppert be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney 572 Special Session, December 29, 1969 Mayor Pregler moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers McCauley, Schultz. Nays — None. Absent — Councilman Couchman Notice of Claim of Alberta Kun- kel, in the amount of $25,000, for personal injuries received in a fall on a defective sidewalk at 1610 Jackson Street on November 24, 1969, presented and read. Coun- cilman Meyers moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman Petition 4f C. J. May Jr., as a rep- resentative of Pat Chew, request- ing that members of the Council view the premises located on J. F. R. Road in view of the fact that the property is being considered for rezoning from Single Family to Local Business B classification and set for a public hearing on January 5, 1970, presented and read. Mayor Pregler indicated that most of the Council are fully aware of the premises and moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman Petition of Daniel A. Mahoney of 628 Rhomberg Ave., objecting to any future rezoning of the prop- erty of Wareco Oil Station located at the corner of Windsor and Rhomberg due to the already un- bearable living conditions in the neighborhood as the result of the station, presented and read. Due to the fact that the zoning request had already been denied Mayor Pregler moved that the petition be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman Petition of Carl E. Miller re- questing a refund of $50. on the unexpired portion of cigarette license No. 21, as he has discon- tinued business on December 29, 1969, presented and read. Council- man Meyers moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded my Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman Petition of Ronald L. Brayton requesting a refund of $50. on the unexpired portion of cigarette license No. 94, as he has discon- tinued business on December 12, 1969, presented and read. Council- man Meyers moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman Petition of Harold A. Casey re- questing a refund of $50. on the unexpired portion of cigarette license No. 136, as he has discon- tinued business on October 21, 1969 presented and read. Councilman Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman Petition of Thomas E. Andresen requesting a refund of $50. on the unexpired portion of cigarette license No. 167, as he has discon- tinued business on December 23, 1969, presented and read. Council- man Meyers moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman Petition of Thomas E. Andresen requesting a refund of $100. on the unexpired portion of Class B Beer Permit NO. 70 as he has dis- Special Session, December 29, 1969 573 continued business on December 23, 1969, presented and read. Coun- cilman Meyers moved that the re- fund be granted and the Auditor instructed to issue proper war- rant. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman December 23, 1969 To the Honorable Mayor and City Council Gentlemen: The following is a breakdown of the certified cost of the sanitary sewer installed in Alpha Street from Illinois Avenue to Pennsyl- vania Avenue. 347.34 Lin. Ft. of 8" 11 No. of 8" x 6" Y's 21 Lin. R. Manhole Sidewall 3 No. of Manhole Base 3 No. of Manhole Ring & Cover Backfill with sand and flood trenches 347.34 x. $730 @ $ 3.60 = $1,250.42 @ $ 8.00 = 88.00 @ $18.00 = 399.60 @ $40.00 = 120.00 OF $50.00 = 150.00 580.84 448.5 Excess dirt removal from ditches -. 100.00 Inspection and staking cost 347.34 x $176.97 = 136.97 448.8 $2,825.83 It is hereby certified that the above costs are those paid to the contractor and others according to final quantities reassured by the City of Dubuque. This cost will be prorated over the usable frontage of property along Alpha Street. LOT DESRIPTION FRONTAGE Lot 359 Lenox Addition 50' Lot 360 Lenox Addition 50' Lot 1 Bik. 2 Churchill Heights Subdivision 70' Lot 2 Blk. 2 Churchill Heights Subdivision 65' Lot 3 Blk. 2 Churchill Heights Subdivision 65' Lot 1 Blk. 1 Churchill Heights Subdivision 70' Lot 2 Blk. i Churchill Heights Subdivision 83' Lot 3 131 k. 1 Churchill Heights Subdivision 63' Lot 4 Blk 1 Churchill Heights Subdivision 63' Lot 5 Blk. 1 Churchill Heights Subdivision 63' ' Lot 6 Blk. 1 Churchill Heights Subdivision 63 63 Connection Charge 2825.83 1685 =- $4.13/Lin. Ft. Sincerely, John L. White City Engineer Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz, Nays — None, Absent — Councilman Couchman 574 Special Session, December 29, 1969 RESOLUTION NO. 415.69 RESOLUTION establishing a connection charge for the 8 inch Sanitary Sewer constructed in Alpha Street from Illinois Avenue to Pennsylvania Avenue. WHEREAS, The ('ity Fn,gincer has inspected the same and the City Manager has accepted said sewer; and WHEREAS, The City Engineer under said ordinance has filed with the City Council a certified state- ment showing all the amounts paid in connection with the con- struction of said sewer, including engineering and inspection fees amounting to $2,825.83. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That hereafter any person or persons desiring to con- nect with said sewer shall first ap- ply to the City Manager for per- mission to do so and such per- mission shall be granted upon con. dition that the applicant shall pay to the City Treasurer for the ac. count of Dick Loetscher, Inc., a connection charge of $4.13 per front foot. Section 2. That the following is the connection costs payable to the City of Dubuque for Dick Loetscher, Inc. LOT DESCRIPTION FRONTAGE Lot 359 Lenox Addition 50' @ $4.13 = 206.50 Lot 360 Lenox Addition 50' C? $4.13 = 206.50 Lot 1 Bit 2 Churchill Heights Subdivision 70' paid directly to D. Loetscher, Inc. Lot 2 Blk. 2 Churchill Heights Subdivision 65' paid directly to D. Loetscher, Inc. Lot 8 Blk. 2 Churchill Heights Subdivision 65' paid directly to D. Loetscher, Inc. Lot 1 Blk. 1 Churchill Heights Subdivision 70' paid directly to D. Loetscher, Inc. Lot 2 Blit. 1 Churchill Heights Subdivision 63' paid directly to D. Loetscher, Inc. Lot 3 Blk. 1 Churchill Heights Subdivision 63' paid directly to D. Loetscher, Inc. Lot 4 Blk. 1 Churchill Heights Subdivision 63' paid directly to D. Loetscher, Inc. Lot 5 Blk. 1 Churchill Heights Subdivision 63' paid directly to D. Loetscher, Inc. Lot 6 BUL 1 Churchill Heights Subdivision 63' paid directly to D. Loetscher, Inc. 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 County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 29th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved ad. option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman RESOLUTION NO. 416-69 WHEREAS, the U.S. Army Corps of Engineers has forwarded the "Supplement No. 2 to Right -of -En- try" for execution by the City of Dubuque, Iowa, and WHEREAS, said right of entry unto the United States of America is necessary in connection with the Mississippi River Flood Protection Project, and WHEREAS, The Grant of Entry to United States of America, et al, should be approved, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL ON Special Session, December 29, 1969 575 OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby auth- orized and directed to execute the "Supplement No. 2 to Right -of -En- try" 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 certify copy of this resolution together with original "Supplement No. 2 to Right -of -En. try", together with "Supplement No. 2 to Attorney's Certificate as to Right -of -Way" to the Depart- ment of the Army, Rock Island Corps of Engineers, Clock Tower Building, Rock Island, Illinois 61201. Passed, approved and adopted this 29th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman RESOLUTION NO. 417.69 Authorizing the Publication of Notice of Sale of Project Notes (First Series 1970) and the Re- ceiving of Proposals for the Sale of Said Notes for the Downtown Urban Renewal Project, Iowa R•15. WHEREAS, under date of JUIN 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 April 7, 1969, the Council of the City of Dubuque adopted Resolution No. 87.69 authorizing to be issued, from time to time, Project Notet in connection with the Downtown Urban Renewal Project R-15, in an aggregate principal amount out standing at any one time of not tc exceed $8,624,313; and WHEREAS, under date of Sep - .ember 22. 1969, the Council of the 'ity of Dubuque authorized the is- suance and sale of its Project votes in the aggregate principal amount of $4,183.000 to finance !ertain undertakings in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in order to refin- ance a portion of the outstanding Project Notes, it is necessary for the City of Dubuque to sell Pro- ject Notes (First Series 1970) total- ing 53,262,000; now therefore BE IT RESOLVED BY THE COUNC.'L OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and he is hereby authorized and directed to publish according to law "Notice of Sale - Project Notes" in the form of Exhibit "A" attach- ed hereto and made a part hereof. Section 2. That the City Clerk be and lie 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 - tided by the Department of Hous- ing and Urban Development, United States of America. Section 3. That a meeting of the Council of the City of Dubuque shall be held after the bid open- ing date of January 13, 1970 to adopt such resolution or resolu- tions necessary for the consumma- tion of the sale of Project Notes (First Series 1970) to the lowest bidder or bidders. Passed, approved and adopted this 29th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk NOTICE OF NSOTEALE PROJECT CITY OF DUBUQUE envy) (Name of Loc8oposalssNillgb Agency) prop ed by City of Dubuque (hereinat Council c ,al Issuing AgenChambers, cy")t 576 Special Session, December 29, 1969 City Hall, 13th and Iowa ........ in the City of ........ Dubuque, ........ State of ........ Iowa. 52001 ......... un- til, and publicly opened at, .... one o'clock ........ P.M. (E.S.T.) on Jan- uary 13, 1970 ......... for the pur- chase of $3,262,000.00 of Project Notes (First ........ Series 1970). be- ing issued to aid in financing its project(s) as follows: Amount $3,262,000.00 Series First Series 1970 Maturity June 5, 1970 The Notes will be dated Feb- ruary 10, 1970 ......... will be pay- able to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the proposal or proposals accept- ed for the purchase of such Notes. All proposals for the purchase of said Notes shall be submitted in a form approved by the Local Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuing Ag- ency at the address indicated above. Detailed information with respect to the conditions of this sale may be obtained from the ........ December 30, 1969 ........ is- sue of The Daily Bond Buyer. City of Dubuque By Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman Proof of Publication, certified to by the Publisher, of Notice of Receipt of bids for Fire Apparat- us, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays — None. Absent — Councilman Couchman RESOLUTION NO. 418.69 WHEREAS, the City of Du- buque, Iowa bids from the respec- tive manufacturers of fire equip- ment machinery to submit bids for delivery of an eighty-five foot elevating platform fire engine, and WHEREAS, Snorkel Fire Equip- ment Company of St, Joseph. Mis- souri in a bid and proposal dated December 2, 1969 (Alternate Bid A) was the highest and best bid. and WHEREAS. City Council of the City of Dubuque, Iowa deems it in the best public interest that paid bid of the Snorkel Fire Equipment Company of St. Joseph, Missouri be accepted. NOW THEREFORE BE IT RF SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the bid of the Snorkel Fire Equipment Company of St. Joseph. Missouri dated De- cember 2, 1969 (Alternate Bid A) be and the same is hereby ac- cepted. Section 2. That the City Man- ager be and he is hereby author- ized and directed to execute a con- tract for the purchase of said fire equipment which shall be for the purchase price of $75,796.00 and that the City Manager be and he is hereby authorized and directed to do any and all things necessary and incidental to the completion of said contract. Section 3. That the City Clerk be and he is hereby authorized and directed to return the bid bond of the unsuccessful bidders, if any. Passed, approved and adopted this 29th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—Nona. Absent ---Councilman Couchman. RESOLUTION NO. 419.69 BE IT RESOLVED by the City Council of the City of Dubuque, Special Session, December 29, 1969 577 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. Edward Brown, 115 East 22nd St. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 29th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor P ogler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 420-69 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" BSER PERMIT William J. Baum, 1121 University Avenue Carl Hirsch, 60o Central Avenue CLASS "C" BEER PERMIT William J. Lynn, 424 West Locust Street Donald E. Wertz, 1545 S. Grand- view Avenue Harold B. Welter, 534 Rhomberg Avenue ,roved Passed, adopted and approved this 29th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent --Councilman Couchman. RESOLUTION NO. 421.69 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of the 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 William J. Baum, 1121 University Avenue Carl Hirsch, 600 Central Avenue CLASS "C" BEER PERMITS William J. Lynn, 424 West Locust Street Donald E. Wertz, 1545 S. Grand- view Avenue Harold B. Welter, 534 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 29th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the. resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent --Councilman Couchman. 578 Special Session, December 29, 1969 RESOLUTION NO. 422.69 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 Disabled American Veterans, 2600 Dodge Street Plaza 20 Passed, adopted and approved this 29th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor. Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent --Councilman Couchman. RESOLUTION NO. 423.69 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 1T 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 Disabled American Veterans, 2600 Dodge Street Plaza 20 Passed, adopted and approved this 29th day of December, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayar Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: (Awarding Contract) Mayor Pregler, Councilmen Mey- ers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Communication of Tom I.eibold & Associates submitting a proposal to purchase Parcel No. 10 of Block 10 in the Urban Renewal area (8th & Locust) for the construction of a two story building 47.4' by 114' consisting of 6532 square feet at $4.73 a square foot for a total of $30,896.00, presented and read. Ma- vor Pregler moved that the com- munication be referred to the City Manager and staff for investigation and report. Seconded by Council- man Meyers. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. At 8:00 P.M. Mayor Pregler moved that the Council go into executive session to consider a proposal to sell real estate in the Urban Renewal area. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent --Councilman Couchman. The Council reconvened in reg- ular session at 9:15 P.M. with the announcement by the Mayor that a local group of citizens, headed by Thomas Leibold, have indicated an interest in the purchase of real estate located at the northeast cor- ner of Locust Street, in the Urban Renewal area, and same is being considered, with the promise of a final decision by January 5, 1970 council meeting. There being no further business Councilman McCauley moved to ON Special Session, December 29, 1969 579 adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays—None. Absent—Councilman Couchman. Uo Frommelt City Clerk Approved .....March 23 , 1970 ............ Adapted ....March 23 , 1970 ...................... Ax Microfilming Data/Index Page Jorm Microlab Jorm Microlab End of Roll Roll No. #35