1969 March Council Proceedings
68
Special Session, February 24, 1969
Regular Session, March 3, 1969
69
committee of the whole and to
meet again Friday evening, Feh-
ruary 28, in the Council Cham-
ber at 7:30 P.M. Seconded by
Councilman Meyers. Carried by
the following vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCau-
ley, Schultz.
Nay~None.
There being no further business
Councilman Couchman moved to
adjourn. Seconded by Council-
man Meyers. Carried by the fol-
lowing vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCau-
ley, Schultz.
Nay~None.
Leo F. Frommelt
City Clerk
CITY COUNCIL
OFFICIAL
R..ulor Session. March 3. 1969.
Council met at 7:30 P.M. (C.5.T.)
Prosont-Moyor Proglor. Counci~
mon Couchman. Mayors. McCouloy.
Schultz. City Man.... Gilbort D.
Chovonollo.
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 City Manager's
Administrative Assistant submit-
ting a report of the investigation
of the rodent problem in the area
at Keokuk and National streets,
presented and read. Councilman
Meyers moved that the report be
received and filed. Seconded by I
Mayor Pregler. Carried by the fol-
lowing vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and a list of claims for
which warrants were issued during
January 1969, presented and read.
Mayor Pregler moved that the
proof of publication be received
and filed. Seconded by Councilman
Meyers. Carried by the following
vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
No~None.
Approved ..................................1969.
Adopted ....................................1969.
............................................................
Councilmen
Attest: """"ëïiÿ"ci~~k:"""""""""""
February 26, 1969
To the Honorable Mayor
and City Council
Gentlemen:
I am requesting authority to
sign the enclosed revised contracts
with the Dubuque Humane Society.
Also enclosed is a copy of a di-
rective to the staff of the Health
Department regarding the dog op.
eration.
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Schultz moved that
the City Manager be given author-
ity to sign the contract. Seconded
by Councilman Couchman. Carried
by the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
Councilman Couchman moved
that the rules be suspended in ord-
er to let anyone present address
the Council if they so desire. Sec-
onded by Councilman Schultz. Car-
ried by the following vote:
Yeas-Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Mr. Phend of the Humane S0-
ciety Shelter stated that there is
some disturbing news as to a dis-
temper problem at the shelter. He
definitely stated that it is no fault
of the shelter. A veterinary now
checks all animals before they are
sent out to bomes to be sure that
no disease exists at the time of
release.
Communication of William B.
Weber and Charles Arthofer ob-
jecting to the proposed rezoning
of the area from East 12th to East
20th, in which Hawkeye Auto Sales
is located, as being an injustice
to the business community affected,
presented and read. Mayor Pregler
moved that the communication be
referred to the Planning & Zoning
Commission. Seconded by Council-
man Couchman. Carried by the fol-
lowing vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Notice of claim of Fay B. McDer-
mott, in the amount of $35.00, for
personal injuries received in a fall
on an ice covered walk at' 752
University Avenue on January 24,
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 Mayor Pregler.
Carried by the following vote:
Yea~Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Sehultz.
Nays-None.
70
Regular Session, March 3, 1969
Notice of claim of Tilford &
Mildred Haugen, in the amount of
$5000. for damage incurred as the
result of a sewer back-up into the
basement of their home at 1135
Kaufman Ave. on February 23,
1969, presented and read. Council-
man Meyers moved that the notice
of claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Mayor Pregler.
Carried by the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
Notice of claim of Giese Sheet
Metal Co. Inc., in the amount of
$42.45, for expense incurred as the
result of a sewer back-up into their
property located at 2125 Kerper
Blvd. on December 23, 1968, pre-
sented and read. Councilman Mey-
ers moved that the notice of claim
be referred to the City Solicitor
for investigation and report. Sec-
onded by Mayor Pregler. Carried by I
the following vote:
Yea~Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Communication of City Manager
Administrative Assistant submit-
ting an Ordinance to inaugurate a
change from the zone rate system
to . a metered rate system covering
tbe operation of taxicabs in the
City, presented and read. Mayor
Pregler moved that the communica-
tion he received and filed. Sec-
onded by Councilman Schultz. Car-
ried by the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Mr. Joseph Mattes of 1035 Grove
Terrace, evidently a regular cab
rider, raised the question does the
Cab Company have enough cabs.
Attorney Robert Bertsch, represent-
ing the Cab Company, stated that
the present zone system is im-
practical due to the expansion
of the City. Under the meter sys-
tem customers pay only for the
distance they ride. The Cab Com-
pany is anxious to install the meter
system no,W and have in full opera.
tion by April 1st. Additional serv-
ice will be available by the installa.
tion of a back-up switch board. Un,
der the meter system the long
hauls will pay more and the short
hauls will pay iess. Mr. Joe Even,
owner of the Cab Company, stated
that they would like to eliminate
pick up service. Ninety five per
cent of the passengers will go di.
rectly to their detsination. The
company hopes to be paid for the
mileage travelled. The company
has twenty one cabs available for
operation. Sixty per cent of the
amounts collected go to the drivers
and forty per cent to the Company.
Communication of Lillian Rob-
erts, requesting that if a new sys-
tem of fare is necessary, that it
be a fair and equitable one, pre-
sented and read. Mayor Pregler
moved that the communication he
received and filed. Seconded by
Councilman Schultz. Carried by the
following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Communication of Angela Fitz-
gibbons requesting thoughtful con-
sideration relative to changing to
a metered system for taxicabs
stating that in her opinion it would
not solve any problems but would
rather create new problems for
cab drivers also to the aged and
infirm that have inadequate in-
come, presented and read. Mayor
Pregler moved that the communica-
tion be received and filed. Second-
ed by Councilman Scbultz. Carried
by the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Communication of Mil dr e d
Schueller objecting to changing
to a metered cab system stating
that the company has plenty of cabs
but not enough drivers and further
had no objection to sharing a cab
with others, presented and read.
Mayor Pregler moved that the com.
munication be received and filed.
Seconded by Councilman Schultz.
Carried by the following vote:
Yea~Mayor Pregler, Council-
men Coucbman, Meyers, McCauley,
Schultz.
Nay~None.
Mayor Pregler moved that all
objections to the passage of the
proposed cab ordinance be over-
Regular Session, March 3, 1969
71
ruled. Seconded by Councilman
Schultz. Carried by the following
vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
ORDINANCE NO. 11-69
An Ordinance Amondlng Ordlu.
onca No. 33-57, as omendod by
Ordlnonco 40-65. by repealing
Section 12 and Section 13 thereof
and onoctlng a new Section 12
and a new Section 13 In lieu
thoreof respectively. to provide
for establishment of netered
rate Hrvica and to provido for
tho fixing and establishment of
rota. and prlcos for tronsporto.
tlon of pessengers by Taxicab.
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:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~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:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
r
"xlcab °' toxlcab, ,hall hava mo"
thao fhe d,'m occ,.vlng tho ..me
with"", ..Id mal" o.""'ng.
(a). Eve,.,.
"'"g" fo,
'enge" bv
IIml" ot fhe
(a) Fo, ona p"..nge"
Fo, the ""t one "",t" ('4) mile.
flfly(SO)cen"
Fo, ..ch addlllonel 0", "",t" ",)
mile. 'en (10) cen',
(b) Fo, two °' m"e .a'"ng", (not
exceeding live) with the ..me point,
of o'l9In and d"tlnatlon,
Fo, the tI", one "",t" 114) mile.
fifty (SO) cent,
Fo, each additional 0"' "",t<" 114)
mile, ten (10) cen"
Fo, "'" additional .a"e""... ten
(10) cent,
(d F"
OROINANCE NO. tt..,
w..-e the onlv ."..nm.
The 'axl"b mete, 'hall contln" '"
o."a'e.
Each ,"COendlng
ch"ged 'hall .ay t
tween the mal"ed
"ng" ."vlo,"y
the "te ,how, at ,,'. "=""."O'.
.1" the te, (10) cen" ex"a .a..
"ng" tee.
In all ""'th"e 'hall bea mini.
m,m ch,,"e ot IIfty (50) cen".
(d) Fo, two °' mo" ..."nm, with
dlff,,",t point, ot "Igln and de..
tlnatlon.
The f ", """ng" emb"klng ,hall
.ay the mete"d fm .. th"gh he
w"" tho only ..."ng".
Fa< aach ,"coendlng .""ng" em.
b.,klng the o."a"', ,hall aco",...
Iv "'co,d the "" "ol,t"", on
"noei "'e.
In all c.." th"a ""all be a mlnl-
m,m chacge of fIfty (SO) cent,.
(e) Tha abov. "t" ""all Includ. tt"
.a".ng.,,' "dloa,.,. I"gaga.
(f)
TAXICAB'
NOW, TffEREFORE. BE IT ORDAINED
BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA AS FOL-
LOWS,
SECTION I. Tha' Socllon 12 of O,dlnance
No. 3>-51. as amand.d bv O,dlnance No.
..., I' h"abv "...1'" aod a now See.
tloo 12 enacted fn lieu 'h."of " "'"ow"
"Seetlon 12. All .""". f ,m, " co,.
..,atloo, who hova a IIcen" to o"""te
a "xlcab " taxicab, within tho CIIy of
aff" the lot dav
'a ,hall ba fn
aod aft" It,
.,bllcatlon "
¡nt,ö,;,c,.-'t.."";'d dav of M""'. "69.
R", "'oul"ng ,..dlng on th"e ",.",te
72 Regular Session, March 3, 1969
~~'d".;":{~~Ch~v19~¡o:'"lmOU' vote the I ORDINANCE NO. 13-19
Pe,,'" bv 'dCO,d'" "'" call vote, ado- An Ordinance amending and
and ...",ved thl, ".;,~I~:: ~t ~:;I~' "". changing Ordinance No. 3-34
Mayo< known as tho Zoning Mop and
Zoning Ordinanco of the City of
Dubuque. iowa so as to chango
certain property hereinafter de-
scribed lrom "Sing" Family
Residence" district clonilication
to "Local Businen "A" District"
classification, (Powers proporty).
presented and read.
Mayor Pregler moved that the
reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman McCau-
ley. Carried by the following vote:
Yeas - Mayor Pregler, Coun-
cilmen Couchman, Meyers, McCau-
ley, Schultz.
Nay~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 the follow-
ing vote:
Yeas - Mayor Pregler, Coun-
cilmen Couchman, Meyers, McCau-
ley, Schultz.
Nay~None.
Mayor Pregler moved that a
public hearing be held on the Or-
dinance on April 7, 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 Ma-
yor Pregler. Carried by the fol-
lowing vote:
Yeas - Mayor Pregler, Coun-
cilmen Couchman, Meyers, McCau-
ley, Sehultz.
Nay~None.
Petition of Ann Hem of 1900
Washington Street requesting with.
drawal of her siguature on the
petition for rezoning of the Wash-
ington neighborhood area, present-
ed and read. Councilman Couch.
man moved tbat the petition be re-
ferred to the Planning & Zoning
Commission. Seconded by Mayor
Pregler. Carried by the following
vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
C,
Atle", Loo F. F'ammelt
City CI".
t t.3-lO
Councilman Couchman moved
final adoption of the Ordinance.
Seconded by Councilman Meyers.
Carried by the following vote:
Ye~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
ORDINANCE NO. 12-69
An Ordlnonco Amending and
Changing Ordinance No. 3-34
known as the Zoning Mop and
Zoning Ordinance 01 the City 01
Dubuque. Iowa so as to change
certain property hereinalter de-
scribed Irom "Single Family Res-
Idonce District" Clonlfication to
"Multiplo Family Residence Dis-
trict" clonilicotion. (Powors
property)
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:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Councilman Meyers moved that
the rule requiring an Ordinance to
be read on three separate days be
waived. Seconded by Mayor Preg.
ler. Carried by the following vote:
Ye~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Councilman Meyers moved that a
public hearing be held on the Ord-
inance on April 7, 1969, at 7:30
P.M. in the Council Chamber at
the City Hall and that the City
Clerk be instructed to publish
notice of the hearing in the man-
ner required by law. Seconded by
Mayor Pregler. Carried by the fol-
lowing vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
N.~None.
"'"',
Regular Session, March 3, 1969
73
Petition of S.O.S. Club requesting
permission to sell candy in the
downtown area on Saturday March
22, 1969, "Christmas in July" pro-
gram for the benefit of servicemen
in southeast Asia, presented and
read. Mayor Pregler moved that
the petition be referred to the
City Manager and approved upon
approval of the downtown merch-
ants. Seconded by Councilman
Couchman. Carried by the follow.
ing vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None. I
Petition of Harry W. Sisson re-
questing rezoning of his property
located at 504-506 Bluff Street to
Business District Classification,
presented and read. Councilman
Meyers moved that the petition
be referred to 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.
Na~None.
Petition of Y. W. C. A. request.
ing establishment of "Youth in
Government Day 1969" to be held
on April 15, 1969, presented and
read. Mayor Pregler moved that
the petition be granted and that
the days of April 14th and 15th
be set aside for youth in Govern.
ment 1969. Seconded by Council.
man Meyers. Carried by the fol-
lowing vote:
Yeas - Mayor Pregler, Coun-
cilmen Couchman, Meyers, Mc-
Cauley, Schultz.
NaY~None.
Petition of W. G. Fenelon re-
questing a refund of $25 on the
unexpired portion of cigarette
license No. 56, as he has discon.
tinued business on February 8,
1969, 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 - Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
NaY~None.
Petition of the Easter Seal So-
ciety for Crippled Children and
Adults of Iowa requesting permis-
sion to conduct an Easter Lily Day
on March 29, 1969, presented and
read. Councilman Schultz moved
that the petition be granted. Sec-
onded by Conncilman Couchman.
Carried by the following vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Na~None.
February 7, 1969
To the Honorable Mayor
and City Council
Gentlemen:
The Diane Court Sanitary and
Storm Sewer 1968 has been com-
pleted in accordance with plans
and specifications by Smitty's
Construction Company of Du-
buque, 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 Mayor Pregler. Car-
ried by the following vote:
Yeas - Mayor Pregler, Coun.
cilmen Couchman, Meyers, Mc-
Cauley, Schultz.
Nay~None.
FINAL ESTIMATE
RESOLUTION NO. 38-69
WHEREAS, the contract for the
Diane Court Sanitary and Storm
Sewer-1968 has been completed
and the City Engioeer has submit.
ted 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
$6,516.48.
That $3,462.28 of tbe cost there-
of shall be assessable upon private
property and $3,054.20 .ball be
paid from the Sanitation Fund of
the City of Dubuque.
II
~þ~-
74
Re¡(Ular Session, March 3, 1969
Passed, adopted and approved
this 3rd day of March, 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 tbe resolution. Seconded by
Councilman Couchman. Carried by
the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
(A Rosolutlon Accoptlng Im-
provement and DirectIng the
Clark to Publish Notlco.)
RESOLUTION NO. 39-69
WHEREAS, the contract for the
DIANE COURT SANITARY AND
STORM SEWER-196S 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 tbe City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted and the City
Engineer be and is hereby direct.
ed to prepare a plat and schedule
showing the lots or parcels of
real estate subject to assessment
for said improvement and file the
same in the office of the City
Clerk subject to public inspection
and said Clerk shall upon receipt
of such plat and schedule publish
the notice of the Council's inten-
tion to levy special assessments
therefore, as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of sewer
bonds issued upon the above de-
scribed Improvement in amount
equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 3rd day of March, 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Scbultz
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.
Nay~None.
Proof of Publication, certified
to by the Publisher, of Notice of
time and place of hearing to dis-
pose of interest in real estate as
shown in a vacation plat filed by
Delbert G. Miller et al as owners
of Block 4, 5, and 6 in C. J. Bies
Subdivision, vacating same along
with that part of Sylvan Drive
extending southward from south
street line of Pennsylvania Avenue
to a point 129.54' northerly of the
north street line of Daniels Street
and that part of Sylvan Drive
extending northward from the
southerly line of Block 6 a distance
of IS0.61 feet along with public
utility easements, 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
Mayor Pregler. Carried by the
following vote:
Yeas-Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Na~None.
RESOLUTION NO. 40-69
WHEREAS, pursuant to resolu.
tion of published notice of time
and place of hearing publisbed
in the Telegraph-Herald, a news.
paper of general circulation pub-
lished in the City of Dubuque,
Iowa, on February 7, 1969 and
February 14, 1969, City Council
Regular Session, March 3, 1969
75
of Dubuque, Iowa met on the 3rd
day of March, 1969 at 7:30 o'clock
P.M. in the City Council Chamber,
City Hall, Dubuque, Iowa, to con-
sider the proposal to dispose of
interest of the City of Dubuque
to real estate now platted and
known as Block 4, Block 5 and
Block 6, each in "C. J. Bies Sub-
division" in the City of Dubuque,
Iowa and that part of Sylvan
Drive extending southward from
the south street line of Pennsyl.
vania Avenue to a point 129.54
feet northerly of the north street
line of Daniels Street and that
part of Sylvan Drive extending
northward from the southerly line
of said Block 6, a distance of
IS0.61 feet along with the public
utilities to Delbert G. Miller and
Joan I. Miller, and Frank E. Miller
and Dorothy L. Miller, and I
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
Del~rt G. Miller and Joan I.
Miller, and Frank E. Miller and
Dorothy L. Miller.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Soction I. That the disposal of
interest of City of Dubuque, Iowa,
in real estate to Delbert G. Miller
and Joan I. Miller, and Frank E.
Miller and Dorothy L. Miller
covering the following described
real estate, to.wit:
Block 4, Block 5 and Block 6,
each in "C. J. Bies Subdivision" I
in the City of Dubuque, Iowa
and that part of Sylvan Drive
extending southward from the
south street line of Pennsylvania
Avenue to a point 129.54 feet
northerly of the north street
line of Daniels Street and that
part of Sylvan Drive extending
northward from the southerly
line of said Block 6, a distance
of 160.61 feet along with the
public utilities
for costs of publication be and the
same is hereby approved.
Soctlon 2. That Ihe City Clerk
be and he is hereby authorIzed
and directed to deliver the said
deed of conveyance to Delbert G.
Miller and Joan I. Miller, and
Frank E. Miller and Dorothy L.
Miller 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 Re.
corder.
Passed, approved and adopted
this 3rd day of March, 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.
NaY~None.
RESOLUTION NO. 41-69
Resolution approving the plot of
"Sylvan Ploco" in the City of
Dubuque. Iowa
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as "Syl-
van Place" in the City of Dubuque,
Iowa, by Delbert G. Miller and
Frank E. Miller; and
WHEREAS, upon said plat ap-
pear streets to be known as Sylvan
Drive and Century Drive, together
with certain public utility ease-
ments which the Owners by said
plat have dedicated to the public
forever; and
WHEREAS, said plat has been
examined by the City Planning
and Zoning Commission and had
its approval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relating
thereto; and
WHEREAS, in view of the fact
that the City of Dubuque bas
agreed to grade Sylvan Drive and
provide a crushed stone surface
i~Þ
76
Regular Session, March 3, 1969
for the same in return for the I
Owners' dedication of a better
aligned and safer Sylvan Drive;
and
WHEREAS, the City of Dubu.
que hereby agrees to accept Syl-
van Drive as an unimproved
street; and
WHEREAS, the Owners have
agreed to construct a 26' wide
blacktop pavement for the length
of the newly dedicated portion of
Century Drive in conformance
witb City of Dubuque Specifica-
tions;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedications I
of Sylvan Drive and Century
Drive, together with the easements
for public utilities as the same
appear upon said plat, be and
the same are hereby accepted;
Section 2. That tbe plat of "Syl-
van Place" in the City of Dubuque,
Iowa, be and the same is hereby
approved and the Mayor and City
Clerk are hereby authorized and
directed to endorse the approval
of the City of Dubuque, Iowa, upon
said plat, provided the owners of
said property herein named, exe-
cute their written acceptance
hereto attached agreeing:
a. To hard surface Century Drive
with bituminous concrete in
accordance with the plans and
with City of Dubuque Specifi- I
cations, approved by the City
Manager, and under the in-
spection of the City Engineer;
b. To maintain the foregoing
improvements for a period of
four (4) years from the date
of tbeir acceptance by tbe
City of Dubuque, Iowa;
c. To provide the foregoing con-
struction and maintenance at
the sole expense of the Sub-
divider, Delbert G. Miller and
Frank E. Miller, as owners;
and further provided that said
Delbert G. Miller and Frank E.
Miller, as owners of said Sub-
division, secure the performance
of the foregoing conditions by
providing security in sucb form
and with such sureties as may be
acceptable to tbe City Manager.
- -
Section 3. That in the event
Delbert G. Miller and Frank E.
Miller, shall fail to execute the
acceptance and furnish the secur-
ity provided for in Section 2 here-
of within 45 days after the date
of this Resolution, the provisions
hereof shall be null and void and
the acceptance of the dedication
and approval of the plat shall not
be effective.
Passed, adopted and approved
by unanimous recorded roll call
this 3rd day of March, 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
Acceptance of Resolution No. 41-69
We, the undersigued Delbert
G. Miller and Frank E. Miller
having read the terms and con-
ditions of the foregoing Resolu-
tion No. 41.69 and being familier
with the conditions thereof, here-
by accept the same and agree to
perform the conditions required
therein.
Dated at Dubuque, Iowa this
...""..." day of "....""",,' ".., 19."..
"""""".."."..."..""..."...."".."."
Delbert G. Miller
.....""..""...""."""....."........."...
Frank E. Miller
TO:
LEO F. FROMMELT
CITY CLERK
This is to be certify that the
security provided by the foregoing
RESOLUTION NO. 41-69 has been
furnished by the owners.
Dated at Dubuque, Iowa, this
day of ..".."..."....... 19..."
"..."""""...""....""..."...""........
City Manager
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.
Nay~None.
-
Regular Session, March 3, 1969
77
RESOLUTION NO. 4U¡9
Preliminary Estimate in the
amount of $20,060.83 and approval
of plans, specifications, form of
contract and all other documents
for construction of Eighth Street
Storm Sewer 1969, from the west
property line of Iowa Street to
the east property line of Main
street, presented and read. Coun-
cilman Meyers moved that the
resolution be adopted. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
(Noc:aulty for Improvement)
RESOLUTION NO. 43-69
WHEREAS, proposed pia 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. 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
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
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 Sani-
tation 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.
Approved:
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Sehultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Pregler moved approval
of the resolution. Seconded by
Councilman Meyers. Carried by
the following vote:
Yeas - Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
(Fixing Dote of Hearing)
RESOLUTION NO. 44-69
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 tbe
City Clerk for public inspection
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 on the 7th day of April, 1969
a public hearing will be held at
7:30 P.M. in the Council Chamber
of the City of Dubuque at which
time the objectors for the pro-
posed improvement may appear
and make objection to the pro-
posed plans and specifications and
proposed form of contract, to the
cost of the improvement and the
City Clerk be and he is hereby
directed to cause a notice of the
time and place of such hearing
to be published in some news-
paper published In the City of Du-
buque which shall be not less than
ten (10) days prior to the day
fixed for its consideration, and
said Clerk is further Instructed
78
Regular Session, March 3, 1969
to advertise for proposals for the
construction of the aforementioned
improvement.
Passed, adopted and approved
this 3rd day of March, 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.
Nay~None.
RESOLUTION NO. 45-69
Preliminary Estimate in the
amount of $78,478.36 and approval
of plans and specifications for con-
struction of Traffic Signals and
street lights on Iowa Street from
S. P. L. of Fourth Street to the
N. P. L. of Tenth Street, 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.
Nay~None.
(Nocesslty for Improvement)
RESOLUTION NO. 46-69
WHEREAS, proposed pia n s,
specifications, and form of con-
tract bave been duly prepared and
approved by the City Council of
the City of Dubuque, Iowa, and
are now on file in the office of
tbe City Clerk showing among
other things the following:
(1) The plan of such improve-
ment
(3 An estimate of the cost of the
improvement
for the improvement of Traffic
Signals and Street Lights on Iowa
Street from the south property
line of Fouth 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 fina1
consideration of this proposed
resolution have on file with the
City Clerk, objections to the
amount of the cost of the 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 bave been approved by the
City Council and are now on file
with the City Clerk. Tbat the cost
and expense of making said im-
provement will be paid from the
Road Use Tax Fund and the
Utilities-Lighting Fund.
The above resolution was intro.
duced, approved and ordered
placed on file with the City Clerk
this 3rd day of Marcb, 1969.
Approved and placed on file for
final action.
Approved:
Walter A. Pregler
Mayor
SyJvester McCauley
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Pregler moved approval
of the resolution. Seconded by
Councilman Meyers. Carried by
the following vote:
Yeas-Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
(Fixing dote of hearing)
RESOLUTION NO. 47-69
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 improvement of Traffic
Siguals and Street Lights on Iowa
Street from the south property
line of Fourth Street to the north
property line of Tenth Street.
Regular Session, March 3, 1969
79
BE IT THEREFORE RESOLVED
that on the 7th day of April, 1969,
a public hearing will be at 7:30
P.M. in the Council Chamber of
the City of Dubuque at which
time the objectors for the pro-
posed improvement may appear
and make objection to the pro-
posed plans and specifications,
form of contract and cost of said
improvement, and tbe City Clerk
be and he is hereby directed to
cause a notice of time and place
of such hearing to be published in
some newspaper published in the
City of Dubuque, Iowa which
shall be not less than ten (10)
days prior to the day fixed for
its consideration, and the City
Clerk be and he is hereby directed
to have published the notice of
pendency for said improvement,
and the City Clerk is hereby
directed to advertise for proposals
to the contractors for the con-
struction of the above mentioned
improvement.
Passed, adopted and approved I
this 3rd day of March, 1969.
Walter A. Pregler
Mayor
I)ylvester MeCauley
Merlin F. Schultz
Donald M. Meyers
Gaylord M. Couchman
Councilmen
Atteat:
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. 48-69
WHEREAS, there has been pre-
_ted to the City Council of the
City of Dubuque, Iowa, a vaca-
tion plat of part of Dana Drive
Westchester, in the City of Dubu-
que, Iowa to he hereafter known
as Lot 14A of Block 2 of West-
chester in the City of Dubuque,
Iowa, dated October 30, 1968 and
prepared by Cullen.Schiltz and
Associates, Inc., and
WHEREAS, The City Council of
Dubuque, Iowa has examined said
plat and finds that same conforms
to the statutes and ordinances re-
lating to plats and same should
be approved.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the vacation
plat of Dana Drive, Westchester,
in tbe City of Dubuque, Iowa to
be hereafter known as Lot 14A
of Block 2 of Westchester, in the
City of Dubuque, Iowa dated
October 30, 1968 and prepared by
Cullen-Schiltz and Associates, Inc.
be and the same is hereby ap-
proved and that the Mayor and
the City Clerk of the City of Du-
buque, Iowa be and they are here-
by authorized and directed to
execute said plat for and on be-
half of the City of Dubuque, Iowa.
Section 2. Tbat the City Clerk
be and he is hereby directed to
cause said plat to be recorded in
the office of the County Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 3rd day of March, 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 nf the resolution. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas -Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
ORDINANCE NO. 14-69
An Ordinance vacating a por.
tion of Dona Drive now plotted
as Lot 14A of Block 2 in Wast.
chester,
presented and read.
Councilman McCauley moved
that the reading' just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
80
Regular Session, March 3, 1969
man Schultz. Carried by the fol. I
lowing vote:
Yeas-Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Councilman McCauley moved
that the rule requiring an Ordin-
ance 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.
Nay~None.
Councilman McCauley moved
that a public hearing be held on
the Ordinance on April 7, 1969,
at 7:30 o'clock P.M. in the Coun-
cil Cbamber at the City Hall and
that the City Clerk be instructed
to publish notice of the bearing
in the manner required by law.
Seconded by Councilman Schultz.
Carried by tbe following vote: I
Yeas-Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
RESOLUTION NO. 49-69
WHEREAS, there being pre.
sented a plat of the Subdivision
of Lot 1 of Block 5 in "River
Front Sub. No.3" in the City of
Dubuque, Iowa, dated February 3,
1969, and prepared by Cullen.
Schiltz & Associates, Inc., engin-
eers, and
WHEREAS, the City Council has
examined said plat and finds that
same conforms to the statutes of
Iowa and the ordinances of the
City of Dubuque, Iowa relating to I
the platting of real estate and the
foregoing plat should be approved.
NOW THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat of the
Subdivision of Lot 1 of Block 5
in the "River Front Subdivision
No.3" in the City of Dubuque,
Iowa, dated February 3, 1969 and
prepared by Cullen-Schiltz &
Associates, Inc., engineers, be and
the same is hereby approved and
the Mayor and the City Clerk be
and they are hereby authorized
and directed to execute said plat
on behalf of the City of Dubuque,
Iowa, and
Section 2. That the City Clerk
be and he is bereby authorized
and directed to file said plat In
the oUice of tbe County Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 3rd day of March, 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 and refer the plat
to the Planning and Zoning Com-
mission. Seconded by Councilman
Schultz. Carried by the following
vote:
Yeas-Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
RESOLUTION NO. SQ.69
WHEREAS, tbe MAYOR'S IN-
DUSTRIAL coMMITTEE, COM-
POSED of Sylvester McCauley,
Mayor, Joseph R. Voelker, chair.
man of Dock Board, and Robert
E. Dorothy, Manager of Dubuque
Industrial Bureau, have recom-
mended to the City Council of Du-
buque, Iowa, tbat tbe application
to purchase certsin real estate by
Commodity Warehousing Corpora-
tion of Chicago, IDinois for the
purpose of constructing and erect-
ing thereon a building for the
operation of a cold storage and
refrigeration plant in the City of
Dubuque, Iowa, and
WHEREAS, the City Council of
Dubuque, Iowa bas examined said
application and said recommenda-
tion by the MAYOR'S INDUS-
TRIAL coMMlTI'EE and find that
the sale of said real estate should
be approved, and
WHEREAS, said real estate
sought to be purchased by Com.
modity Warehousing Corporation
of Chicago, lliinois shall hereafter
be platted, described and known as:
Lot 1 of Lot 1, Block 5 "River
Front Subdivision No.3" in the
Regular Session, March 3, 1969
81
City of Dubuque, Iowa contain-
ing approximately 10.175 acres
more or less, subject to ease.
ments reserved for utilities
purposes, same being reserved
unto the City of Dubuque,
Iowa, and except easement "A"
for railroad purposes title to
whicb shall remain in City of
Dubuque.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Soctlon I. That the application of
Commodity Warehousing Corpora-
tion of Chicago, lllinois to purchase
a parcel of real estate in the City
of Dubuque, Iowa which real es-
tate shall hereafter be platted,
described and known as follows:
Loti of Lot 1, Block 5 "River
Front Subdivision No.3" in the
City of Dubuque, Iowa contain-
ing 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 pur-
'poses title to which shall re-
main In the City of Dubuque,
Iowa.
be and the same is hereby approved
upon the following terms and con-
ditions.
A. That said real estate be sold to
Commodity Warehousing Corp-
oration of Chicago, Illinois for
the construetion of a new build-
ing thereon containing approxi-
mately 100,000 square feet for
the operation 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 amount
of Five Thousand ($5,000.00)
Dollars per acre and the receipt
of Five Thousand ($5,000.00)
Dollars as down payment is
herewith acknowledged by tbe
City.
C. That construction of said plant
be commenced within one (1)
year of adoption and passage
of this resolution and sball be
completed within two (2) years
of date of adoption and passage
of this resolution and upon fail-
ure so to do by the purchaser,
Commodity Warehousing Corp.
oration of Chicago, lllinois,
said real estate shall automatic.
ally revert to the City of Du-
buque, Iowa and purchase price,
less damages, shall be refunded
to tbe purchaser.
D. That the construction of all
buildings, yards, parking lots
and fences shall be constructed
in conformance with existing
City codes.
E. That title to the area designated
easement "A" on the plat dated
Febraury 3, 1969 be and the
same shall remain in the City
of Dubuque, Iowa.
F. That the City of Dubuque, Iowa
retains a perpetual easement for
existing waterlines, existing san.
itary sewer and storm sewer and
for utilities together with right
of ingress and egress to repair,
inspect and maintain the same,
including the right of ingress
and egress to repair, inspect
and maintain railroad tracks in
easement "A" and utilities in
easement "B", which respective
rights may be assigned by the
City of Dubuque, Iowa.
G. That the purchasers shall pay
the costs of survey and platting
of the premises which plat
bears the date of February 3,
1969, and which has been pre-
pared by Cullen-Schiltz Associ-
ates, Inc., engineers, which is
in the approximate amount of
$425.48.
H. That the City of Dubuque, Iowa
shall construct and erect and
install railroad tracks in the
general location shown as ease-
ment "A" on the plat dated
February 3, 1969 and prepared
by Cullen-Schiltz Associates,
Inc., engineers, and that, how-
ever, any connections thereto to
serve the property herein sold
shall be at the expense of the
purchasers.
L That the Commodity Warehous-
ing Corporation of Chicago, llli-
nois sball have the first right
of refusal to purchase Lot 1
of Block 12 River Front Sub-
division No.3 except easement
"A" which sball remain the
property of the City of Dubu-
que, Iowa and Block 13 of River
Front Subdivision No.3 in the
event that the City of Dubuque,
Iowa elects to seil the same or
in the event the City of Du-
82
Regular Session, March 3, 1969
buque, Iowa receives an offer
to purchase the same from a
bona fide purchaser, in which
event the said Commodity Ware-
housing Corporation of Chicago,
1l1inois shall be given the op-
portunity to match said sale
price, and said sale shall be
on the same terms and condi-
tions as herein contained except
as relates to purchase price,
it being clearly understood,
however, that Commodity Ware-
housing Corporation of Chicago,
lllinois by reason of its pur-
chase 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 Subdivi-
sion No.3 or to Block 13 River
Front Subdivision No.3.
Section 2. That the City Clerk
be and be 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 3rd day of March, 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Schultz
Donald F. MeYft's
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. 51~
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 tbe sale of Cigarettes
within the City of Dubuque, Iowa,
be granted a permit to sell Cigar-
ettes and Cigarette Papers within
said City.
Mr. Steak, 2660 Dodge Street
Arsenlus Hanson, 107 Locust Street
BE IT FURTHER RESOLVED
that the bonds filed with the appli.
cation be approved.
Passed, adopted and approved
this 3rd day of March, 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 Jldop.
tion of the resolution. Seconded
by Councilman Schultz. Carried by
the following vote:
Yeas - Mayor Pregler, Couaeil.
men Couchman, Meyers, KcCan!ey,
Scbultz.
Nays - None.
RESOLUTION NO. 52-69
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
Kenneth Jerome Love, 802 Centnol
Avenne
Mrs. Adele Fens, 210 West 1st
Street
Fischer & Company, Inc., 880 L0-
cust Street
Raymond McLaughlin, 2222 Central
Avenue
Herbert E. Althaus, 1575 Central
Avenue
Lawrence Schwartz, 500 Rhomberg
Avenue
Aristo Foods of Iowa, lac., 1111
Dodge Street
Donald M. Love, 250 West 6th
Street
Bridge Restaurant and Lounge,
Inc., 31-35 Locust Street (Effec-
tive March 14, 1969)
D. B. Q. Inc., 4th & Locust Street
CLASS "C" BEER PERMIT
Lucky Stores, Inc. #109, 200 Soutb
Locust Street
Lucky Stores, Inc. #144, 3033 As.
bury Street
Lucky Stores, Inc. #130, 1800 Elm
Street
Regular Session. March 3, 1969
83
LudrJr Stores, Inc. #204, 3049 As-
bury Street
Earl Schmacher, 2204 Central Ave-
nue
Passed, adopted and approved
this 3rd day of March, 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Bridge Restaurant and Lounge, Inc.,
(Effective March 14, 1969), 31-35
Locust Street
D.B.Q., Inc., 4th & Locust Street
CLASS "C" BEER PERMIT
Lucky Stores, Inc. #109, 200 South
Locust Street
Lucky Stores, Inc., #144, 3033 As-
bury Street
Lucky Stores, Inc., #130, 1800 Elm
Street
Lucky Stores, Inc. #204, 3049 As.
bury Street
Earl Schumacher, 2204 Central Av-
enue
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adoPted and approved
this 3rd day of March, 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 Coucbman. Carried by
the following vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nays-NODe.
RESOLUTION NO. 53-69
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
iDlpected and found to comply I
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.
]DIi-- Þ'
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.
NaY~None.
CLASS "B" BEER PERMIT
Kenneth Jerome Love, 602 Central
Avenue
Mrs. Adele Fens, 210 West 1st
Street
Fischer & Company, Inc., 880
Locust Street
Raymond McLaughlin, 2222 Central
Avenue
Herbert E. Althaus, 1575 Central
Avenue
Lawrence Schwartz, 500 Rhomberg
Avenue
Arlsto Foods of Iowa, Inc., 1111
Dodge Street
Donald M. Love, 250 West 6th
Street
RESOLUTION NO. 54-69
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 Com-
pliance with the terms of the IOWA
UQUOR CONTROL ACT-CHAP-
TER 123--as amended by the 60th
General Assembly, 1963.
CLASS "C" COMMERCIAL
ESTABLISHMENT
Bridge Restaurant and Lounge,
Inc., (Effective March 14, 1969),
31 South Locust Street
Eagles Lodge No. 578, 6th & Locust
Street.
84
Regular Session, March 3, 1969
Passed, adopted and approved
this 3rd day of March, 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.
Nay~None.
RESOLUTION NO. S5-69
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 or-
dinances 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
Bridge Restaurant and Lounge,
Inc., 31 South Locust Street (Ef-
fective March 14, 1969)
Eagles Lodge No. 578, 6th & Locust
Street
Passed, adopted and approved
this 3rd day of March, 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, Connell.
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
At 9:22 o'clock P.M. Mayor Preg-
ler moved that the Council go into
executive session for the purpose
of discussing the sale of real estate.
Seconded by Councilman McCauley.
Carried by the following vote:
Yeas - Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
The Council returned to the
Council Chamber at 9:45 o'clock
P.M. and reconvened in regular
session.
There being no further business
Councilman McCauley moved to
adjourn. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas - Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Leo F. Frommelt,
City Clerk
Approved ....................................1969.
Adopted ....................................1969.
..........."...............................................
Councilmen
Attest: """"ëi'iÿ"Ci~k:"""""""""""
Special Session, March 7, 1969
85
CITY COUNCIL
OFFICIAL
Special S",'an, March 7, 1969.
Council met at 7:30 P.M. (C.S.T.)
Prosont_oycr Preslar, Coun.
cllmen Couchman, Meyers. McCou.
lay, Schultz. City Monogor Gilbert
D. Chovonello.
Mayor Pregler read the eall and
state that service thereof had been
duly made and this meeting is
called for the purpose of DIRECT-
ING THE ADVERTISEMENT FOR
SALE OF $125,000 AIRPORT
BONDS AND $565,000 FIRE STA-
TION BONDS, and acting upon
such other business as may prop-
erly come before a regular meet- I
ing of the City Council.
Proof of Publication, certified
to by the Publisher, of Notice of
hearing to consider final adoption
of a Human Rigbts Ordinance,
presented and read. Mayor Preg-
ler moved that the proof of pub-
lication be received and filed. Sec-
onded by Councilman Schultz. Car-
ried by the following vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Sehultz.
Nays-None.
Communication of Rev. Vincent
J. Hatt, submitting a list of names
of twenty-eigbt Catholic priests,
expressing wholehearted support
for the passage of the proposed
CIvil Rights Ordinance, presented
and read. Councilman Meyers
moved that the communication be
received and filed. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas - Mayor Pregler, Coun.
cllmen Couchman, Meyers, McCau.
ley, Schultz.
Nays-None.
Communication of Rev. Robert
L. Ferring, Chairman of the Hu-
man Relations Commission, sup- I
porting adoption of the proposed
Hnman Rights Ordinance, present-
ed and read. Mayor Pregler moved
that the communication be re-
ceived and filed. Seconded by
Councilman McCauley. Carried by
the fallowing vote:
Yeas - Mayor Pregler, Council.
men Couchman, Meyers, McCau-
ley, Schultz.
NaY~None.
Communication of Social Action
Commission Dubuque Council of
Churches urging the Council' to
vote yes on the proposed Civil
Rights Ordinance, presented and
read. Mayor Pregler moved that
the communication be received
and filed. Seconded by Council-
man Schultz. Carried by the fol.
lowing vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCau-
ley, Schultz.
NaY~None.
Communication of Federation of
Labor endorsing and urging adop.
tion of the proposed Civil Rights
Ordinance, presented and read.
Mayor Pregler moved that the
communication be received and
filed. Seconded by Councilman
Schultz. Carried by tbe following
vote:
Yeas - Mayor Pregler, Council.
men Couchman, Meyers, McCau-
ley, Schultz.
NaY~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, McCau-
ley, Schultz.
Nays-None.
Rev. Ede of Loras College, ex-
pressed interest in the passage of
the proposed Human Rights Ordi-
nance. Mrs. Magalsky of 2129 Car.
ter Road, as a representative of
the League of Women Voters
spoke in favor of passing the pro-
posed Human Rights Ordinance.
ORDINANCE NO. U9
DUBUQUE HUMAN RIGHTS
ORDINANCE, said ordinance hav.
ing been previously presented and
read at the Council meeting of
February 17, 1969, presented for
final adoption.
86
Special Session,
with
I °'
a pub-
fled In
. Thlx
'..';!'~
a cha",e
, fh.,.ln
Sec"on 107. Pow... of Comml.......
The Commi..on ,hall haue the following
pow... ,"d du",,'
1. To ,",elue, Inu.,"gafe, ,"d pa.. upon
chme, " comnloi," allegl,g ""'ai'
" dl",iminat"y p..c"ce" a, P""
vided i, Article Thlee of tht, o,dl.
'""co.
,. - .
ORDINANCE NO. ....
OUBUQUE HUMAN RtGHTS
OROtNANCE
ARTICLE ONE. HUMAN RIGHTS COM.
MISSION
Section 101. Human RIS
"on. The Dubuque Human
ml..i," ,hall
"POlnted by
pu"""",.
ARTICLE TWO. UNFAIR
DEFINED.
Sec"," '01. Un'a" ..actIcH-Occom'
modallgnx °' o","lceo.
1. It ,hall be "" ""fBI' " d""lmlnato,",
.",lIco f" anY own". I""" oub-
i~i¡~'ile."t'~f'~'.t~' pu~ly~a:~~óm"::'J~\"',"'~
" any agent" employee lhe"""
a. To "fu" " deoY to anY .....on bo-
- _m ---~ col", no-
the accom-
"c"""',
th,,"', 0'
,te again"
ace, ",ed,
,ellglon In
3.
,. "Publtc a"ommoda"'"" me... each
~rdw~~~~er'~~, e~~~~~¡~~~n~¡a::cU:z.
Special Session, March 7, 1969
87
c. "Employmenf ageney" me... ,"y
pe...on underta.'ng to p",cu" em-
p'oye., " Op.,rtunm., 10 w". to,
anY PlhOl POI..n " any pe...on
h"dlng him,," " It"" 10 be equl..
ped to do ...
d. "La",
"ganl,
'"'....
leetlve
3. Th" ..ctlon ,hall nol apply too
a. .-.. -- .
c. The employmenl of 'ndlvdua" 10
lendOl "...ona' "..Ico to the POl-
..n of Ih. emPlo", " memb...
0' hi, '.mlly.
d.
~"omey"
"p'...nfa -- -
tomey " .00olnlmenf. °' any pe,-
'on ""ng u..le, court o'de..., deed
ot ',u", °' will,
a.
b.
,. The p,ovl..n 0' ,ub,..lIon 000 '" of
thl, "cll," ,hall oof apply too
o. ^"" "--- ...- --,,-.
b.
c. Th. "ntal " le"I,.
"~X (6) ,oom, within
Ing "commodo"on I
..nt " own., of
"commoda"on, " h.
PI hi, family ""de "",<",.
S""on "4. Aiding °' abe"lng. It
'hall be an unfa', °' dl",'mlnato,",
p"etlc. fo"
1. Any pe...on to Inten"o,alty aid, abel.
com,,1 " co",. ,"Plh., pe'..n to
eoga.. In any of the P"c"", deela"'"
~:~~~. 0' d'""minat,,y by thlo onll-
,. h.. ------ ,- ..
ARTICLE THREE. ENFORCEMENT
S.cllo, 301, Ch.....
1.
.,..1
88
Special Session, March 7, 1969
..dln...., mov in i,,", monn., moko,
~g" and m, wch "'A....
2. A v.,iti", COpy of a comploinl fll'"
with 'ho Iowa Slota CIvil RIgh" Com-
m""" under tho ""ovi,'... of Cho..
. ... n05A> of tho
.. "'all
pur.
2.
.""
Soc:I'" 305. p.-..... _n -..
or fInd in.. Of .-. <IIuse.
f.
Sedlon 306. proceedIn.. _.rd con-
cAlOt"'.
1.
the prono""
..,lIon 'okon.
Sodinn '3ff1. P""""'" u.... ..nu'"
10 .....a.....
condllol' tho per-
oded to "",,Hio'o
or, un,blo to con-
th"" "'aU mort
lno 10 tho Com-
Cn_-""'" 40-
wall
2.
,_u
Special Session, March 7, 1969
B9
"'all fall '0
complain', ..
porßOn or by
, tho Comml"
to consld., 'ho
""" "'all bm it,
6.
Iniundon, tho ""on ch.,.", m..
"oul" tho Comm',,'on 10 ",mpl"o
ad~n on tho CO" within 'o'..n (7)
dm .. ,u<h ion", p"iod " ho ,hall
"""Y.
ARTICLE FOUR. GENERAL PROVI.
SiONS.
Soction "",. 0""""". Whon u"d In
thl' ordinance. unim tho con"xt ofh,,-
wi" r"ul""
,. "Comml"ion" moo.. tho Dub""uo
Humon RiOh" Comml,,'on.
2. "Comp'oinonl" m".. a p"..n who
h" fIIod a chargo " provid'" by
"ct~n "" of Ihi, ordinanco.
3. "Family" moo.. any individu" and
hi. .nou", ond tho Unooi "condon"
and d"condonf, 01 oith" who Uvo in
n.. $Omo hou"hoid.
,. "Pmon"
vidu"..
cornor"io.., 109" "p"
tru,"ns, 'ocolv"", and tho
Dcbuo" or onv board, cm,
d"arlmonl or agana Ih.,aof.
5.
nanea.
S"Uoo '02. R....,.,. All ordinancns
or part, Of .,dlnanco, in ","':let with
tho prov~io.. of th~ ordinanea aro
Thl' ."'inonea
ubuouo Human
"". Th' ordi-
aft" if, fipol
pubUcali.n, a'
",ovidod by law.
Intrnduc'" tho 17th day of Fobruo",.
"".
Rulo ',"uirin. roading on throe "'0-
ro" dm ,u,pendod by uoo",m"", vote
tho 17th daY Of Fobrua"" "".
P""" by roco""" mil call vola,
adoof'" and approvod Ihi, 7th dey of
Mmh,I96'.
Wait., A. Pr..i.,
Mayor
SYlv,,'" McC,uioy
M.,lIn F. Schultz
Donald R. MoYOr'
Gayiord M. Cou<hmen
Counc"m"
AII"" Lao F. Fmmmoit
City c¡".
Pub'i,hod oftlcia'iY in Tho Tolo.raph-
Hmid Now""" thi, 13lh day of Mar'"
"".
Lao F. Fmmm"t
Cltv Ci.,..
It. 3/13
Councilman McCauley moved fi-
nal adoption of the Ordinance.
Seconded by Councilman Schultz.
Carried by the following vote:
Yeas - Mayor Pregler, Coun-
cilmen Couchman, Meyers, McCau-
ley, Schultz.
Nays-None.
Communication of Dubuque Cas-
ket Co. objecting to the proposed
zoning of their property between
17th and 18th Streets on Washing-
ton from Light Industrial to Mul-
tiple Housing, presented and read.
Councilman Meyers moved that
the communication be referred to
the Planning & Zoning Commis-
sion. Seconded by Mayor Pregler.
Carried by the following vote:
Yeas - Mayor Pregler, Coun-
cilmen Couchman, Meyers, MeCau-
ley, Schultz.
Nay~None.
'"
90
Special Session, March 7, 1969
Communication of Dubuque
Downtown Merchants Ass'n. ad-
vising that they will hold their
bi-weekly general meeting on
Tuesday, March 11, 1969, at 7:30
A.M. at the Elks Club, with Mr.
Gent Wittenberg, as the main
speaker and requesting Council
attendance, presented and read.
Councilman Schultz moved that
the communication be received
and filed. Seconded by Mayor
Pregler. Carried by the following
vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCau-
ley, Schultz.
Nay~None.
Communication of Dubuque Ad-
visory Commission expressing a
willingness to serve the City fur-
ther by conferring with City of-
ficials to review the City's needs
for governmental facilities now
that the County Advisory Commis-
sion has completed its study, pre-
sented and read. Councilman Mc-
Cauley moved that action be post-
poned until the County Advisory
Commission makes its official re-
port. Seconded by Councilman
Couchman. Carried by the follow-
ing vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Communication of General Driv-
ers and Helpers Union Local No.
421, stating that the Mayor's pro-
posed wage increase by advancing
all men in Range 18 to Range 19,
and all others to receive the pro-
posed 6%, for the group of work-
ers they represent, is unaccept-
able, stating that Owen Riley as
President of the local is autho-
rized to propose a 25t per bour
increase for each employee, pre-
sented and read.
Mr. Owen Riley, President of
Local, stated that a good offer
has been made but an increase of
25¡! per hour is desired.
Councilman Meyers moved that
the communication be received
and filed. Seconded by Council-
man Couchman. Carried by the
following vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Na~None.
Councilman Couchman moved
that an increase of 25¡! per hour
across the board be granted. Sec-
onded by Councilman Schultz.
Carried by the following vote:
Yeas - Mayor Pregler, Coun-
cilmen Couchman, Meyers, Schultz.
Nay~None.
Not voting - Councilman Mc-
Cauley.
Certificate of Merchants Mutual
Bonding Co. shclwing authoriza.
tion issued by the Insurance De-
partment of Iowa to transact its
appropriate business òf Fidelity &
Surety Insurance, presented and
read. Councilman Schultz moved
approval of the certificate. Sec-
onded by Councilman Meyers. Car.
ried by the following vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCau-
ley, Schultz.
Nay~None.
Communication of Dubuque As-
sociation of the Blind, by Donald
Gagne, President objecting to the
operation of traffic lights at 14th
& Jackson and 16th and Elm and
also requesting more enforcement
of the pedestrian right of way law,
presented and read. Councilman
Meyers moved that the communi.
cation be referred to the City Man-
ager and staff. Seconded by Coun-
cilman Couchman. Carried by the
following vote:
Yeas - Mayor Pregler, Coun-
cilmen Couchman, Meyers, McCau-
ley, Schultz.
Nay~None.
Mr. Doug Tanner of 2555 Wash-
ington Street, Richard Brown of
1707 Lincoln Ave., and Aldo Mad-
dalozzo of 2960 White Street as
representatives of the blind were
in attendance in support of their
petition. Mr. Tanner stated that
tripper lights are a menace and
requested more hand controlled
devices. He also stated that the
blind are trying to get different
type canes to alert traffic more
effectively when they cross streets.
March 7, 1969
To the Honorable Mayor and
City Council
Gentlemen:
This is to advise that I have
approved the following bonds and
Special Session, March 7, 1969
91
desire to bave your approval on
same.
PUBLIC OFFICIAL BOND
Romolo N. Russo, Western Surety
Company
SIDEWALK
M. P. Kluck and Son, Merlin P.
Kluck DBA, United States Fidel-
ity & Guaranty Co.
Unk Construction Co., John T.
Unk DBA, United States Fidel-
ity & Guaranty Co.
Respectfully,
Gilbert D. Chavenelle,
City Manager
Councilman Meyers moved that
filing of the bonds be approved
subject to approval of the City
Attorney. Seconded by Mayor Preg-
ler. Carried by the following vote: i
Yeas - Mayor Pregler, Councii- I
men Couchman, Meyers, McCauley,
Sehultz.
NaY~None.
Council Roco...d at 9:08 P.M.
Roconvonocl at 9:15 P.M.
February 28, 1969
Honorable Mayor and
City Council
Re: Joseph E. Vize
Gentlemen:
On November 18, 1968, Joseph
E. Vize, of 2675 Windsor Avenue,
Dubuque, Iowa filed claim against
the City of Dubuque, Iowa, for
damages allegedly snffered on Sep-
tember 10, 1968 as the result of a
tree limb falling on the roof of
his house.
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 Joseph E. Vize be denied.
Original claim is attached bere-
to.
Yours very truly,
R. N. Russo,
City Attorney
Councilman McCauley moved
tbat the recommendation of the
City Attorney be approved. Sec-
onded by Councilman Couchman.
Carried by the following vote:
Yeas - Mayor Pregler, council.
men Couchman, Meyers, McCauley,
Schultz.
Nays - None.
February 28, 1969
Honorable Mayor and
City Council
Re: Anna Willging
Gentlemen:
On January 3, 1969, Anna Willg-
ing of 1985 Alta Vista Street, Du-
buque, Iowa filed claim against
the City of Dubuque, Iowa for
damages allegedly suffered on No-
vember 15, 1968 as the result of
a tree limb falling on the roof of
her home.
This matter was referred to the
appropriate City Agency who made
an investigation thereof and reo
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 Anna Willging be denied.
Original claim is attached here-
to.
Yours very truly,
R. N. Russo,
City Attorney
Councilman McCauley moved
that the recommendation of the
City Attorney be approved. Second-
ed by Councilman Couchman. Car.
ried by the following vote:
Yeas - Mayor Pregler, Council,
men Couchman, Meyers, McCauley,
Schultz.
Nays - None.
February 26, 1969
Honorable Mayor and
City Council
Re: Cyril L. Vogler, Treasurer
Du Trac Credit Union
Gentlemen:
On December 17, 1968, Du Trac
Credit Union, by Cyril L. Vogler,
of Dubuque, Iowa filed claim
against the City of Dubuque, Iowa
for damages allegedly suffered on
December 12, 1968 as the result
of limb falling on its auto from a
diseased elm tree.
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 of
the City Attorney that the claim of
Du Trac Credit Union be denied.
Original claim is attached here.
to.
Yours very truly,
R. N. Russo,
City Attorney
92
Special Session, March 7, 1969
Councilman McCauley moved
that the recommeudation of the
City Attorney be approved. Second-
ed by Councilman Couchman. Car-
ried by the following vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
February 28, 1969
Honorable Mayor and
City Council
Re: W. J. Daugherty
Gentlemen:
On October 23, 1968, W. J.
Dangherty of 1004 Bluff, Dubuque,
Iowa filed claim against the City
of Dubuque, Iowa, for damages al-
legediy suffered on Octoher 18,
1968 as the result of a limb from
a dead elm tree falling on the
roof of his bome.
This matter was referred to the
appropriate City Agency who made
an investigation of said matter and
reported 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 W. J. Daugherty be denied.
Original claim is attached here-
to.
Yours very truly,
R. N. Russo,
City Attorney
Councilman McCauley moved
that the recommendation of the
City Attorney be approved. Sec-
onded by Councilman Couchman.
Carried by the following vote:
Yeas - Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nays - None.
March 3, 1969
Hon. Mayor and City Council
Re: Eldon Kieffer
Gentlemen:
On October 26, 1968, Eldon
Kieffer of 890 Pleasant Street,
Dubuque, Iowa filed claim against
the City of Dubuque, Iowa, for
damages allegedly snffered on Oc-
tober 17, 1968 as the result of a
limb from a dead elm tree falling
on his motor vehicle.
This matter was referred to the
appropriate City Agency who made
an investigation of said matter
and reported by letter to this of-
fice of no liability and in view of
the foregoing, It is the recOllllllell.
dation of the City Attorney that
the claim of Eldon Kieffer be de-
nied.
Original claim is attached here-
to.
Yours very truly,
R. N. Russo
City Attorney
Councilman McCauley moved
that the recommendation of the
City Attorney be approved. Sec-
onded by Councilman Couchman.
Carried by the fallowing vote:
Ye~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
March 3, 1969
Hon. Mayor and City Council
Re: Lucille G. Schmitt
Gentlemen:
On October 25, 1968, Lucille G.
Schmitt of 55 E. 15th Street, Du.
buque, Iowa, filed claim against
the City of Dubuque, Iowa, for
damages allegedly suffered on Oc-
tober 17, 1968 as the result of a
limb from a dead elm failing on
the roof of her home.
This matter was referred to the
appropriate city agency who made
an investigation of said matter 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 Lucille G. Schmitt be de.
nied.
Original claim is attached here-
to.
Yours very truly,
R. N. R1I8S0
City Attorney
Councilman McCauley moved
that the recommendation of the
City Attorney be approved. Sec.
onded by Councilman Couchman.
Carried by the following vote:
Yea~Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
March 3, 1969
Hon. Mayor and City Council
reo Jamea F. Link
Gentlemen:
On December 24, 1968, Jamea
F. Link of 3023 W. 32nd Street,
Dubuque, Iowa filed claim aeslDSt
the City of Dubuque, Iowa for
Special Session, March 7, 1969
93
damages allegedly snffered on De-
cember 9, 1968 as the result of
striking a downed tree laying in
the road near the 800 Block of
West 32nd Street with his motor
vehicle.
This matter was referred to the
appropriate City Agency who
made an investigation of said mat-
ter and reported by letter to this
office of no liability and in view
of the foregoing, it is the recom.
mendation of the City Attorney
that the claim of James F. Link
be denied.
Original claim ia attacbed here-
to.
Yours very truly,
R. N. Russo
City Attorney
Councilman McCauley m 0 v e d
that the recommendation of the
City Attorney be approved. Sec.
onded by Councilman Couchman.
Carried by the following vote:
Yea ~Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
March 3, 1969
Hon. Mayor and City Council
reo American States Ins.-insurer
Marie K. Fangman-insured
Ø'73-5O7
Gentlemen:
On January 30, 1969, American
States Insurance, Co., Dubuque,
Iowa, f i 1 e d subrogation claim
against the City of Dubuque, Iowa
arIsIng out of claim against them
by Marie K. Fangman, their in.
sured, as the result of damages
allegedly caused on December 4,
1968, by a limb from a diseased
elm tree fal1lng on her motor ve-
hicle.
This matter was referred to the
appropriate City Agency who
made an investigation of said mat.
ter and reported by letter to this
office of no liabl1lty and In view
of the foregoing, it ia the recom-
mendation of the City Attorney
that the clslm of American States
Insurance Company be denied.
Original claim Is attached here.
to.
Yours very truly,
R. N. Rusao
City Attorney
Councilman McCauley m 0 v e d
that the recommendation of the
City Attorney be approved. Sec.
onded by Councilman Couchman.
Carried by the following vote:
Yeas-Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
March 4, 1969
Hon. Mayor and City Council
Gentlemen:
On the 4th day of February,
1969, Dorothy Kamentz of 1831
Jackson Street, Dubuque, Iowa
filed claim for damages for in.
juries allegedly snffered on De-
cember 29, 1968 as the result of
a fall at the intersection of 20th
and Washington Streets, allegedly
resulting from a defective condi-
tion existing thereat, consisting of
icy hump and icy street at said
intersection.
Said matter was referred to the
City Attorney who has made an
investigation into this matter and
conferred with the claimant. I
have examined the medical ex-
penses and find that the said
claimant broke her wirst and that
at the time of her alleged fall was
working as a nurse's aide.
That the said claimant has made
an offer for settlement of $302.20
and it is the recommendation of
the City Attorney that said offer
of settlement be accepted and that
the City Auditor be instructed to
draw warrant payable to Harold
Kamentz and Dorothy 1 Kamentz,
individually, and as husband and
wife, in the amount of $302.20
and that same be transmitted to
the City Attorney for delivery
upon receipt of duly releases.
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 Mayor Pregler. Carried by the
following vote:
Yea~Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
Special Session, March 7, 1969
Marcil 6, 1969 main Project sold to Smitty's Ex-
Honorabie Mayor and covaling service, presented and
City Council read. Mayor pregler moved tbat
Gentlemen: the. '?"tice be. refer!",d .to the City
On November 20, 1968, Joyce SoliCItor for mvestlgabon and reo
Ann Thurston, a minor by Char- port. Second~d by Councilman ~c,
lone H. Thurston as next friend, Cauley. CarrIed by the followmg
caused notice to be served on the vote:
City as plaintiffs wherein North- Ye35-Mayor Pregler, Council-
westeru Bell Telephone Company men Coucbman, 'Meyers, McCauley,
and City of Dubuque, Iowa were Schultz.
named defendants and which peti- Nay~None.
tion attached thereto cl~imed dam- Copy of notification of Griffin
age~ .m four respectiVe .counts Pipe Products Co. submitted to
clamung total damages m the Merchants Mutual Bonding Co., in
amount of $2,750.00 for ?ama~es the amount of $25,357.27, for ma-
allegediy suffered by saId child terial furnished to Smitty's Ex-
and parent. 0'.' or about. August cavating for Mt. Carmel Feeder
21, 1968 cl31mmg a defectIVe con- Main Project presented and read
dition abutti!,g the public walk Mayor Pregier moved that th~
of the ~rem1Ses of 2812 Central communication be referred to the
Avenue m the I?ty of Dubuque, City Solicitor for investigation and
Iowa and that sa.,d matter was re- report. Seconded by Councilman
~erred to the City Attorney wbo McCauley. Carried by the follow-
mterposed the approprIate defense ing vote.
thereafter, the plaintiff through' .
her attorney made an offer of Yea~Mayor Pregler, Counell-
settlement to release and satisfy men Couchman, Meyers, McCauley,
their claim against the City of Schultz.
Dubuqne for the total sum of Nay~None.
$250.00. Notice of Suit of Albert Hen-
It is the recommendation of the neger, Law No. 38517, in the
City Attorney that said offer of amount of $7500. for personal in.
settlement he accepted and the juries received in a fall on an
City Auditor he instructed to draw ice covered sidewalk at 1881 Me-
a warrant payable to Charlene H. Cormick Street on March 7, 1967,
Thurston, individual and as natural presented and read. 'MafO!!' Preg-
guardian of Joyce Ann Thurston, a ler moved that the notice be re-
minor child and to transmit the ferred to the City Solicitor for
same to the City Attorney for de- investigation and report. seconded
livery upon receipt of duly exe- by Councilman McCauley. Carried
cuted releases and dismissal of said by the following vote:
a.ction with prejudice by the plain- Yeas-Mayor Pregler, Oouncil.
tiffs. men Couchman, Meyers, McCauley,
Copy of original notice with Schultz.
petition attached is returned here- Nays-None.
with.
Respectfully submitted, Notice of Expiration of Right
R. N Russo of Redemption and for taking tax
. City' Attorney deed on Lot 1 of Lot 349 in East
Dubuque Addu. No.2, presented
Jlayor Pregler moved that the and read. Councilman Me y e r s
recommendation of the City Attor- moved tbat the notice be referred
ney he approved. Seconded by to the City Solicitor for investiga.
Councilman Meyers. Carried by the tion and report. Seconded by
following vote: Councilman Couchman. Carried by
Yeas - Mayor Pregler, Council- the following vote:
IIWl Couchman, Meyers, McCauley, Yea~Mayor Pregler, Council-
Schultz. men Coocmnan, Meyers, McCauley,
Nay~None. Schultz.
Notice of claim of A. Y. Mc- Nay~None.
Donal1l Mfg. Co. in the amount \' 'Petition of Dale Wernecke re-
of $7,013.69 for materials fur- questing rezoning of Lot 34
nished on the Mt. Carmel Water- through 36, 83, 84 and 90 thur
94
SPecial Session, March 7, 1969
95
98 of Woods Addition, near Kirk-
wood & Blake Streets, from its
present classification to Multiple
nm\1y District Classification, pre-
sented and re a d. Councilman
SdWb moved that the petition
be referred to the Planning &
Zoning Commission. Seconded by
Councilman Meyers. Carried by
the following vote:
Y..~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Proof of Publication, certified
to by tbe Publisber, of notice of
meeting on the matter of the pro-
posed issuance of not to exceed
$125,000 Airport bonds. 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:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nays-NODe.
RESOLUTION NO. ~9
RESOLUTION DIRECTING THE
ADVERTISING FOR SALE OF
$125.000.00 OF
AIRPORT BONDS
WHEREAS, the Municipality of
ÐW>uque, Iowa, proposes to eqo;p,
improve and enlarge the hereto-
fore established Dubuque, Munic-
ipal Airport and for sueh purpose
it is necessary to issue $125,000.00
of Airport Bonds as authorized by
Section 330.16, Code of Iowa, 1966;
and
WHEREAS, notice of the inten-
tion of the Municipality to issue
said bonds was published in The
Telegraph Herald, a legal news-
paper. printed wholly in the Eng-
lish language, published in Du-
buque, Iowa, on February 18, 196!i'.
as required by Cbapters 4O8A and
23, and Section 330.16, of the
Code of Iowa, 1966, and no petition,
as contemplated by Section 2 of
the said Chapter 4O8A and by
Section 330.16, has been filed, and
no objections as contemplated by
Chapter 23 have been filed with
the Clerk of Dubuque, Iowa, prior
to the date fixed in said notice,
and the Council is therefore au.
thorized to issue said bonds:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That there be offered at public
sale pursuant to advertisement, as
required by law, the following
bonds:
AIRPORT BONDS, in the principal
amount of $125,000.00, to be
dated March 1, 1969, in the
denomination of $5,000.00 each,
and to mature as follows:
$25,000.00 on December 1, 1970
$25,000.00 on December 1, 1971
$25,000.00 on December 1, 1972
$25,000..00 on December I, 1973
$25,001).00 on December 1, 1974
That the Clerk be and he is
hereby directed to public notice
of sale of said bonds for two
successive weeks in The Telegraph
Herald, a legal newspaper, printed
wholly in the English language,
published in Dubuque, Dubuque
County, Iowa, and of general cir-
culation in the City of Dubuque,
Iowa, said notice to state tbat this
Council on the 20th day of March,
1969, at 12:00 o'clock Nooo, will
hold a meeting to receive and act
upon b;ds for said bonds; said
notice to be in the following fann:
OFFICIAL NOTICE 01' SALE
$12s.ooo.oo .
CITY OF DUBUQUE, IOWA
AIRPORT BONDS
Sealed bids will be received
until 12:00 Noon, Central Standard
Time, on the 20th day of March,
1969, at the office of the City
Clerk in the City Hal!, Dubuque,.
Iowa, for the purchase of $125,000.-
00 Airport Bonds of the City of
Dubuque, Iowa, at which time such
bids will be referred to the City
Council of said City at its meet-
ing to he then held at the Council
Chambers in the City Hall in said
City. Open bidding will be con-
cluded not later than 1:00 P.M.
and after the hest open bid ha&
been determined, the sealed bids
will be publicly opened and the
bonds will ~ sold to the highest
bidder for cash. Sealed bids will
be fully p.otected.
Said bonds will be dated March
1, 1969, in the denomination of
96 Special Session, March 7, 1969
$5,000.00, bear interest at a rate I Des Moines, Iowa, together with
or rates not exceeding five percent tbe transcript and usual closing
(5%) per annum, payable June 1, papers, including non-litigationcer-
1969, and semi-annually thereafter, tificate. Said opinion will be print-
registrable as to principal ouly ed on the bonds and will recite
and will mature serially and in that, based on existing statutes
numerical order $25,000.00 on De- and court decisions, interest on
cember 1 of each of the years said bonds is exempt from present
1970-74, inclusive. Federal income taxes. Each bidder
None of said bonds will be op- !"ust furnish a certified or cash.
tional for redemption prior to ler's check drawn on a solvent
maturity. Both principal and in- state or national bank or trust
terest will be payable at the office company for $2,500.00 payable to
of the City Treasurer, Dubuque, the o~er. of the City Treasurer
Iowa. Each bid must be for all of of saId cIty as a guarantee of
said bonds upon terms of not less good faith, this amount to be re-
than par and accrued interest and tained pending full. performance
shall specify the interest rate or by the successful bIdder and to
rates for the bonds in a multiple be forfeited to the City as agreed
of one-quarter or one-tenth of one liquidated damages upon failure
percent provided that ouly one to take up and pay for the bonds
rate sball be specified for a single when ready in accordance with
maturity and not more than three his bid, which must be reduced
rates may be named for the issue. to writing on the Official Bid
Repeating a previously mentioned Form.
~::alW¡~te~~:t ~~~:ti~~~ t~~ ~:: . The City. C~uncil n:"!'rv~s the
est interest rate shall be a rate ~ght to w~lve mformalities. many
no more than 1% per annum bId, to re~ect. any or all ~Ids and
above the lowest rate. Each in- ~ determ~!,e m its sole discretion
stallment of interest will be repre- he best Id.
sented by a single coupon on eacb The City Council has authorized
bond. The bonds WIll he awarded the preparation of an Official
to the best. bidder determined Statement containing pertinent In-
upon the baSIs of the lowest total formation relative to the City. For
interest cost at. th~ rate or rates copies of that Statement and the
designated in his bId fro!" March Official Bid Form, or for any
1, 19~9, to the respectIve final additional information, any pros-
matunty dates, after deducting pective purchaser is referred to
a~y premium. the undersigned at the City ~all,
These bonds will constitute gen- Dubuque, Iowa, or the MunicIpal
eral obligations of the City pay- Finance Consultants to tbe City,
able from taxes levied upon all Paul D. Speer & Associates, Inc.,
the taxable property in the City 20 North Wacker Drive, Cbicago,
without limitation as to rate or Blinois 60606. Telephone Area 312
amount. Said bonds are expected -Financial 6-0858.
to be delivered within thirty (30) .'
days after the sale at any mutual- By .order of the CIty Council of
ly agreeable bank or trust com- the CIty of Dubuque, Iowa.
pany in the City of Chicago, llli- Isl L<;o F. Frommelt
nols; Dubuque, Iowa; or Des CIty Clerk
Moines, Iowa, without ex1?ense to That all resolutions or parts of
the purchaser. Sho~ld delivery be resolutions in conflict herewitb be
~:,::e~hebe~~:,d o~lxt~e (~~r d:~; and the same are hereby repealed.
reason except failure of perfor- PASSED AND APPROVED this
mance by the purchaser, the City 7th day of March, 1969. '
may cancel the award or tbe pur- Walter A Prègler
cbaser may withdraw his check Mayor
and thereafter his interest in and Attest:
liability for the bonds will cease. Leo F Frommelt
The City will furnisb the printed City' Clerk
bonds and the approving opinion
of Messrs. Ahlers, Cooney, Dor. Councilman Meyers moved adop-
weiler, Allbee & Haynie, Attorneys, tion of the resolution. Seconded
Special Session, March 7, 1969
by Councilman McCauley. Carried
by the following vote:
Yo_Mayor Pregler, Council-
men Couchman, Meyers, McCauley.
"Nay~ouncilman Schultz.
RESOLUTION NO. 57-69
RESOLUTION DIRECTING THE
ADVERTISEMENT FOR SALE
OF $565.000.00 FIRE STATION
BONDS OF DUBUQUE, IOWA
WHEREAS, at an election legal.
ly called, noticed and held on the
10th day of December, 1968, by
the voters of the Municipality of
Dubuque, Iowa, the voters author-
ized the issuance of $565,000.00 of
Ftre Station Bonds for the purpose
of constructing a new fire station
at the comer of 9th Street and
Central Avenue, and authorized
the levy of an annual tax of not
exceeding one mill per annum for
the payment of such bonds and
the interest thereon:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CFrY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Fire Station
Bonds in the amount of $565,000.00
to be issued as referred to in the
preamble of this resolution, to be
dated March 1, 1969, be offered
for sale pursuant to published
advertisement.
Section 2. That the Clerk be and
he is hereby authorized and direct-
ed to publish notice of the sale
of said bonds for two successive
weeks in The Telegraph Herald,
a legal newspaper, printed wholly
in the English language, published
in Dubuque, Dubuque County,
Iowa, and ,of general circulation
in Dubuque, Iowa, such notice to
state that bids will be received
and acted upon by this Council
at a meeting to be held at 12:00
o'clock Noon, on the 20th day of
March, 1969, such notice to be in
substantially the following form:
OFFICIAL NOTICE OF SALE
$565.000.00
CITY OF DUBUQUE, IOWA
FIRE STATION BONDS
Sealed bids will be received
until 12:00 Noon, Central Standard
Time, on the 20th day of March,
1969, at the office of the City
Clerk in the City Hall, Dubuque.
97
Iowa, for the purchase of $565,-
000.00 Fire Station 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 bidding
will be concluded not later than
1:00 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 March
1, 1969, in the denomination of
$5,000.00, bear interest at a rate
or rates not exceeding five percent
(5%) per annum, payable June 1,
1969, and semiannually thereafter,
registrable as to principal only
and will mature serially and in
numerical order on December 1
of each of the respective years,
as follows:
You
1970
1971
1972
1973
1974
1975
1978
1977
1978
1979
Amount
$35,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$65,000.00
$65,000.00
$75,000.00
$75,000.00
None of said bonds will be op-
tional for redemption prior to
maturity. Both principal and in.
terest will be payable at the office
of the City Treasurer, Dubuque,
Iowa. Each bid must be for all
of said bonds, upon terms of not
less than part and accrued interest
and shall specify the interest rate
or rates for tbe bonds in a mul-
tiple of one-quarter or one-tenth
of one percent provided that ouly
one rate shall be specified for a
single maturity and not more than
three rates shall be named for the
issue. Repeating a previously men-
tioned rate will not constitute an
additional interest rate and the
highest interest rate shall be a
rate no more than 1% per annum
above the lowest rate. Each in.
stallment of interest will be repre-
sented by a single coupon on each
bond. The bonds will be awarded
to the best bidder determined
III
'II
III
1.,/1
II
I
1[1'
I'll
'I'
1[11
II!I
ß'
98
Special Sessiou, March 7, 1969
upon the basis of the lowest total
interest cost at the rate or rates
designated in his bid from March
1, 1969, to the respective final
maturity dates after deducting any
premium.
These bonds will constitute gen-
eral obligations of the City pay-
able from a continuing annnal tax
levied upon all the taxable prop-
erty in the City. Said bonds are
expected to be delivered within
thirty (30) days after the sale at
any mutually agreeable bank or I
trust company in the City of Chi-
cago, l1Iinois; Dubuque, Iowa; or
Des Moines, Iowa, without expense
to the purchaser. Should delivery
be delayed beyond sixty (60) days
from date of sale for any reason
except failure of performance by
the purchaser, the City may cancel
the award or the purchaser may
withdraw his check and thereafter
his interest in and liability for the
bonds will cease. The City will
furnish the printed bonds and the
approving opinion of Messrs. Ah-
lers, Cooney, Dorweiler, Allbee &
Haynie, Attorneys, Des Moines,
Iowa, together with the transcript
and usual closing papers, in£lud-
ing nonlitigation certificate. Said'
opinion will be printed on the
bonds and will recite that, based
on existing statutes and court
decisions, interest on said bonds
is exempt from present Federal
income taxes. Each bidder must
furnish a certified or cashier's
check drawn on a solvent state or
national bank or trust company
for $11,300.00 payable to the order
of the City Treasurer nf said City
as a guarantee of good faitb, this
amount to be retained pending full
performance by the successful bid-
der and to be forfeited to the City
as agree liquidated damages upon
failure to take up and pay for the
bonds when ready in accordance
with his bid, which must he re-
duced to writing on the Official
Bid Form.
The City Council reserves the
rigbt to waive informalities in any
bid, to reject any or all bids and
to determine in its sale discretion
the best bid.
The City Council has authorized
the preparation of an Official
statement coniaining pertinent in-
_tion relative to tire City. For
copies of that Statement and the
Official Bid Form, or for any
additional information, any pros-
pective purchaser is referred to
the undersigned at the City Hall,
Dubuque, Iowa, or the Municipal
Finance Consultants to the City,
Paul D. Speer & Associates, Inc.,
20 North Wacker Drive, Cl>icagll,
lliinois 60606. Telephone: Area :J12
-Financial 6-0858.
By order of the City Council of
the City of Dubuque, Iowa.
Isl Leo F. Frommeit
City Clerk
Section 3. That all resolutiooS
or parts of resolntions in conflict
herewith be and the same are
hereby repealed.
PASSED AND APPROVED, this
7th day of March, 1969.
Walter A. Pregler
Mayor
Attest:
Leo F. Frommelt
City Clerk
Councilman McCauley maved
adoption of the resolution. Sec.
onded by Councilman Meyers. Car-
ried by the following vote:
Ye~Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
March 12, 1969
Honorable Mayor and
City Council
Genilemen:
The Mount Carmel Feeder Main
Project has been completed and
is ready to be put into operation
as an addition to the City Water
Distribution System.
I recommend that it be _epted
at a total cost of $100,641.21 whieh
is being paid for by the Water
Department General FWId,
Respectfully,
Gilbert D. Chavnel1e,
City MamIgI!1'
Councilman MIJI!fS ",wed ap-
proval of the reeommendation.
Seconded by Mayor Pregler. Car-
ried by the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Sehultz.
Nllys-None.
Special Session, March 7, 1969
FINAL ESTIMATE
RESOLUTION NO. 58-69
WHEREAS, the contract for the
Mount Carmei Feeder Main Proj.
ect has been completed and the
City EngiJIeer has submitted his
final. estimate showing the cost
thereof including the cost of esti-
mates, notices, inspection, and
preparing 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
$100,641.21.
That None of the cost thereof
sJ¡all be assessable upon private
property and $107,641.21 shall be
paid from the Water Works Gen-
eral Fund of the City of Dubuque.
Passed, adopted and approved
this 7th day of March, 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Conchman
Councilmen
~:
Leo F. Frommelt
City CIeri<
Mayor Pregler moved adoption
of the resolution. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas-Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
ScbuJ1z.
Nay~None.
(A RESOLUTION ACCEPTING
IMPROVEMENT)
RESOLUTtON NO. 59-<19
WHEREAS, the contract for the
Mðunt Carmel Feeder Main Proj-
ect has been completed and the
City Manager has eKamined the
\OOrk and filed his certificate stat-
ing that the same has been com-
pleted according to the terms of
the contract, plans and specifica-
tiQDS and recommends its accept-
ance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
CitJ Jo[anager be approved and
that said improvement be and the
oame is hereby accepted.
BE IT FURTHER RESOLVED,
that the Citr Treasurer be and be
99
is hereby directed to pay to the
contractor from the funds to be
realized from Water Works Gen.
erai Fund in amount equal to the
amount of his contract, less any
retaioed percentage provided for
therein.
Passed, adopted and approved
this 7th day of March, 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Conchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Pregler moved adoption
of the resolution. Seconded by
Councilman Meyers. Carried by
the following vote:
Yea~Mayor Pregler, Council-
men Coucbman, Meyers, McCauley,
Schultz.
NaY~None.
RESOLUTION NO. 60-69
A RESOLUTION APPROVING
TJiE CITY OF DUBUQUE, IOWA,
1968 STREET FINANCE REPORT
WHEREAS, a distribution of ex-
penditures and receipts of the
City of Dubnque for "MUNICIPAL
STREET AND PARKINt}" for the
fiscal year from January 1, 1968
to December 31, 1968, has been
duly prepared in accordance with
Chapter 312 of the 1966 Code of
Iowa, as amended, and submitted
to the City Council for approval:
and
WHEREAS, this Council has ex.
amined the distribution of receipts
and expenditures of the City of
Dubuque, Iowa, for Munkipal
Streets and Parking, wherein the
receipts and expenditures for the
fiscal year are shown.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the distribution of receipts
and expenditures designated Of-
ficial Report of Municipality for
Municipal Streets and Parking for
tbe year 1969 known as the Street
Finance Report, as beretofore pre-
pared, be and the same is hereby
approved.
ill
II
III
1'1
I
Iii
'I
I'
II!
þJ
100
Special Session, March 7, 1969
Passed, adopted and approved
this 7th day of March 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Scbultz
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.
Nay~None.
RESOLUTION NO. 61-69
WHEREAS, City of Dubuque,
Iowa has negotiated with the Chi-
cago North Western Railway Com-
pany for the granting of a license
for the construction, maintenance
and use of a sanitary sewer and
adjacent to tracts and on the prop.
erty of tbe railroad company, the
location of which is sbown in yel-
low on Exhibit "A" attached to
said licensing agreement, and
WHEREAS, the City of Dubuque, I
Iowa deems it in the best public
interest that said City of Dubuque
enter into such licensing agree-
ment with said railroad company.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the 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 and under
and adjacent to tracks of said
railway company as shown in yel.
low on Exhibit "A" attached to
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 agreement
with said railway company for and
on behalf of the City of Dubuque,
Iowa be and the same is hereby
approved.
Passed, approved and adopted
this 7th day of March, 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Coucbman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman McCauley m 0 v e d
adoption of the resolution. Sec-
onded by Councilman Meyers. Car.
ried by the following vote:
Yea~Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Na~None.
RESOLUTION NO. 62-69
WHEREAS, City of Dubuque,
Iowa has negotiated with the Chi-
cago North Western Railway Com.
pany for the granting of a lIcense
for the construction, maintenance
and use of a sanitary sewer and
adjacent to tracts and on the prop-
erty of the railroad company the
location of which is shown' on
colored legend on Exhibit "A" at-
tached to said licensing agreement
and
WHEREAS, the City of Du-
buque, 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 RE-
SOLVED 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 tbe
property of the railroad and under
and adjacent to tracks of said rail.
way company as shown on Exhibit
"A" attacbed to said agreement be
and the same Is bereby approved.
Section 2. That the Mayor and
the City Clerk be and they are
hereby authorized and directed to
Special Session, March 7, 1969
execute said licensing agreement
for and on behalf of the City of
Dubuque, Iowa and that the pay-
ment of Eight Thousand Five Hun-
dred and Twenty Dollars ($3,-
520.00) therefor to the said railway
company be and the same is here-
by approved.
Passed, approved and adopted
tbis 7th day of March, 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Attest:
Leo F. Frommelt
City Clerk
101
by Mayor Pregler. Carried by the
following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Councilman McCauley m a v e d
adoption of the resolution. Sec-
onded by Councilman Meyers.
Carried by the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
RESOLUTION NO. 64-69
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, tbat the following appllca.
tions be granted and licenses be
issued upon the compliance with
the terms of the ordinances of the
City.
CLASS "B" BEER PERMIT
Alice H. Erschen, 2617 University
Avenue
Richard Foecking, 2412 Central
Avenue (Effective March 17,
1969)
Florance Theo. Deutsch, 45 West
13th Street
Passed, adopted and approved
this 7th day of March, 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
RESOLUTION NO. 63-69
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.
Dennis K. Manahl, 3201 Central
Avenue
Richard A. Foecking, 2412 Central
Avenue
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plication be approved.
Passed, adopted and approved
this 7th day of March, 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:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
RESOLUTION NO. 65-69
WHEREAS, applications for
Beer Permits have been filed by
the within named applicants and
they have received the apPfOvai
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:
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop.
tion of the resolution. Seconded
," .
102
Special Session, March 7, 1969
NOW THEREFOIlE, BE IT RE-
SOLVED by the City Council of
the City of Duhoque, Iowa, that
the Manager be and he is hereby
directed to issue to the folIowing
named applicants a Beer Permit.
CLASS "SU BEER PERMIT
Alice H. Erschen, 2617 University
Avenue
Richard Foecking, 2412 Central
Avenne (Effective March 17,
1969)
Florance Theo Deutsch, 45 West
13th Street
BE IT FURTHER RESOLVED
that the bonds filed by soch ap-
plicants be and the same are here-
by approved.
Passed, adopted and approved
this 7th day of March, 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Counc.iImen
Attest:
Leo F. Frommelt
City Clerlr
Mayor pregler moved adoption
of the resolution. Seconded by
Councilman McCauley. Carried by
the following vote:
Yeas-Mayor Pregler, Council-
men Coucbman, Meyers, McCauley,
Schultz.
Nays-None.
RESOLUTION NO. 66-69
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
granted and licenses issued upon
the compliance with the terms of
the IOWA LIQUOR CONTROL
ACT-CHAPTER 123--as amend.
ed by tbe 60th General Assembly,
1-.
CLASS "C" COMMERCIAL
ESTABLISHMENT
Richard A. FoeckIng, 2412 Central
Avelllle (Effective March 17,
1l16li)
- ---
Passed, adopted and approved
this 7th day of March, 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:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
RESOLUTION NO. 67,(,,9
WHEREAS, applications for
Liquor Permits were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
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
Richard A. Foecking, 2412 Central
Avenue (Effective Marcb 17,
1969)
Passed, adopted and approved
this 7th day of Marcb, 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
103
Special Session, March 7, 1969
Councilman McCauley. Carried by
the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Scholtz.
Nay~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,
Scbultz.
Nay~None.
Leo F. Frommelt
City Clerk
Approved
1.96Ø.
Adopted
1989
CotuIcilmen
Attest:
. """"..." """.. ""
City Clerk.
Special Session, March 20, 1969
ceived and filed. Seconded by
Mayor Pregler. Carried by the fol-
lowing vote:
Yea~Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
104
CITY COUNCIL
OFFICIAL
Spacial Se..lon, March 20, 1969.
Council mot at 12:00 o'clock
noon (C.S.T.)
P"lOnt-Moyor Preglor, Coun-
cilman Couchman, Mayan, Me-
Couloy, Schultz.
City Monogor Gllbort D. Choy-
anollo.
Mayor Pregler read the call and
stated that service thereof bad
been duly made and this meeting
is called for the purpose of to-
calving and considering bids for
tho solo of $S65.ooo Fire Station
Bonds and $125.000 Airport Bonds,
punuont to odvortlsed lOla, and
acting upon such othor bulin...
In connoctlon thorowlth, and also
acting upon such other business
as may properly come before a
regular meeting of the City Coun-
cil.
Mayor Pregler called for receipt
of oral bids. There being no re-
sponse Councilman Me C a u 1 e y
moved that open bidding be closed.
Seconded by Councilman Meyers.
Carried by the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Mayor Pregler then called for
receipt of sealed bids other than
those lying on the table. There
being no response Mayor Pregler
moved tbat the receipt of sealed
bids be closed. Seconded by Coun.
cilman Schultz. Carried by the
following vote:
Yea~Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Proof of Publication, certified to
by the Publisher, of Official no-
tice of Sale of $565,000 City of
Dubuque, Iowa Fire Station Bonds,
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.
Councilman Meyers moved that
the proof of publication be re-
RESOLUTION NO. _9
RESOLUTION DIRECTING THE
SALE OF $565.000 FIRE STATION
BONDS OF DUBUQUE, IOWA
WHEREAS, pursuant to notice
as required by law, bids have been
received at public sale for $565,-
000.00 Fire Station Bonds, and the
best bid received is that of Harris
Trust and Savings Bank said bid
being 4.6604% per annum with a
premium of None.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That said bid of Har-
ris Trust and Savings Bank is
hereby determined to be the high-
est and best bid received, and that
said bonds be and they are hereby
awarded on said bid.
Section 2. That the form of con,
tract for the sale of said bonds
is hereby approved and the Mayor
and Clerk are hereby authorized
to execute the same on hehalf of
the Municipality.
PASSED AND APPROVED, this
20th day of March, 1969.
Walter A. Pregler
Mayor
Attest:
Leo F. Frommelt
Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Councilman McCauley. Carried
by the following vote:
Ye-Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Proof of Publication, certified to
by the Publisher, of Official No-
tice of Sale $125,000 City of Du-
buque, Iowa, Airport Bonds, pre- ,
sented and read.
No written objections were filed
and no oral objectors were present
at the time set for the hearing.
Special Session, March 20, 1969
105
Mayor Pregler moved that the
proof of publication be received
and filed. Seconded by Councilman
Meyers. Carried by the following
vote:
., Yea~Mayor. Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
RESOLUTION NO. 69-69
RESOLUTION DIRECTING SALE
OF $12S.ooo AIRPORT BONDS
OF DUBUQUE, IOWA
WHEREAS, pursuant to notice
as required by law, bids have been
received at public sale for $125,-
000.00 of AIrport Bonds, and the
best bid received is as follows:
LaSalle National Bank.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
SeCtion I. That the said bid of
LaSalle National Bank is hereby
accepted.
Section 2. That the form of con-
tract for the sale of said bonds
is hereby approved and the Mayor
and Clerk are hereby authorized
to execute the same on behalf of
the Municipality.
PASSED AND APPROVED, this
20th day of March, 1969.
Walter A. Pregler
Mayor
Attest:
Leo F. Frommelt
Clerk
Councllman Meyers moved adop.
tion of the resolution. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas-Mayor Pregler, Council.
men Coucbman, Meyers, McCauley.
Nays-Councilman Sehultz.
Mayor Pregler moved that the
bid checks be returned to the
un-successful bidders. Seconded by
Councilman McCauley. Carried by
the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
March 20, 1969
The Honorable Mayor
and City Council
City Hall
Dubuque, Iowa
Gentlemen:
Bids were received today cover-
ing $565,000 City of Dubuque, Iowa
Fire Station Bonds. There were
nine bids received, which are list-
ed at the bottom of this letter
in accordance with the attached
signed bids. There were no oral
bids.
Upon examination it is our opin-
ion that the bid of Harris Trust
& Savings Bank is the best bid
received, and it is further our
opinion that it is favorable to the
City and should be accepted. We
therefore recommend that the
bonds be awarded to that bidder
at a net interest rate of 4.6604%
and at the premium and interest
coupons as specified in said bid.
Continental lllinois Na-
tional Bank and Trust
Not Interest
Account Managers Rate
CompaJ1Y of Chicago ....4.75588%
First Na1:!onal Bank in St.
Louis ..............................4.6996 %
Halsey, Stuart & Co.,
Inc. ..................................4.77107%
Harris Trust and Savings
Bank ................................4.6604 %
Mercantile Trust Com.
pany, N.A. and Carle-
ton D. Beh Co. ..............4176686%
The Northern Trust Com-
pany ................................4.67996%
LaSalle National Bank ....4.6722 %
First Wisconsin Nat'l.
Bank of Milwaukee .... No Bid
J. Cliff Rahel & Co. ........4.78746%
Becker & Cownie ............4.66946%
Respectively submitted,
PAUL D. SPEER & Associates. Inc.
Paul D. Speer
President
Councilman McCauley moved
that the recommendation be ap-
proved. Seconded by Mayor Preg.
ler. Carried by the following vote:
Yea~Mayor Pregler, Council.
men Couchman, Meyers, McCauley
Schultz.
Nay~None.
106
Special Session, March 20, 1969
Investment Rating:
Moody'. Investors Service, Inc.-A"
$565,000
CITY OF DUBUQUE, IOWA
General Obligation Fire Station Bonds
Date of Sale: March 20, 1969
Bidden Price Coupon Rota.
Harris Trust and Savings Bank-
Chicago AWARDED 100.0000 1970-71 5.00%
197Z-77 4.60%
19'78-'79 4.'ro%
LaSalle National Bank-Chicago-
Manager 100.0000 1978-'75 4.'10%
Dubuque Bank and Trust
Compan,.-Dubuque 1976-77 -t.6MI>
1978-79 -t.'O%
-
Intorast
Rata
-t._%
4.6722%
The Northern Tru.st Company-
Chicago-Manager 100.ð270 1978-71 -t.6O"Æ> U7t9 %
Dain, Kalman & Quail, Inc.-
l\Iinneapolis 1972-73 5.00%
Shaw, McDermott" Co.-Des
Moines 1974-'17 4.60%
Central National Bank and
Trust Co.-Des Moines 19'78-'19 4.'/0%
Becker" Cownie, Inc.-Des Moines
-Manager 100.0040 197()"73 5.00% 4.8894%
Iowa-Des Moines Natiimal Bank
-Des Moines 1974-'16 4'>2 %
The White-Phillips Company.
Inc.-Davenport 1977-79 4.'70%
Fim National Bank in St. Louis loo.03'ro 1970.72 40/4 % 4.6996%
1973-79 4.70%
Continental illinois National Bank
and Trust Company
of Chicago 100.0210 197()'73 5.00% 4.7558%
1974-'78 4.'1M'ø
111'7\}. 4.75%
Mercantile Trust Company, N.A.-
st. Louis----MaDager 100.0060 1970 4.90% 4.'ffl68".
Carleton D- Beh Co.-
Des Moines UJ71.'15 4.80...
UJ7S-79 US%
Halsey, Stuart" Co., Inc.-
Chicago 100.01'/11 197()"73 5.00% 4.7'710%
1974-76 4'1'. %
1977.78 4.70%
1979 40/4 %
J. Cliff Rabel and Company.
Inc.-ornaha 100.0000 197()'7-t 5.00'10 4.'1674'11>
1975-77 4.80%
1978-79 U5%
1<17
Special Session, March 20, 1969
March 20, 1969 First National Bank in St.
The Honorable Mayor Louis ..............................4.623 %
and City Council Halsey, Stuart" Co.,
City Hall Inc. ..........m.................-...4.61493%
Dubuque, Iowa Harris Trust and Savings
Gentlemen: Bank ................................4.5120 %
Bids were received today cover- Mercantile Trust Com-
ing $125,000 City of Dubuque, Iowa pany, N.A. and Carle-
Airport Bonds. There were nine ton D. Beb Co. .............,4.65586%
bids received, which are listed at The Northern Trust Com-
the bottom of this letter in ac- pany ................................4.55301%
cordance with the attached sigued LaSalle National Bank ....4.456 %
bids. There were no oral bids. Fir s t Wisconsin Nat'l
Upon examination it is our opin- Bank of Milwaukee.... No Bid
ion that the bid of LaSalle Na- J. Cliff Rahei & Co. ........4.69666%
tional Bank is the best bid re- Beeker" Cownie, Inc. ....4.62986%
ceived. and it is further our opin- Respectfully submitted,
ion that it is favorable to the PAUL D. SPEER" Associates, Inc.
City and should be accepted. We Paul D. Speer
therefore recommend that the President
:~':.ds ne~ ..:-::~e~¿,o oIf"¡4~gg;~ Councilman McCauley m 0 v e d
and at the premium and interest that the recommendation be ap.
coupons as specified in said bid. proved. Seconded by Mayor Preg.
Not [ntarast ler. Carried by the followiug vote:
AccOUDt ManolJ8rs Rota Yea~Mayor Pregler, Council-
Continental Ulinois Na- men Couchman, Meyers, McCauley,
tional Bank and Trust Schultz.
Company of Chicago ....4.62573% Nay~None.
Investment Rating:
Moody's Investors Service, Inc.-ABa
$125,000
CITY OF DUBUQUE, IOWA
General Obligation Airport Bonds
Date of Sale: }larch 20, 1969
Not
In-
Bldclors Prlco Coupon Rota. Rate
LaSalle National Bank-Chicago-
Manager AWARDED 100,0000 1970 5.00% 4.4560 %
Dubuque Bank and Trult
Company-Dulmque 1971.74 4.40%
Harris Trust and Savings Bank-
Chicqo 100.0000 1970 5.00% 4.5120 %
1971.72 4.40%
1973.74 4'k %
The Northern Trust Company-
Chicago-Manager 100.0310 1970 5.00% 4.5530 %
Dain, Kalman " Quail, Ine.-
Minneapolis 1971 4.60%
Shaw, McDermott & Co.-Des
Moines 1972-74 4\0 %
Central National Bank and
Trust Co.-Des Moines
Haisey, Stuart & Co., Inc.-
Chicago 100.0190 1970-71 5.00% 4.6149 %
1972-74 ~%
First National Bank in St. Louis 100.0460 197()'72 4'!1.% 4.6230 %
1973 4.60%
1974 4\0 %
Continental Illinois National Bank
and Trust Company
of Chicago 100.0360 197M2 4.75% 4.62ð7 %
1973 4.60%
1974 4\0%
108
Special Session, March 20, 1969
Becker & Cownie, Inc.-Des
Moine~Manager
Iowa-Des Moines National
Bank-Des Moines
The White-Phillips Company,
Inc.-Davenport
Mercantile Trust Company, N.A.
-St. Loui~Manager
Carleton D. Beh Co.-
Des Moines
J. C1iff Rahel and Company,
Inc.-Omaha
RESOLUTION NO. 711-69
Rosolution authorizing filing of I
ossuranca form and pormis.lon
to enter upon Land Emergency
Flood Control Public Lew 99,
84th Congress.
WHEREAS the City of Dubuque
hereby requests the Federal Gov.
ernment under the authorization
contained in Section 5 of the Flood
Control Act approved August 18,
1941, as amended (33 U.S.C. 701n)
to provide supplementary assiSt-
ance in performance of protective
work required to cope with flood
flows predicted for this Spring,
including the raising, strengthen-
ing and extending of City of Du-
buque levees by sandbagging or
other temporary means.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the City Manager of the
City of Dubuque, Iowa, Gilbert D.
Chavenelle, be and he is hereby
authorized to execute the Assur-
ance Form and permission to enter
upon land Emergency Flood Con-
trol and is directed to file and
sign all necessary documents for
the duration of the floor emer-
gency in a manner satisfactory to
the Chief of Engineers.
Passed, adopted and approved
this 20th day of March 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman McCauley m 0 v e d
adoption of the resolution. Sec.
onded by Mayor Pregler. Carried
- -
100.0330 1970-73 4.70% 4.6298 %
1974 4". %
100.0180 1970-72 4.75% 4.65586%
1973 4.70%
1974 4". %
100.0000 1970-71 4.75% 4.6966 %
1972-73 4.70%
1974 4.65%
by the following vote:
Yea~Mayor Pregler, Council-
men Coucbman, Meyers, McCauley,
Schultz.
Nay~None.
At 12:50 P.M. Councilman Mey-
ers moved that the Council go
into executive session to consider
the sale of real estate on Indus-
trial Island. Seconded by Council.
man Couchman. Carried by the
following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
The Council reconvened in reg-
ular session at 1:10 P.M.
There heing no further business
Mayor Pregler moved to adjourn.
Seconded by Councilman Mc-
Cauley. Carried by the following
vote:
Ye-Mayor Pregler, Council-
men Coucbman, Meyers, McCauley,
Schultz.
Nay~None.
Leo F. Frommelt
City Clerk
Approved ....................................1969
Adopted ......................................1969
............................................................
Couneilmell
Attest: """"ëïiÿ"ci~¡;:"""""""""""
Special Session, March 24, 1009
109
CITY COUNCIL
OFFICIAL
Sped.1 Session, March 24, 1969.
Council met at 7:30 P.M. (C.S.T.)
Prosont-Mayor Preglor. Coun.
cllmon Mayors, McCouloy. Schultz.
City Manager Gllbort D. Choy-
onello.
Absont-Councllmon 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 acting
upon such business as may prop-
erly come before the meeting.
Communication of Dore Wreck.
ing Co. expressing gratitude for
the kind and considerste treatment
accorded to them during the ten.
ure of the recent Urban Renewal
Demolition contract In the City,
presented and read. Mayor Preg-
ler moved that the communication
be received and filed. Seconded
by Counclmlan Meyers. Carried by
the following vote:
Yea~Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Counciiman Couchman.
Communication of Michael
Froehlich, a resident of St. Francis
Home, extending congratulations
on the passage of the Human
Rights Ordinance, presented and
read. Councilman Meyers moved
that the communication be re-
ceived and filed. Seconded by
Councilman Schultz. Carried by
the following vote:
Ye_Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Communication of Dub u que
Area Citizens Council on Commu-
nity Relations, expressing appre-
ciation for the passage of the
Human Rights Ordinance, present-
ed and read. Mayoy Pregler moved
that the communication be reo
celved and filed. Seconded by
Councilman Meyers. Carried by
the following vote:
Ye_Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
Nays-None.
Absent-Counciiman Couchman.
Communication of the Dubuque
Jaycees addressed to the Dubuque
County Board of Supervisors, be-
ing in disagreement with the pro.
posal of separate construction of
a new Courthouse and jail for the
County, and similar construction
of needed facilities for the City,
presented and read. . Councilman
Schultz moved that the communi-
cation be received and filed. Sec-
onded by Councilman McCauley.
Carried by the following vote:
Yea~Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Communication of Armed Forces
Day Committee announcing a day
of tribute to all Armed Forces
to be held on May 16, 1969, by
sponsoring a dance and other var-
ious programs, presented and read.
Mayor Pregler moved that the
communication be received and
filed. Seconded by Councilman
Schultz.
Carried by the following vote:
Ye-Mayor Pregler, Council-
men Meyers, McCauley, Sebultz.
Nay~None.
Absent-Councilman Couchman.
Com m u n ication of John M.
Ward, owner of property at 1635
and 1651 White Street objecting
to any change in zoning of his
property, presented and read.
Councilman Meyers moved that
the communication be referred to
the Planning & Zoning Commis-
sion. Seconded by Mayor Pregler.
Carried by the following vote:
Yea~Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Communication of Playground
& Recreation Commission submitt-
ing their annual report for the
year 1968, presented and read.
Councilman Scbultz moved tbat
the report be received and filed.
Seconded by Mayor Pregler. Car-
ried by the following vote:
Yea~Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Communication of Martin Jacobs
of 1717 Kane Street, submitting
a suggestion for mall snow re-
moval by providing the area with
110
Special Session, March 24, 1969
Implanted heat coils, presented
and rea d. Councilman Meyers
moved that the communication be I
referred to the City Manager and
Urban Renewal for investigation
and report. Seconded by Mayor
Pregler. Carried by the following
vote:
Yeas-Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Communication of Herbert Hoo.
ver Elementary School thanking
thè Council for reviewing the
traffic survey taken at the inter.
section of Pennyslvania Avenue
and John F. Kennedy Road to
insure a four.way traffic signal,
presented and read. Mayor Preg-
ler moved that the communication
be received and filed. Seconded by
Councilman McCauley. Carried by
the following vote:
Yeas-Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
March 21, 1969
To the Honorable Mayor
and City Council
Gentlemen:
I berewith submit the reports
of the City Auditor, City Treas-
urer and Water Department for
the month of February 1969.
Respectfully,
Gilhert 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:
Yea~Mayor Pregler, Council.
men Meyers, McCauley, Scbultz.
Na~None.
Absent-Councilman Couchman.
March 24, 1969
The Honorable Mayor and
City Council
Gentlemen:
This is to advise that 1 bave
approved the following bonds and
polley and desire to have your
approval on same.
COMPREHENSIVE LIABILITY
Tri-State Paving Company, Bitu-
minous Casualty Corporation
SIDEWALK
Conlon Construction Co., Maryland
Casualty Company
Thomas Flynn Coal Co., Maryland
Casualty Company
Edwards Construction Co., Mer-
chants Mutual Bonding Co.
Respectfully,
Gilbert D. Chavenelle
City Manager
Mayor Pregler moved approval
of filing the policy and bonds
subject to approval of the City
Attorney. Seconded by Councilman
Meyers. Carried by the following
vote:
Yea~Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
March 13, 1969
Honorable Mayor and
Members of City Council
Gentlemen:
The Department of Urban Re-
newal presently occupies space at
455 Fischer Building. The space
is insufficient in size as well as
somewhat poorly arranged for
their purposes.
Their present office contains ap-
proximately 587 square feet, and
additional space is needed to pro-
vide the Real Estate Officer with
a private office suitable for con-
ducting negotiations for the pur-
chasing of property. There is also
a need for a general purpose office
to be utilized for Federal repre-
sentatives, a couference room for
attorneys and their clients, and a
workroom for consultants and staff
services.
There is available in the Fischer
Building Suite 10 B, containing
approximately 750 square feet. I
hereby request your authority to
execute a lease for one year for
this space for the Department of
Urban Renewal at a monthly rent-
al of $170.00.
Respectfully submitted,
Gilbert D, Chavenelle
City Manager
Councilman McCauley moved ap-
proval of the request. Seconded
by Councilman Meyers, Carried by
the following vote:
Yea~Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Printed Council proceedings for
the month of December 1968 were
presented for approval. Mayor
Pregler moved that the Council
Special Session, March 24, 1969
111
proceedings for the month of De-
cember 1968 be approved as print-
ed. Seconded by Councilman Mey-
ers. Carried by the following vote:
Yea~Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Dubuque Citizen's Advisory Comm.
Subject: Housing of City Govt.
The Dubuque City Council, at
a meeting held March 24, 1969,
considered your request, relative
to the housing of City Govt. We I
remand the following cbarges.
1. Investigate and evaluate those
operations of City Government
which are now outside of City
Hall. Consider the amount of
monies paid for the rental of
these facilities, and the loss of
efficiency due to their prox.
imity from other departments.
2. Examine the present City Hall
for space implimentation, func-
tional efficiency, and overall
physical condition.
3. Request from the County-City
~~~~~rit~ thh,,"s~e:~::~~tt":i I
accepted practice relative to
the space the City should be
using to offer efficient and
expeditious 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
governmental building. Keep in
mind all of the improvement I
costs etc. which would be ful-
filled by Urban Renewal.
If the commission deems it nec-
essary to correlate their plans with
that of County Government, we
would recommend that it feel free
to contact the County Advisory
Commission on such a matter. The
City Council in the near future
will establish contact with the
Board of Supervisors and com.
mence dialogue on the same sub-
ject.
If for any reason the Advisory
Commission would need proles- I
sional help or advice, we would
ask that you transact for the same,
through the office of the City
Manager.
We await your report, which
we are sure will be nothing less
than excellent.
ReSPectfully submitted:
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Schultz
Donald R. Meyers
Councilmen
(Attest)
Leo F. Frommelt
City Clerk
Councilman Meyers moved ap-
proval of the recommendation and
that same be referred to the Ad-
visory Commission. Seconded by
Mayor Pregler. Carried by the
following vote:
Yea~Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
NaY~None.
Absent-Councilman Couchman.
March 11, 1969
Hon. Mayor and City Council
Gentlemen:
The notice of expiration of right
of redemption and for taking tax
deed of Cecelia Keas, served on
the City of Dubuque, Iowa, was
referred to the City Attorney.
I am returning same herewith
as the City has no claim therein.
Yours very truly,
R. N. Russo
City Attorney
Councilman McCauley m a v e d
that the communication be re-
ceived and filed. Seconded by
Mayor Pregler. Carried by the fol-
lowing vote:
Yea~Mayor Pregler, Council-
men Meyers, McCauley, Sehultz.
NaY~None.
Absent-Conncilman Couchman.
March 11, 1969
Hon. Mayor and City Council
Gentlemen:
On March 7, 1969, claim of A. Y.
McDonald Mfg. Co. and Griffin
Pipe Products Co. against Ed
Schmitz, d/b/a Schmitty's Exca-
vating, both of which claims refer
to Mt. Carmel Feeder Main Project
were referred to the City Attorney.
This is to advise that the City
Attorney has put Merchants Mu-
tual Bonding Co., surety on said
bond; on notice and default of
- -
112
Special Session, March 24, 1969
said bonding company will now
take over and adjust said claims.
Original claims are returned
herewitb.
Yours very truly,
R. N. Russo
City Attorney
Councilman Meyers moved that
the communication be received
and filed. Seconded by Mayor
Pregler. Carried by the following
vote:
Yea~Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
March 10, 1969
Hon. Mayor and City Council
Gentlemen:
On January 3, 1967, original no-
tice with COpy of petition attached
wherein Clara Freese is plaintiff
and City of Dubuque, Iowa Is de-
fendant was served on the City of
Dubuque, Iowa wherein the plain.
tiff claimed that on or about Janu-
ary 3, 1965 she allegedly fell on
the sidewalk area of the alley 10.
cated between Rhomberg and
Lincoln Avenue on Windsor Ave- I
nue in the City of Dubuque, Iowa
and as the result of said fall abe '
snffered permanent injuries and
loss of earnings consisting of a
fracture of the vertebra in addition
to contusions and abrasions, and
that said plaintiff claimed damages
in the amount of $9,500.00.
Said original notice with peti-
tion attached was referred to tbe
City Attorney who tbereafter 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 $600.00
and 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
Clara Freese and her attorneys in
tbe amount of $600.00 and trans-
mit the same to the city attorney
for dellvery to the plaintifrs at-
torney upon receipt of duly exe.
cuted releases and dismissal of
said cause witb prejudice.
Copy of original notice with pe-
tition attached, said action being
designated as Law No. 38039 is
herewith returned.
Respectfully submitted.
R. N. Russo
City Attorney
Councilman Scbultz moved ap-
proval of the recommendation.
Seconded by Mayor Pregler. Car.
ried by the following vote:
Yeas-Mayor Pregler, Council-
men Meyers, McCauley, Sehultz.
Nay~None.
Absent-Councilman Couchman.
March 24, 1969
Hon. Mayor and City Council
Gentlemen:
On the 26th day of Augnst, 1966,
Marcella Roeder commenced an ac-
tion against the City of Dubuque,
Iowa claiming damages for per-
sonal injuries allegedly resulting
from a fall on a public sidewalk
abutting the premises of 698 Cen-
tral Avenue in the City of Du-
buque, Iowa which alleged injuries
occurred on the 26th day of May,
1966, and that said plaintiff al-
leged and claimed a defective con.
dition thereat resulting In her
total injuries and damages in the
amount of $3100.00 dollars which
notice and with copy of petition
attached was referred to the City
Solicitor.
Said action was commenced in
the District Court of Dubuque
County, Iowa as Law No. 37990
and that the City Attorney has
made investigation of this matter
and conferred with plaintiff's at-
torney and the same now being
scheduled for trial before a jury
the plaintiff made an offer of set.
tlement in the amount of $750.00.
That the alleged injuries suffered
by the plaintiff consisted of in-
juries to her left knee and to ber
left leg and that she incurred ex.
penses including loss of wages in
the total amount of $801.65.
It is the recommendation of the
City Attorney that said offer of
settlement he accepted and that
the City Auditor be instructed to
draw a warrant payable to Mar-
cella Roeder in the amount of
$750.00 and together with a war-
rant In the amount of $13.50 pay.
able to Clerk of the District Court
of Dubuque County, Iowa and
transmit the same to the City At-
Special Session, March 24, 1969
113
torney for delivery to plaintiff up-
on receipt of duly executed re-
leases and dismissal of said cause
with prejudice.
Original notice and copy of peti.
tion is returned herewith.
Respectfully submitted,
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.
Nay~None.
Absent-Councilman Couchman.
Notice of claim of Maria D'An-
nio of 383 Locust Street, in an
undetermined amount, for injuries
received in a fall on a defective
sidewalk at 4th & Locust Street
in front of the Fischer Oil Co. on
March 11, 1969, presented and
read. Councilman McCauley moved
that the notice of claim be re-
ferred 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.
Nay~None.
Absent-Councilman Couchman.
Notice of claim of Mrs. Chris.
tine Atchison of 673 E. 15th
S t r e e t, In an undetermined
amount, for personal injuries re-
ceived in a fall on a defective side-
walk at 1438 White Street on Feb-
ruary 18, 1969, presented and read.
Councilman McCauley 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.
Nay~None.
Absent-Councilman Couchman.
Notice of claim of Madeline
Hickson of 201 W. 17th Street, in
the amount of $15,000 for per.
sonal injuries received in a fall
on an ice and snow covered side.
walk at 315 West Locust Street
on February 13, 1969, presented
and read. Councilman McCauley
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 claim against Smitty's
Excavating Service and Merchants
Mutual Bonding Company in the
amount of $3,799.36 for materials
furnished in the construction of
the Mount Carmel Feeder Main
Project, presented and read.
Councilman McCauley moved that
the notice of claim be received
and filed. Seconded by Mayor
Pregler. Carried by the following
vote:
Yeas-Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Release and Assigument by Du.
buque Sand & Gravel Company in
the amount of $3,609.39 releasing
Merchants Mutual Bonding Co. as
surety upon contract with Smitty's
Excavating in connection with
construction of Mt. Carmel Feeder
Main Project, presented and read.
Councilman McCauley moved that
the release be received and filed.
Seconded by Mayor Pregler. Car-
ried by the following vote:
Yeas-Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Notice of claim of Kendrick G.
Williams of Waterloo, Iowa, in the
amount of $15.00 for tire damage
incurred as the result of driving
over a broken-off iron post in side-
walk and driveway on March 5,
1969, at a rather indefinite de.
scribed location, presented and
read. Councilman Meyers moved
that the notice of claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman McCauley. Carried
by the fallowing vote:
Yeas - Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
ORDINANCE NO. lU9
An Ordinanea omonding Ordl.
nanea No. 33-49 known as tho
"TroHie Code of Dubuquo, Iowa"
as omondod, by adding a new
114
Special Session, March 24, 1969
Subooction 6 to Sactlon C of
Schedulo III thereof to provide
that westbound vehlclos must
stop bofore entering tho into....
section of Jlmos Streot and
Mozzuchelli Heights,
presented and read.
Councilman Meyers moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schultz.
Carried by the following vote:
Yea~Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Councilman Meyers moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Schultz. Carried by the fol-
lowing vote:
Ye~Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
of' Jam"
H".hls.
Now "'e"to.. be a "dained by tho
CIty C"",,, af "'e City af Oobo"e.
iowa,
Section ,. ThaI Ordina"," No. 33-49
known" "'e "T",tlc Cod, af Doo."e,
Iowa" a, am,nded. be and "'e ,ame "
h""by am'nded bY enacting a new
..b,ection 6 to Soctinn C of Schedoie IIi
th"eaf a, toliow",
"SCHEDULE 111.
C.
6. Jame, St,eel and Ma"'chem
Hel.hl,."
Pa"ed. a..roYed and adopted thi,
"'h day 01 Ma,ch, '96'.
Waite' A. P,eoie,
May"
Sylmle, McCaoiey
Me,li. F. Schoitz
Donaid R. Mev'"
C"nclimen
ATTEST,
Leo F. Frommelt
City Ci,'"
Pob",h,d officialiy in Th' Tele...ph-He,-
aid New,.a.., thl, 27th day of Ma,ch.
'96'.
Leo F. Frommelt
City Cie"'.
11.3/27
Councilman Meyers moved final
adoption of the Ordinance. Second-
ed by Councilman Schultz. Carried
by the following vote:
Yea~Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
ORDINANCE NO. 16-69
An Ordlnonco amending Ordi.
nonce No. 33-49 known as tho
"TroHlc Coda of Dubuquo, Iowa"
as omonded, by adding a now
Subsection 6 to Soctlon E of
Schodule III thoroof to preyl...
that oostbcund vehlcl.. must
stop bofore entering the Into..
section of James Stroot and
Langworthy Avenuo,
presented and read.
Councilman Meyers moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schultz.
Carried by the following vote:
Yea~Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Councilman Meyers moved tbat
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:
Yea~Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
and Lanøwo""y
No. 33-49
D""""....
,ame i.
new Sub-
,edoie III
ATTEST,
Leo F. Fromm,1t
City Ci'"
Pobli"'ed offlcialiy in The Teleo..ph-Her.
aid New,.aper thl, 27th day of Me,ch.
196'.
Leo F. Frommelt
City Cle"'.
11.3127
Councilman Meyers moved final
adoption of the Ordinance. Sec.
onded by Councilman Schultz. Car-
ried by the following vote:
Ye~Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
115
Special Session, March 24, 1969
ORDINANCE NO. 17-69
An Ordinance amending Ordl.
nonce No. 33-49 known IS the
"Traffic Code of Dubuquo, 10wI"
as amended, by repealing Soc.
tion 19 of Schedule VI thereof
and onotcing a new Slctlon 19
to Schodule VI thereof to pro-
hibit the parking of motor ve-
hlc"s on tho south side of East
Twolfth Street fro m Jackson
Stroot to Elm Stroot,
presented and read.
Councilman Meyers moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schultz.
Carried by the following vote:
Yea~Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
NaY~None.
Absent-Councilman Couchman.
Councilman Meyers moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council.
man Schultz. Carried by the fol-
lowing vote:
Yeas-Mayor Pregler, Council.
m':ay~~:;S~e~cCaUley, Schultz. I
Absent-Councilman Couchman.
I -- ORDINANCE No. "...
~'::::'~e a~mll.~dlnMWI~a2:e Ng¡
- . ," -- ----".. 'í7i
eð by Councilman Schultz. Carried
by the following vote:
Yea~Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
NaY~None.
Absent-councilman Couchman.
OROINANCE NO. 18-69
An Ordinance authorizing Fisch.
or Realty Company to construct
exhaust duct In olley on tho
west side of Fischer Building,
presented and read.
Councilman Meyers moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schultz.
Carried by the following vote:
Yea~Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nays-None.
Absent-Councilman Couchman.
Councilman Meyers moved that
the rule reqUiring an Ordinance
to be read on three separate days
be waived. Seconded by Council.
man Schultz. Carried by the fol-
lowing vote:
Yea~Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
NaY~None.
Now the'efo,e be if o...ained by the
City Council of the Cay af Oob""oe.
iowa,
""."
Pa"ed. a..roVed and ,, OPted thi,
24th day of March. '96'.
Waite, A. Preoie,
McCaviey
. Scholtz
. MeYen
,.~n:
'eO.-
Vaf
ATTEST,
Leo F. F,ommelt
City Cle'"
- officially In The Tel..,a.h-He,.
'aper thiS 27th day of March.
Leo F. Frommelt
City Cle"'.
11.3127
bJ
Councilman Meyers moved final
adoption of the Ordinance. Second.
116
Special Session, March 24, 1969
" To lod,moilv ood hold City of Du'
~~~u~1I f;¡~I,,::~d ,~:'TI~~III~oo'::d ø;".
.DO" fo, ioi",i.. to !hl,d ."'°",
0' domo." to .,o."ty of tWd
."'°"', °' f,
"ty of Cltv
~~r.o '~m~
too,," ood
wo," °' I
h",,".
Po""" odo.t", "d o...oved thl, 24lh
dov of Mmh. A.D" ,..,.
Wolt" A. P"'.'"
Mom
Svlm'" M"',"Iov
M"lIo F. S,hul"
Doooid R. M"...,
Cou",lIm,n
ow"," o(tho ~
lho "m, nod 0.'" 10 --
,oodltlo", ,"d ,.,..m,""
tolo'" to b, .......m'" bv
Dot'" Mmh 24, ,..,.
FI"h" R,olty Com.oov
Lou" H. .fohl
P",,'dDOt, P,ooe'" ow",,
Publl,h'" off','ollv In Th, T".....h-
H"old N,w,.,." thl, 27th dov of
Mmh ,..,.
Loo F. F,omm,1t
City Clo'".
11.3-27
Councilman Meyers moved final
adoption of the Ordinance. Second-
ed by Councilman Schultz. Carried
by the following vote:
Yea~Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
ORDINANCE NO. 19-69
An Ordinance amending Ordi-
nance No. 7-65 by repealing
5ectlon 7 thereof and enacting a
new 5ectlon 7 In lieu thereof to
provide for tho special proce-
dural for the control of roblos,
presented and read.
Councilman Meyers moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schultz.
Carried by tbe following vote:
Yeas - Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nays-None.
Absent-Councilman Couchman.
Councilman Meyers moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Schultz. Carried by the fol.
lowing vote:
Yeas-Mayor Pregler, Council-
men Meyers, McCauley, Sehultz.
Nays-None.
Absent-Councilman Couchman.
ORDINANCE No. .""
nce
7
.., 7
ide °'
<0011'01
Now th"'fo.. be It onloloed by tho
Cltv Cou"," of tho City of Dubu"..,
lowe,
SKllon I. Thet 0""000'" No. 7-65 be
Bod Ihe ,.m, " h."bv om"""" by
"",0"0" S,"'oo 7 Ihe...of a"" eoo"'"
0 ",w 8«1100 7 10 lieu thereof as fol.
low",
"SO"'oo 7. Robl".
'0' -
",ot"
,"bl"
of h,
bitt"
Special Session, March 24, 1969
117
Po"ed, e.",oved e"" ado.ted thl,
~2"" dev of Mo""', "69.
t J Wolt.. A. P....'o,
Mavo,
SVlv",.. McCouley
M""o P. S"'ul"
Doooid R. _e"
Councilmen
ATTEST,
L.. F. Frommelt
Cliv C'e,k
Publl,h'" offl"o"V 10 Tho To""oPh.H".
old N,w,.o.., thi, 27th dov of Mo,"',
,..,.
Loo F. Frommelf
City C'e"'.
If. 3/27
Councilman Meyers moved final
adoption of the Ordinance. Sec-
onded by Councilman Schultz. Car.
ried by the following vote:
Yeas-Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Petition of Playground and Rec.
rea t ion Commission requesting
that if Lot 2 of Lot 1 of Block 5
of RIver Front Sub. No.3 is sold
that $26,600 be tranaferred to the
Recreation Fond for the replace-
ment of this parking facility pre-
sented and read. Councilman Me.
Cauley moved that the petition be
referred to the Mayor's Commit.
tee and the City Manager. Second-
ed by Mayor Pregler. Carried by
the following vote:
Yeas - Mayor Pregler, Council-
men Meyers, McCauley, Sehultz.
Nay~None.
Absent-Councllman Couchman.
Petition of American Legion
Auxiliary requesting permission
to conduct poppy days on May
23rd and 24th, 1969, presented and
read. Mayor Pregler moved that
tbe petition be approved subject
to approval of the City Manager.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas - Mayor Pregler, Council-
men Meyers, McCauley, Schnltz.
Nay~None.
Absent-Councilman Couchman.
Petition of Swift Plumbing and
Heating Co. requesting permission
to excavate in the alley to the
rear of 1360 Iowa street, present-
ed and read. Councilman Scbultz
moved that the petition be ap-
proved. Seconded by Mayor Preg.
ler. Carried by the following
vote:
Yeas - Mayor Pregler, Council.
men Meyers, MeCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Petition of James Gruber of
1860 Bristol Drive requesting pur.
chase price of city-owned lots 314
and 315 in Lennox Addn. present.
ed and read. Councilman Meyers
moved that the petition be re-
ferred to tbe City Manager for
investigation and report. Second-
ed by Mayor Pregler. Carried by
the following vote:
Yeas-Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
NaY~None.
Absent-Councilman Couchman.
Petition of Robert A. Menning
requesting rezoning of the Ely 35-
of Lot 3 in McCoy's Sub. located
at 1015 W. 3rd Street from Multi-
ple to Local Business "A" Classi-
fication, presented and read.
Councilman Meyers moved that the
petition be referred to the Plan.
ning & Zoning Commission. Sec.
onded by Mayor Pregler. Carried
by the following vote:
Yeas-Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
NaY~None.
Absent-Councilman Couchman.
Petition of Caradco Division.
Scovill, requesting permission to
install supports on the outside of
building D.1O on the south side
of 8th Avenue approximately 30'
east of Jackson Street, presented
and read. Councilman Meyers
moved that the petition be re-
ferred to the City Manager and
staff. Seconded by Mayor Pregler.
Carried by the foilowing vote:
Yeas-Mayor Pregler, Council-
men Meyers, McCauley, Sehultz.
Nays-None.
Absent-Councilman Couehman.
Petition of Dubuque Assn. of the
Blind requesting that some type
of action be taken to protect the
citizens from outside solicitors
selling items from door to door,
purportedly made by the hand!.
capped, presented and read. Mayor
Pregler moved that the petition
be referred to the City Manager
and staff for investigation and
report. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas-Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
Mayor Pregler moved that the
JiIIIi"'"
118 Special Session, March 24, 1969
rules he suspended in order to Petition of Hank prutch Truck-
let anyone present address the ing objecting to the proposed re-
Council if tbey so desire. Second- zoning of the 18th street and
ed by Councilman Schultz. Carried Washington area, presented and
by the following vote: read. Councilman McCauley moved
Yeas-Mayor Pregler Council- that the petition be referred to
men Meyers, McCauley Schultz. the Planning & Zoning Commis.
Na~None.' sian. Carried by the following
Absent-Councilman Couchman. vote:
Yeas - Mayor Pregler, Council,
Mr. Doug Tanner addressed the men Meyers, McCauley, Schultz.
Council, as a representative of the Na~None.
blind, by stating that the petition Absent-Councilman Couchman.
is self explanatory and hoped
that something could be worked Petition of Patricia Sarris re-
out and incorporated in the pres- questing a refund of $250. on the
ent Ordinance covering door to unexpired portion of Liquor Li.
door sales. cense No. C-1540, as she discon-
. . f H. M tinued business on Nov. 11, 1968,
Pet!tlOn a entage anor re- presented and read. Councilman
questIng approval of one o~ two Meyers moved that the refund be
proposals. for a sewer maIn to granted and the Auditor instruct,
serve. Retlrement Investment Cor- ed to issue proper warrant. Sec-
poratlon located near Asbury, pre- onded by Mayor Pregler. Carried
sented and read. by the following vote:
Mr. Frank Bertsch, representing Yeas-Mayor Pregler Council-
Heritage Manor stated that they men Meyers, McCauley, 'Schultz.
were unable to get an agreement Nay~None.
with Dr. Pfohl as to crossing his Absent-Councilman Couchman.
land to construct the sanitary sew-
er to service their facility. They Petition of Donald C. Linden
are ready to open the facility soon requesting a refund of $25. on the
but still have no sewer. However unexpired portion of cigarette li-
an alternate route is open to tbem cense No. 176, as he has discon.
by going through the Siegert farm tinued business on March 2, 1969,
at considerable more expense. presented and read. Mayor Preg-
. ler moved that the refund be
Counc~~ Meyers moved that granted and the Auditor instruct-
the petltion be refer~ed .to the ed to issue proper warrant. See,
City Manage~ for investlgatlon ~nd ended by Councilman Meyers.
report, possibly at the mee~g Carried by the following vote:
next week. Seconded by Councll- Yeas-Mayor Pregler, Council.
m~ Schultz. Camed by the fol- men Meyers, McCauley, Schultz.
lOWing vote: . Nays-None.
Yeas - Mayor Pregler, Councll. Absent-Councilman Couchman.
men Meyers, McCauley, Schultz.
Nay~None. RESOLUTION NO. 71-69
Absent-Councilman Couchman. WHEREAS, the National Flood
Insurance Act of 1968 became
Petition of Harold J. Weide- operative on January 26, 1969,
mann as agent for Harold J. & and
Sara Middleton requesting. issu. WHEREAS, a portion of the
ance of deeds from the City to City of Dubuque was among those
clear title on Lot 2 of John Breit. areas studied in 1966 during the
bach ~lace, presented and read. course of an investigation into the
Council'!1"". Meyers moved that feasibility of flood insurance, and
the petition be referred to the .
City Manager and staff. Seconded WHE~~S, the city of Du~uque
by Mayor Pregler. Carried by the deems It .lu the. best p'!bl1c lUter.
following vote: est that It participate In the Na-
. tlonal Flood Insurance Program,
Yeas - Mayor Pregler, Councll- NOW THEREFORE BE IT RE-
men Meyers, McCauley, Schultz. SOLVED BY THE CITY COUNCIL
Nay~None. OF THE CITY OF DUBUQUE,
Absent-Councilman Couchman. IOWA:
Special Session, March 24, 1969
119
Soctlon 1. That the City of Du-
buque, Iowa and its City Council
does hereby evidence its positive
interest in securing flood insur-
ance coverage by participating in
the National Flood Insurance
Program.
Section 2. That the City Council
of the City of Dubuque, Iowa does
hereby give its assurances for and
on behalf of the City of Dubuque,
Iowa of compliance with specified
flood plain regulation require-
ments.
Section 3. That the City Man-
ager be and is hereby authorized
and directed to do any and all
things necessary and incidental to
ihe securing of said Flood Insur.
ance Coverage.
Section 4. That certified copies
of this Resolution be transmitted
forthwith by the City Manager to
the acting Federal Insurance Ad-
ministrator of the Department of
Housing and Urban Development
in Washington, D. C.
Passed, approved and adopted
this 4th day of March, 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 Schultz. Carried by
the following vote:
Yeas-Mayor Pregler, Council-
men Meyers, McCauley, Schultz.
Nay~None.
Absent-Councilman Couchman.
RESOLUTION NO. 72-69
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
Wm. J. B. White, 1993 Asbury
Street
Catherine E. McEvoy, 775 East 6th
Street
CLASS "B" BEER PERMIT
Maryel M. Birkett, 1064 University
Avenue
Passed, adopted and approved
this 24th day of March, 1969.
Walter A. Pregler
Mayor
Sylvester MeCauley
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
following vote:
Yeas - Mayor Pregler, Council.
men Meyers, McCauley, Schultz.
NaY~None.
Absent-Councilman Couchman.
RESOLUTION NO. 73-69
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 bond.:
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
WIll. J. B. White, 1993 Asbury
Street
Catherine E. McEvoy, 775 East 6th
Street
CLASS "B" BEER PERMIT
Maryel M. Birkett, 1064 University
Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
plicants be and the .ame are here-
by. approved.
ß""'"
120 Special Session, March 24, 1969
Passed, adopted and approved Schultz. Carried by the following
this 24th day of March, 1969. vote:
Walter A. Pregler Yeas - Mayor Pregler, Council-
Mayor men Meyers, McCauley, Schultz.
Sylvester McCauley Nay~None.
Merlin F. Schultz Absent--Councilman Coucbman.
Donald R. Meyers Leo F. Frommelt
Councilmen City Clerk
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Mayor Pregler. Carried by the I
following vote:
Yeas - Mayor Pregler, Council-
men Meyers, McCauley, Scbultz.
Nays-None.
Absent-Councilman Couchman.
At 9:10 o'clock P.M. Councilman
McCauley moved that the Council
go into an executive session to
select citizens to replace vacancies
on the Dubuque County Metropoli.
tan Area Planning Commission,
Planning & Zoning Commission
and the Board of Zoning Adjust-
ment. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas-Mayor Pregler, Council.
men Meyers, McCauley, Sehultz.
Nay~None.
AbSõnt--Councilman Coucbman.
Council reconvened the regular
session at 9:20 P.M.
Mayor Pregler announced the I
appointment of Mr. Vernon Gavin
to the Planning & Zoning Com.
mission to fill the unexpired term
of Owen Riley to 5-24-72; also to
the Dubuque County Metropolitan
Area Planning to replace Owen
Riley. He further announced the
appointment of Mr. Emil Stackis
to the Board of Zoning Adjustment
to fill the unexpired term of Owen
Riley to 3-5-72.
Councilman McCauley m 0 v e d
approval of the appointments.
Seconded by Councilman Schultz.
Carried by the following vote:
Yeas-Mayor Pregler, Council.
men Meyers, McCauley, Sehultz.
Nay~None.
Absent-Councilman Couchman.
There being no further business
Councilman McCauley moved to
adjourn. Seconded by Councilman
-----
Approved ..................................1969.
Adopted ......................................1969.
"".."...""......".."""..."..."..",.......""._"".....
"""""""""""""""'ëöü';:öïiiiïëñ"""""
......................-...
Attest: """"'ëïiŸ"ëi~rk
Special Session, March 31, 1969
CITY COUNCIL
OFFICIAL
Spacial SaDlon, March 31, 1969.
Council met at 7:30 P.M. (C.S.T.)
ProlOnt - Councilmen Couch-
_n, Mayors, McCouloy, Schultz.
City Monagor Gilbert D. Chon-
nail..
AblOnt-Moyor Pregler (at roll
coli).
Councilman Meyers moved that
Councilman McCauley be elected
to serve as Presiding Officer Pro
Tem in the absence of Mayor
Pregler. Seconded by Councilman
Couchman. Carried by the follow-
ing vote:
Yeas - Councilmen Couchman,
Meyers, McCauley, Schultz.
Nay~None.
Absent-Mayor Pregler.
Presiding Officer Pro Tem Mc-
Cauley read the call and stated
that service thereof had been duly
made and this meeting is called
for the purpose of considering
rosolutlons Instructing the Clerk
to pro""re Estlmoto of Levy and
Fixing date of hearing on sold
lovy of Airport Bond Tax for Fu.
ture yoors also authorizing tho Is-
suonco of Fire Station Bonds In
the amount of $565,000 and Levy-
I"" a tax for the payment thereof
and for such othor busine.s In
connectIon therowlth, and acting
upon such other business as may
properly come before a regular
meeting of the City Council.
Communication of Henry Prutch
submitted by Wm. T. Connery at.
torney, objecting to the proposed
zoning change from Light Indus-
trial to Multiple Family of the
premises at 1800 Wasbington and
East lath Street presented and
read. Councilman Meyers moved
that the communication be re-
ferred to the Planning & Zoning
Commission. Seconded by Presid.
ing Officer Pro Tem McCauley.
Carried by the following vote:
Yeas - Presiding Officer Pro
Tem McCauley, Councilmen Couch-
man, Meyers, Schultz.
Nay~None.
Absent-Mayor Pregler.
121
March 27, 1969
Leo F. Frommelt, City Clerk
Dear Mr. Frommelt:
Upon your request, the matter
of establishing John F. Kennedy
Elementary School as a polling
place for the 17th precinct was
brought before the Board of Edu-
cation of the Dubuque Community
School District for their considera-
tion.
At a special meeting of the
Board, held on March 24, 1969,
following due consideration of
your request, it was moved by
Dr. Wallace that the John F. Ken-
nedy Elementary School be estab-
lished as a polling place for the
17th precinct. Motion was second-
ed by Mr. McCarthy and upon
vote, motion was passed unani-
mously.
Sincerely yours,
T. J. Stapleton,
Secretary
Board of Directors
Councilman Meyers moved that
the communication be received
and made a matter of record. Sec-
onded by Presiding Officer Pro
Tem McCauley. Carried by the fol.
lowing vote:
Yeas - Presiding Officer Pro
Tem McCauley, Councilmen Couch-
man, Meyers, Schultz.
Nay~None.
Absent-Mayor Pregler.
Printed Council proceedings for
the month of January 1969 pre-
sented for approval. Councilman
Meyers moved that the proceed-
ings be approved as printed. Sec-
onded by Councilman Schultz.
Carried by the fallowing vote:
Yeas - Presiding Officer Pro
Tem McCauley, Councilmen Couch.
man, Meyers, Schultz.
Nay~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 dur-
ing February 1969, presented and
read. Councilman Meyers moved
that the proof of publication be
received and filed. Seconded by
,.'.'1'
I
¡'I
'I'
,','I
"
'III
II:
!.'.'.'.II'
"
Iii
1111,
I11I
I ~ '"
122
Special Session, March 31, 1969
Councilman Couchman. Carried by
the following vote:
Yeas - Presiding Officer Pro
Tem McCauley, Councilmen Couch-
man, Meyers, Schultz.
Nays-None.
Absent-Mayor Pregler.
March 28, 1969
Honorable Mayor and Councilmen
Gentlemen:
The City Planning and Zoning
Commission has reviewed a pro-
posal to vacate certain streets in
the Bies Subdivision. These streets
include Daniels from Sylvan to
Bles, Bies from the south line of
lot 12, Block 3, C. J. Bies Subdi.
vision, to the south line of Bles
Subdivision and Kebbie from the
south line of lot 4 Block 2 of C. J.
Bies Subdivision.
This proposal is a part of the
redevelopment plan for this area
that has been developed through
efforts of both the city staff and
the property owners. The plan for
this area proposes that:
1. all of Kebbie Drive and Bies
Drive be vacated
2. Daniels Street from Sylvan to
Bies be vacated
3. the property having access to
Daniels Street and Bies Drive
be developed for residential
uses
4. the property having access to
Century Drive be developed
for commercial uses
5. there be no exchange of traffic
between the commercial areas
and the residential
Existing development in the
area prohibits this plan from be.
in g accomplished immediately,
however, this proposal is con-
sistent with the plan and would
be accomplishing a portion of it.
Existing development would con-
tinue to have access to public
streets.
It is the opinion of the Com-
mission that this proposal would
permit development of the adjoin-
ing land that would be more con-
sistent with the general area and
would be more beneficial to the
property owners and the general
public.
It is the recommendation of the
Commission that the proposal be
approved subject to easements be-
ing retained in Bies Drive and
Daniels Street for utilities and an
easement being granted from Keb-
bie to Bies along the north line
of lots 5 and 10 of Block 3 of
C. J. Bies Subdivision.
Respectfully submitted,
Don Gilson
Director of Planning
Councilman Couchman moved
that the recommendation of the
Commision be approved and .....
ferred for proper proceedings.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas - Presiding OUicer Pro
Tem McCauley, Councilmen Couch-
man, Meyers, Schultz.
Nays-None.
Absent-Mayor Pregler.
Presiding Officer Pro Tem Mc-
Cauley moved that the rules be
suspended in order to let anyone
present address the Council if
they so desire. Seconded by Coun-
cilman Meyers. Carried by the
following vote:
Yeas - Presiding Officer Pro
Tem McCauley, Councilmen Couch-
man, Meyers, Schultz.
Nays-None.
Absent-Mayor Pregler.
Mr. Alfred G. Heitzman ad.
dressed the Council on tbe vaca.
tion of certain streets in Bies
Subdivision by stating that he is
not opposed to it. There are ap.
proximately two hundred children
in the area and that heavy traf-
fic from and to the shopping cen-
ter should not be allowed to
come into either one of the two
subdivisions that are abutting
shopping center property.
Notice of claim of A. Y. McDon-
ald Mfg. Co., in the amount of
$6,833.93 for material furnished
Smitty's Excavating Service in the
construction of Mt. Carmel Feed-
er Main Project, presented and
read. Presiding Officer Pro Tem
McCauley moved that the notice
of clalm be referred to the City
Solicitor. Seconded by Councilman
Schultz. Carried by the following
vote:
Yeas - Presiding Officer Pro
Tem McCauley, Councilmen Coucb-
man, Meyers, Schultz.
Nay~None.
Absent-Mayor Pregler.
Special Session, March 31, 1969
Notice of claim of Wm. L. Ham-
el, in the amount of $790.33 for
sod furnished on Altura Drive
Storm Sewer Project, presented
and read. Councilman Meyers
moved that the notice of claim be
referred to the City Attorney. Sec-
onded by Presiding Officer Pro
Tem McCauley. Carried by the
following vote:
Yeas - Presiding OUicer Pro
Tem McCauley, Councilmen Couch-
IDIUI, Meyers, Schultz.
N~None.
Absent-Mayor Pregler.
Petition of Dubuqueiand Food'N
Fun Expo. requesting use of In-
dustrial Park for the Expo to be
held from June 13 thru June 22,
1969, presented and read. Coun-
cilman Meyers moved that the
petition be granted subject to ap.
proval of the City Manager. Sec-
onded by Councilman Schultz.
Carried by the following vote:
Yeas - Presiding Officer Pro
Tern McCauley, Councilmen Couch-
man, Meyers, Schultz.
NaY~None.
Absent-Mayor Pregler.
MAYOR PREGLER ENTERED
THE COUNCil. CHAMBER AT
8:25 P.M. AND TOOK HIS PLACE
AT THE COUNCil. TABLE.
Petition of Restoration inc. re-
questing extension of time to Au-
gust 1, 1969 to complete restora-
tion of the house located at 425-29
Laras Blvd., presented and read.
After considerable discussion May-
or Pregler moved that the petition
lie on the table until next week's
meeting. Seconded by Councilman
McCauley. Carried by the following
vote:
Yeas-Mayor Prgeler, Council-
men Couchman, Meyers, McCauley,
Sehultz.
Na~None.
Affidavit of Rev. Philip A. Ham-
ilton, Secretary Treasurer Restora.
tlon Inc. in support for a contino
uance of time for completion of
the work on the building at 425-
29 Loras Blvd. known as Fort
Rittenhouse, presented and read.
Councilman McCauley moved that
the affidavit be received and filed.
Seconded by Councilman SchUltz.
123
Carried by the following vote:
Yea~Mayor Pregler. Council-
man Couchman, Meyers, McCauley,
Schultz.
NaY~None.
Communication of D a vi d W.
Leifker, attorney, as representative
of various homeowners in the
neighborhood of Fort Rittenhouse
requesting to be heard at the meet-
ing, presented and read. Council-
man McCauley moved that the
communication be received and
filed. Seconded by Councilman
Schultz. Carried by the following
vote:
Yeas-Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
Attorney Carl Riley addressed
the Council as a representative
of Resioration Inc. by stating that
due to adverse weather conditions
during the winter months they
were unable to work on Fort Rit-
tenhouse. The owner presently has
$7000 invested in the project and
estimates it will take $8,000 more
to complete. It is intended to reo
model the building to contain
four living units. Rev. Hamilton
addressed the Council in bebalf
of the project by stating tbat they
would furnish whatever the City
would require as to proposed plans
etc. in order to proceed.
Attorney David Leifker, repre.
senting various property owners
in the area raised various ques-
tions such as to zoning, whether
or not the bills are paid to date,
\\hat sort of financing do they
have and what type of labor is
to be used. It seems that the vol-
unteer labor has disappeared. Mrs.
Dick Winter of Montrose Terrace
was under the impression that the
building was to be completed with-
in 6 months which time is up now.
March 27, 1969
To The Mayor
And City Council
Gentlemen:
The request of Caradco Com-
pany for permission to install a
transformer pad over City prop-
erty at Eighth Avenue and Jaekson
Streets has been approved by the
Engineering and Building Depart-
ments.
,....
Special Session, March 31, 1969
Special Session, March 31, 1969
124
125
Impo,,", P"""
for domog"
RESOLUTION NO. 74-69
Rosolutlon Instrucing tho City
Clark to prepare ostlmoto of
lovy
WHEREAS, the Municipality of
Dubuque, Iowa, proposes to equip,
Improve and enlarge the hereto.
fore established Dubuque, Munic.
ipal Airport, by the installation
of an instrument landing system
including acquisition of the neces-
sary land, site preparation and
easements, and for such purpose
it is necessary to issue $125,000.00
of Airport Bonds as authorized by
Code Section 330.16, Code of Iowa,
1966; and
WHEREAS, before said bonds
may be issued and taxes levied,
to pay the same, it is necessary I
to file and consider an estimate
of levy of said lax for future years,
and to hold a hearing on the issu.
ance of said bonds:
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
Iowa:
That the Clerk be and he is
hereby directed to prepare and
file as soon as practicable an Es.
timate of Levy of a tax for future
years in amounts sufficient to pay
Airport Bonds in the principal
amount of $125,000.00, to be dated I.
March 1, 1969, and to mature as
follows:
$25,000.00 on December 1, 1970
to 1974, inclusive.
PASSED AND APPROVED, this
31st day of March, 1969.
Walter A. Pregler
Mayor
Herewith submitted is an ordi-
nance granting permission to in-
stall same.
Sincerely,
Gilbert D. Chavenelle
City Manager
Councilman Meyers moved that
the communication be received
and filed. Seconded by Mayor
Pregler. Carried by the following
vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley
Schultz.
Nay~None.
ORDINANCE NO. 20-69
An Ordinonco authorizing tho
Coradco Division of the Scovill
Manufacturing Company to con-
:::ct PI:t~~rmma;::ai~ro::O~:"r I
base on the outsido of building
)'10 on the south side of Eighth
Avenuo about thirty feet east of
Jackson Streot,
presented and read.
Mayor Pregler moved that the
reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas-Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Mayor Pregler moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Meyers. Carried by the following
vote:
Ye~Mayor Pregier, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
OROINANCE
be issued for the pUrpose of equip-
ping, improving and enlarging the
heretofore established Dubuque
Municipal Airport, as follows:
Estimate of Lovy
1. Amount of income to pay for
said improvements from
sources other than taxation:
None
2. Amount proposed to be raised
by taxation:
Year of Yoar of
Lovy Amount Expenditure
1969 $34,698.00 1970
1970 $29,400.00 1971
1971 $26,300.00 1972
1972 $27,200.00 1973
1973 $26,100.00 1974
3. Said funds to be expended to
pay Airport Bonds issued for
the purpose of paying a part
of the cost of equipping, im-
proving and enlarging the here.
tofore established Dubuque Mu-
nicipal Airport.
4. Amount expended from said
fund for like purposes in 1967:
None
5. Amount expended from said
fund for like purposes in 1968:
None
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE.
IOWA:
That a hearing on said Estimate
of Levy of the Airport Bond Tax
for the PUrpose of paying Airport
Bonds in the amount of $125,000.00
shall be held in the Council Cham.
bers in the City Hall on the 14th
day of April, 1969, at 7:30 o'clock
P.M.
BE IT FURTHER RESOLVED,
that the Clerk be and he is hereby
instructed to publish notice of
hearing on said Estimate of Levy
of said tax in a legal newspaper.
printed wholly In the Engllsh lan-
guage, once at least ten days be.
fore the date of heartng.
PASSED AND APPROVED, this
31st day of March, 1969.
Walter A. Pregler
Mayor
Socllgn ,. Thot ""minion herein
mnted " ex"""IV condilloned ppon
pennillees ""Iher
be Ihe right ond .,
be ,.,clnded or
Council. permill...
Attest:
Leo F. Frommelt
Clerk
Councilman Meyers moved adop.
tion of the resolution. Seconded by
Councilman McCauiey. Carried by
the following vote:
Yea~Mayor Pregler, Council.
men Couchman, Meyers, McCauley.
NaY~ouncilman Schultz.
BV" Art l1nd'ièker
C...dco OIVl,'on pI the Scovill
ManPlocturlno Comoonv
Ppbll"'ed ofllc,"IIv In the Toleo"""-
H",ld New....er thl, ,th dOY of APril
,..,.
Leo F. Fromm'"
CltYC-
RESOLUTION NO. 75-69
Rosolutlon fixing data for hoar-
Ing on ostlmote of Lovy of AIr-
port Bond tax for future YH..
to pay $125,000.00 Airport Bonds
WHEREAS, there has been pre-
pared and filed with the Clerk
Estimate of Levy of a tax to pay
$125,000.00 of Airport Bonds to
11. '"
Mayor Pregler moved final adop-
tion of the Ordinance. Seconded
by Councilman Meyers. Carried by
the following vote:
Yea~Mayor Pregler, Council.
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
Attest:
Leo F. Frommelt
Clerk
Notlco of hoarlng on ostlmoto
of lovy for Airport Bond Tax
of tho City of Dubuquo, Iowa
Notice is hereby given that the
following estimate of levy of the
,»~
126
Special Session, March 31, 1969
Airport Bond Tax is on file in
the office of the Clerk, and that
the same will be considered by
the Council of Dubuque, Iowa, at
a meeting to be held in the Coun-
cil Chambers in the City Hall at
7:30 o'clock P.M., on the 14th day
of April, 1969.
Estimate of Levy
1. Amount of income to pay for
said improvements from
sources other than taxation:
None
2. Amount proposed to be raised
by taxation:
Year of Yo.. of
Levy Amount Expenditure
1969 $34,888_00 1970
1970 $29,400.00 1971
1971 $26,300.00 1972
1972 $27,200.00 1973
1973 $26,100.00 1974
3. Said funds to be expended to
pay Airport Bonds issued for
the purpose of paying a part
of the cost of equipping, im.
proving and eularging the here-
tofore established Dubuque Mu-
nicipal Airport.
4. Amount expended from said
fund for like purposes in 1967:
None
5. Amount expended from said
fund for like purposes in 1988:
None
Leo F. Frommelt
Clerk
Councilman Couchman m 0 v e d
adoption of the resolution. Sec.
onded by Councilman Meyers. Car-
ried by the following vote:
Ye-Mayor Pregler, Council-
men Couchman, Meyers, McCauley.
Nay~Councilman Schultz.
WHEREAS, this Airport Com,
mission did by Resolution adopted
January 2, 1969, request the City
Council of said City to act for
the sale and issuance of $125,000..
00 of Airport Bonds; and,
WHEREAS, said City Council
has taken action for the sale and
issuance of said Airport Bonds.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE AIRPORT COM,
MISSlON OF THE CITY OF DU.
BUQUE, lOW A, AS FOLLOWS:
Section 1. That all action here,
tofore taken by the City Council
of Dubuque, Iowa, as hereinabove
referred to in connection with the
hearing, sale and issue of $125"
000.00 of Airport Bonds of said
City, dated March 1, 1969, and
all action to be taken or necessary
to be taken in the future for the
issuance and delivery of said Air-
port Bonds, is hereby authorized,
approved, ratified and confirmed
in all respects.
Section 2. That this Resolution
be entered of record as evidence
of the approval of this Airport
Commission of the above detailed
action of the said City Council.
PASSED AND APPROVED tbis
28th day of March, 1969.
Les Harney
Chairman
Special Session, March 31, 1969
127
corporated, organized and existing
under and by virtue of the gen-
eral laws and constitution of the
State of Iowa, and is not affected
by any special legislation; and
WHEREAS, the Council of said
Municipality, heretofore pursuant
to Chapter 407, Code of Iowa,
1966, did legally call an election
Í1XÎng the time and place thereof,
and did legally submit thereat to
the voters of said Municipality to
be by them voted upon, the prop.
osition of issuing bonds of said
Municipality in an amount not
exceeding $565,000.00 for the pur-
pose of defraying the cost of con-
structing a new fire station at the
comer of 9th Street and Central
Avenue in said City, and levying
an annual tax of not more than
one mill for the purpose of paying
said bonds and the interest there-
on; and did give legal, sufficient
and timely notice of said election,
and the time, place and the pur-
pose thereof; and
WHEREAS, said election was
duly and legally held and conduct-
ed on the 10th day of December,
1969, from seven o'clock A.M. un-
til eight o'clock P.M. pursuant to
said call and to said legal notice
duly given for three successive
weeks by publication once each
week in the Telegraph.Herald, a
legal newspaper, printed wholly
in the English language, published
in and of general circulation in
the Municipality of Dubuque, Iowa,
the last publication in said news-
paper was on the 3rd day of De.
cember, 1968, being not less than
five nor more than twenty days
prior to the date of said election,
all in strict compliance with the,
law and the orders of said Coun- 'I
en; and a majority of the qualified
electors of said Municipality vot-
ing thereat, voted in favor of the
aforesaid proposition, the affirma-
tive vote on said proposition being
equal to more than sixty per cent
of the total votes cast for and
against said proposition at said
election, and said proposition was
duly adopted; and
WHEREAS, none of the bonds
thus legally authorized have been
issued:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That there is hereby
levied the following direct tax on
all of the property taxable within
said Municipality (subject to said
tax) for the purpose of paying the
principal and interest on the bonds
hereinafter authorized to be issued,
to-wit:
Yo.. of
Lovy
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
Amount
$31,340.00
$74,730.00
$72,230.00
$69,930.00
$67,680.00
$65,330.00
$78,030.00
$75,040.00
$82,050.00
$78,525.00
Year of
Colloction
1970
1971
1972
19'13
1974
1975
1976
1977
1978
1979
Attest:
Vie J. Grice
Acting Secretary
Recorded in the office of the
City Clerk of the City of Dubuque.
Iowa, on March 31, 1969.
Leo F. Frommelt
City Clerk
Councilman Meyers moved ap-
proval of the resolution and direct-
ed Clerk to record. Seconded by
RESOLUTION NO. 76-69 Councilman Couchman. Carried by
Resolution confirming action of the following vote:
tho City Coundl of tho City of Yea~Mayor Pregler, Council.
Dubuquo, 1_0, for tho solo and men Couchman, Meyers, McCauley.
i.suance of $125.000,00 of Air. Nay~Councilman Schultz.
port Bonds RESOLUTION NO. 77,(,9
WHEREAS, the City of Dubuque, R I t. th' . h i
Iowa, has heretofore, pursuant to eso u Ion. au oro~'ng t e ss~-
tbe provisions of Chapter 330 of once of FIre StatIon Bonds 1ft
the Code of Iowa, 1966, established tho amount of $565.000.00 and
a Municipal Airport and placed lovying a tax for tho poy..-t
the management and control there- thereof .
of under this Airport Commission WHEREAs, the CIty of Dubuque,
t to el cti n conducted in the County. of Dubuc¡ue, State
pur,uan ~ eo. of Iowa, sometImes heremafter re-
under authority granted by saId I' £erred to as the Municipality, is
Chapter; and, a municipal corporation duly in,
Section 2. Said taxes shall be
collected each year at the same
time and in the same manner as
and with, and in addition to, ali
other taxes in and for said Mu-
nicipality, and when collected they
shall be converted into a fund to
be known as the "FIRE STATION
BOND FUND", which is hereby
pledged for and shall be used only
for the payment of principal and
interest of the bonds hereinafter
authorized to be issued; whenever
said Municipality shall have on
hand funds derived from any other
source than taxation which may be
appropriated to the payment either
of interest or principal, or both
principal and interest, such funds
may be so appropriated and used
and the levy hereinbefore provid-
ed for, for the payment of the
bonds, correspondingly reduced;
and in such fund (in addition to
the taxes above provided for) thus
pledged, there shall be included
annually all sums which may be
legally included under the appor-
tionment of millage tax provided
for by Code Section 429.3 of the
Code of Iowa, 1966.
Section 3. All moneys held in
the "FIRE STATION BOND
FUND" provided for by Section
2 of this Resolution shall be
deposited in banks which are
members of the Federal Deposit
Insurance Corporation and the de-
posits in which are insured there-
by. and all such deposits exceeding
128
Special Session, March 31, 1969
$15,000.00 in anyone bank shall
be continuously secured by a valid
pledge of direct obligations of the
United States Government having
an equivalent market value.
Section 4. That there are hereby
autborized to be issued 113 ne-
gotiable Fire Station Bonds of
said Municipality in the aggregate I
amount of $565,000.00, numbered
consecutively from 1 to 113, both
inclusive, in the denomination of
$5,000.00 each. All of saId bonds
sball be dated March 1, 1969, each
bearing interest from and after the
date thereof until paid; bonds
numbered 1 to 17, inclusive, shall
bear interest at the rate of 5%
per annum, bonds numbered 18
to 83, inclusive, shall bear interest
at tbe rate of 4.60% per annum
and bonds numbered 64 to 113,
-
Bond No.
1 to 7, both incl.
8 to 17,
18 to 27,
26 to 37,
38 to 47,
48 to 57,
58 to 70,
71 to 83,
64 to 98,
99 to 113,
Amount
$35,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$65,000.00
$65,000.00
$'15,000.00
$75,000.00
Section 5. That upon presenta. I
tion at the office of tbe Treasurer
of said 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 Treasurer, and thereafter the
principal of such registered bonds
shall be payable only to the regis.
tered holder, his legal representa.
tives or assigns. Such registered
bonds shall be transferable to an.
other registered holder, or back!
to bearer, only upon presentation
to said Treasurer with a legal
asaIgnment duly acknowledged or
proved. Registration of any such
bonds shall not affect the nego-
tiability of the coupsons thereto
attached, but such coupons shall
be tranaferable by delivery mere.
lY.
Section 6. Bonds numbered 1 to
113;- both Inclusive, shall he In
the following form:"
inclusive, shall bear interest at
the rate of 4.70% per annum, pay-
able June 1, 1969, and semiannual-
ly thereafter on the first day of
June and December in each year,
such interest to be evidenced by
negotiable coupons attached to
each bond; both principal and in.
terest of said bonds to be payable
in lawful money of the United
states of America at the office
of the Treasurer in the Municipal-
ity of Dubuque, Iowa, in Dubuque
County; that said bonds be sigued
by tbe Mayor and attested by thc
Clerk and the seal of said Mu-
uicipality aff¡xed; tbat they be
registered with the Treasurer and
a certüicate of registration en.
dorsed thereon; said bonds shall
become due and payable in their
numerical order as follows:
Maturity Data
December 1, 1970
December 1, 1971
December 1, 1972
December 1, 1973
December 1, 1974
December 1, 1975
December 1, 1976
December 1, 1977
December 1, 1978
December 1, 1979
(FORM OF BOND)
UNITED STATES OF AMERICA
STATE OF IOWA
COUNTY OF DUBUQUE
CITY OF DUBUQUE
FIRE STATION BOND
No. ...."...... $5,000.00
The City of Dubuque, in the
County of Dubuque, 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 December, 19......, with
interest on said sum from the
date hereof until paid, at tbe rate
of ........% per annum, payabie on
the 1st day of June, 1969, and
semiannually tbereafter on the
first day of June and December
In eacb year, upon presentation
and surrender of the interest cou-
pons hereto attached. Both prin-
cipal and interest are payable at
tbe office of the City Treasurer,
in the City of Dubuque, Iowa.
Special Session, March 31, 1969
This bond is one of a series
of bonds issued by said City of
Dubuque, Iowa, pursuant to and
in strict compliance with the pro-
visions of Chapter 407, Code of
Iowa, 1966, and in conformity with
a resolution of the Council of said
City duly passed and approved,
for the purpose of defraying the
cost of constructing a new fire
station at the corner of 9tb Street
and Central Avenue in said City.
This bond is fully negotiable but
may he registered as to principal
only In the name of the holder
on the books of said City in the
office..,f the City Treasurer, such
registration to be endorsed by
notation on the back hereof by
the Treasurer, after whicb no
transfer shall be valid unless made
on said books and similarly noted
hereon, but it may be discharged
from said registration by being
tranaferred 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 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 pre-
cedent to and in the issue of this
bond, were and bave been proper- !
ly existent, had, done and per. I
formed in regular and due form
and time; that the faith, credit,
revenues and resources and all
the real and personal property of
saId City are irrevocably pledged
for the prompt payment of the
principal and interest hereof at
maturity; and that the total in-
debtedness of said City, including
this bond, does not exceed the
constitutional or statutory limita-
tions.
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, as of the 1st day of March,
1969.
Mayor
Attest:
City Clerk
129
(FORM OF COUPON)
DUBUQUE, IOWA
No. """""" $ ............
On the 1st dsy of """""""",
19......, the City Treasurer of Du-
buque, Iowa, will pay to bearer
$ ................ at the office of the
City Treasurer, for ........ months'
interest on its Fire Station 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 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
Dote of Registration
In Whose Nama Roglstered
Signature of City Treasurer
Section 7. That this resolution
shall constitute a contract between
said Municipality and the pur-
chaser of said bonds; that when
said bonds have been executed,
they shall be delivered to the
Treasurer of said Municipality who
shall register the same in a book
provided for that purpose and
shall thereupon deliver the said
bonds to the purchaser as deter.
mined by this Council upon re-
"IIIII!!
II!
"
130
Special Session, March 31, 1969
ceipt of the purchase price, the
same to be not less than the par
value of said bonds with accrued
interest thereon.
Section 8. 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 1978, both years inclusive, to
levy and assess the tax hereby
authorized in Section 1 of this
resolution, in like manner as other
taxes are levied and assessed and
that such taxes so levied in and
for each of the year aforesaid be
collected in like manner as other
taxes of said Municipality are col-
lected, and when collected, to be
used for the purpose of paying
principal and interest on said
bonds issued in anticipation of
said tax and for no other purpose
whatsoever.
Section 9. That interest and
principal falling due during any
year, shall, if necessary, be paid
promptly from current funds on
hand in advance of the receipt of
the tax, and when said tax shall
have been collected, reimburse-
ment shall be made to such cur-
rent funds in the sums thus ad-
vanced.
Section 10. This resolution shall
be irrepealable until all of the
aforesaid bonds, both principal
and interest, are fully paid and
discharged.
Section 11. 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 & Hay.
nie, Attorneys, of Des Moines,
Iowa, under the certificate of the
Clerk certifying the same as be-
in~ a true copy thereof, said cer-
tificate to bear the facsimile sig-
nature of said Clerk.
Section 12. All resolutions or
parts of resolutions in conflict
herewith are hereby repealed.
PASSED AND APPROVED, this
31st day of March, 1969.
Walter A. Pregler
Mayor
Attest:
Leo F. Frommelt
Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Councilman Couchman. Carried
by the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
RESOLUTION NO. 78-69
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 gj. the
City of Dubuque, Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE.
IOWA:
Section I. That the agreement
by and between City of Dubuque,
Iowa and Retirement Investment
Corporation covering the exten-
sion of city sanitary sewer service
to Heritage Manor and covering
the installation of sanitary sewer
line partly located in the City of
Dubuque, Iowa and partly located
beyond the present city limits of
the City of Dubuque, Inwa, which
Agreement, marked Exhibit "A"
is hereto attached, 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 agreement for and
on behalf of the City of Dubuque,
Iowa.
Passed, approved and adopted
this 31st day of March, 1969.
Walter A. Pregler
Mayor
Sylvester McCauley
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Coucbman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Schultz moved adop-
tion of the resolution. Seconded by
Councilman Couchman. Carried by
the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
Nay~None.
Special Session, March 31, 1969
AGREEMENT FOR
SEWER MAIN
WHEREAS, Retirement Invest.
ment Corporation has petitioned
the City nf Dubuque, Iowa, for
the extension of seWer main com.
mencing approximately at or near
a point adjacent to the west prop-
erty line of the following de.
scribed real estate:
Lot l-1-E'At S. W. 'I4-Bection
21 Twp. 69 North, Range 2 East;
Lot 1-1 of Byrnes Subdivision;
Lot 2-N.E. 'M-S.E. '14, Section I
20, Twp. 89 North, Range 2 East;
Lot I-N.E. '4-B.E. '14, Section
20, Twp. 89 North, Range 2 East;
S.E. 'I4-N.E. '14, Section 20,
Twp. 69 North, Range 2 East;
Lot 2-N.E. '4-B.E. '14, Section
20 Township 89 North, Range 2
East; Lot 2 of Kloser Place; all
in Dubuque County, Iowa;
WHEREAS, said proposed ex-
tension of sewer main shall be
iocated approximately 2,800 feet
within the present corporate limo
its of tbe City of Dubuque, Iowa,
and said proposed extension of
sewer main shall be located ap-
proximately 4,000 feet beyond the
present Corporate limits of the
City of Dubuque, Iowa, which
sewer main shall consist of twelve
~~~d~1:y ";t~ ~~~:r. (8) inch vito I
NOW, THEREFORE, the parties
hereto, for and in consideration
of the mutual covenants to be by
each performed and for and in
consideration nf other good and
valuable consideration do bereby
agree as follows:
(1) Retirement Investment Cor-
poration shall construct and in.
stall according to the require.
ments, inspection and design of I
the City of Dubuque, Iowa, En.
gineering DePartment, a twelve
(12) inch and eight (8) inch vito
rified clay tile sewer main and
said sewer main when completed
shall he and remain the property
of the City of Dubuque, Iowa.
(2) The parties hereto agree that
as to that section of the seWer
main of approximately 2,800 feet
in length within the present cor.
porate limits of the City of Du- I
buque, Iowa, that the City of
Dubuque shail remit to Retirement
Investment Corporation the con.
nection charge or charges received
by the City of Dubuque from the
property owners connecting there.
to. Said connection charges shall
be computed by taking the total
cost of the project, including cost
of securing easements and rights
of way and which costs shall be
certified to the City of Dubuque,
Iowa, and thereafter the City of
Dubuque, Iowa, shall determine
the number of lineal feet of prop-
erty that can be served and divide
same into total cost of project
based upon an eight (8) inch sewer
line, thereby arriving at the cost
per lineal foot of said sewer main,
which cost shall prevail as a con-
nection charge to be paid by prop-
erty owners connecting thereto.
(3) It is further agreed between
the parties hereto that as to that
portion of the sewer main of ap-
proximately 4,000 feet in length
outside or beyond the corporate
limits of the City of DUbuque,
Iowa, that Retirement Investment
COrporation shall pay for all costs
of installation and construction of
said sewer main, including the
securing of the necessary ease-
ments and rights of way therefor.
No connection thereto shall be
permitted except by Retirement
Investment Corporation and Antel
Inc. but no others, and no Connec-
tions shall be permitted to be
made to that portion of the sewer
main outside the present corporate
limits of the City of Dubuque,
Iowa, so long as said portion re-
mains outside or beyond the Cor,
porate limits of the City of Du-
buque, Iowa, intending hereby to
limit such connections only to Re-
tirement Investment Corporation
and Antel Inc. but to no other
person, firm or corporation. Re-
tirement Investment Corporation
by itself, its successors and assigns
shall in no event furnish service
or extend said sewer main services
to any other person, firm or cor-
poration.
(4) It is further agreed by the
parties hereto that when Said ter-
ritory presently beyond the cor-
porate limits of the City of Du-
buque, in which said seWer main
is located, is annexed to the City
of DUbuque, Iowa, then in such
event the property owners abutt.
ing said sewer main may connect
131
'1IIiIiIM~'"
132
Special Session, March 31, 1969
thereto and the City of Dubuque
shall collect from said connecting
property owners the connection
charges and remit the same when
collected to Retirement Investment
Corporation. Connection cbarges
calculated as so stated in Para-
graph 2.
(5) It is agreed that no connec-
tion charge shall be collected from
Antel Inc. for any connections it
may make to said sewer main, it
being the intention of the parties
to allow Antel Inc. to make what-
ever connections it may desire
without a connection charge.
(6) It is mutually agreed that I
Retirement Investment Corpora-
tion shall secure all the necessary
easements and rights of way to
locate the sewer main proposed
to be located beyond the corporat.
limits of the City of Dubuque, and
in no event shall said sewer main
be located in any portion of the
present town of Asbury.
(7) Retirement Investment Cor-
poration agrees that it shall pay
the rate for users outside the
City limits of the City of Du-
buque, Iowa.
(8) Retirement Investment Cor-
poration agrees for itself, its
successors and assigns to volun-
tarily annex the territory present-
ly owned by it to the City of
Dubuque, Iowa, and it under-
stands, warrants and represents
that the extension of sewer main
to its present location has been
upon the material representation
by the said Retirement Investment
Corporation that it will voluntarily
annex its territory to the City of
Dubuque, Iowa, at such time as
the City demands such annexa.
tion.
(8a) Retirement Investment Cor-
poration shall also secure the nec-
essary easements and rights-of-way
for that section of the sewer main
located within the present cor.
porate limits of the City of Du.
buque.
(9) That the parties hereto agree
for themselves, their successors
and assigns to be bound by the
terms and provisions hereof.
Dated at Dubuque, Iowa, this
31st day of March, 1969.
CITY OF DUBUQUE, IOWA,
By Walter A. Pregler
Mayor
Attest:
Leo F. Frommelt
City Clerk
RETIREMENT INVESTMENT
CORPORATION,
By Frank H. Bertsch
Its President;
and Melchior C. Mai
Vice-President
State of IOWA
: 88.
DUBUQUE County
On this 31st day of March, 1969,
before me, the undersigned, a
Notary Public in and for said
County, in said State, personally
appeared Fronk H. Bartsch and
Melchior C. Mei, to me personally
known, who, being by me duly
sworn, did say that they are the
President and Vice-President re-
spectively, of Retirement Invest.
ment Corporation, that no seal has
been procured by the said cor-
poration; that said instrument was
signed on behalf of said corpora-
tion by authority of its Board of
Directors; and that the said Fronk
H. Bertsch and Melchior C. Moi
as such officers acknowledged the
execution of said instrument to
be the vountary act and deed of
said corporation, by it and by
them voluntarily executed.
Donald R. Breitbach
Notary Public of
Iowa, in and for
Dubuque County
commission expires July 4,
My
1969.
State of IOWA
: 88.
DUBUQUE County
On this 31st day of March, 1969,
before me, the undersigned, a
Notary Public in and for said
County, in sald State, persona1Jy
appeared Woltor A. Prosier and
Lac F. Frommelt, to me personally
known, who, being by me duly
sworn, did say that they are the
Mayor and City Clerk respectively
of the City of Dubuque, Iowa,
that the seal affixed hereto i.S the
seal of said Municipal corporation;
that said instrument was signed
Special Session,
and sealed on behalf of said Mu-
nicipal corporation by authority of
its City Council; and that the said
Walter A. Pregler and Leo F.
Frommelt as such officers acknowl-
edged the execution of said in-
strument to be the voluntary act
and deed of said Municipal corpo-
~:::~;'e::c~:e:nd by them volun- I
Eugene J. Berens
Notary Public of
Iowa, in and for
Dubuque County
My commission expires July 4, I
1969.
The Council was apprised of
the expiration of the term of
George Deininger on the Board
of Zoning Adjustment and also of
Wiiliam Giese and Donald Kopp
on the Board of Heating, ventilat-
ing, Air Conditioning and Refrig-
eration.
Councilman McCauley m 0 v e d
that action on the appointments
be postponed to next week. Sec-
onded by Mayor Pregler. Carried
by the following vote:
Yea~Mayor Pregler, Council-,
men Couchman, Meyers, McCauley,
Schultz.
Nays-None.
There being no further business
Mayor Pregler moved to adjourn.
March 31, 1969
133
Seconded by Councilman Schultz.
Carried by the following vote:
Yea~Mayor Pregler, Council-
men Couchman, Meyers, McCauley,
Schultz.
NaY~None.
Leo F. Frommelt
City Clerk
Approved """""""""""...".""",,1969
Adopted """""""'".""""."".""..1969
"......".."".""....."."........".""............"
Councilmen
Attest: """"""""ëïiÿ"ëï;;j.'k""""""'"
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